Candidate appearing in selection is estopped from challengin

 07 March 2008

Posted in Labour & Service Law |    0 comments |    hits


Juvenile Justice Act

 07 March 2008

Under Juvenile Justice Act order refusing bail to juvenile by Board and S.J. is not proper.

Posted in Criminal Law |    0 comments |    hits


Sec. 32 of I.T. Act,1961 not applicable to Professionals

 07 March 2008

Posted in Taxation |    0 comments |    hits


Doctrine of legitimate expectation

 02 March 2008

The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such esta

Posted in Constitutional Law |    0 comments |    hits


Burden of proof

 02 March 2008

If the plaintiff fails to prove the existence of the fiduciary relationship or the position of active confidence held by the defendant- appellant, the burden would lie on him as he had alleged fraud. The trial Court and the High Court, therefore- can

Posted in Civil Law |    0 comments |    hits


WILDLIFE PROTECTION AND CONSERVATION

 28 February 2008

Wild Life Protection Act, 1972 Reducing the area of Sanctuary through notifications of the State legislature

Posted in Others |    0 comments |    hits


Acquittal based on benefit of doubt.

 28 February 2008

"........as per Ballistic expert's opinion, cartridge E. C. 1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt. "

Posted in Criminal Law |    0 comments |    hits


Marine Insurance Act, 1963- S. 19

 27 February 2008

Where there has been a suppression of fact, acceptance of the policy by an officer of the insurance company would not be binding on it.

Posted in Corporate Law |    0 comments |    hits


Benefit of S. 6 of the Probation of Offenders Act ,1958.

 27 February 2008

when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probation of Offenders Act. This contention was neither taken in the sessions court nor in the

Posted in Criminal Law |    0 comments |    hits


Retrenchment

 24 February 2008

Posted in Labour & Service Law |    0 comments |    hits


Central Excise Act- Related person concept

 24 February 2008

Whether the respondent was a fagade or dummy of BBL and/or whether the respondent and BBL are related persons within the meaning of Section 4 (a) and 4 (3) (b) of the Act

Posted in Taxation |    0 comments |    hits


Passing Off and Infringement

 24 February 2008

Posted in Intellectual Property Rights |    0 comments |    hits


Infringement of Trade Mark

 24 February 2008

Trade and Merchandise Marks Act, 1958-Section 29 & 106- Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation h

Posted in Intellectual Property Rights |    0 comments |    hits


Power of Review

 24 February 2008

The scheme of the Code is clear that as a general rule, as soon as the judgment is pronounced or order is made by a Court, it becomes functus officio (ceases to have control over the case) and has no power to review, override, alter or interfere with

Posted in Criminal Law |    0 comments |    hits


Acceptance of gift

 24 February 2008

Transfer of Property Act – Section 122, 123 - Gift deed - Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee – Indian Evidence Act, 1872 – Section 91 - While det

Posted in Property Law |    0 comments |    hits


Section 56 of Contract Act

 24 February 2008

Specific Performance - Indian contract act, 1872 – Section 56 - Agreement to do an act impossible in itself is void – Agreement for sale and purchase of Thika Tenancy – Whether the specific performance of the agreement for sale becomes impossible of

Posted in Civil Law |    0 comments |    hits


Injunction in matters of bank guarantee

 24 February 2008

Decision that the existence of any dispute between the parties to the contract is not a ground to restrain the enforcement of Bank guarantees or Letters of Credit. However this court made two exceptions for grant of an order of injunction to restrain

Posted in Corporate Law |    0 comments |    hits


Procedure of the Telecom Appellate Tribunal

 24 February 2008

Telecom Regulatory Authority of India Act, 1997 – Section 14, 14A, 16 - Establishment of Appellate Tribunal - Procedure and powers of the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) – Counter claim – Whether a counter claim by the Centra

Posted in Corporate Law |    0 comments |    hits


Interference by the Supreme Court in cases of acquittal

 24 February 2008

It is now a well-settled principle of law that this Court in exercise of its jurisdiction under Article 136 of the Constitution of India would ordinarily not interfere with the judgment of acquittal, if two views are possible.

Posted in Criminal Law |    0 comments |    hits


Redemption of mortgage

 24 February 2008

Mortgage – Redemption of - Whether the plaintiff had a right to get possession on redemption of his mortgage

Posted in Civil Law |    0 comments |    hits










×

  LAWyersclubindia Menu