Civil Procedure Code, 1908, Section 100 - Second Appeal - Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion - No reasons had been indicated by the High C
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Category: Civil Law | on 26 September 2008 | hits | More
Specific Relief Act, 1963, Section 16(c) - Specific performance - Agreement to sell - Readiness and willingness - Compliance with, has to be in spirit and substance and not in letter and form - Can be seen from the conduct of the plaintiff as a whole
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Category: Civil Law | on 26 September 2008 | hits | More
(A) Penal Code, 1860, Sections 302/34 and 324 - Testimony of witness - Sole eye witness - Statements fully supported the contents of the FIR - Evidence corroborated by post mortem report - No reason for witness to falsely implicate the accused who ar
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Category: Criminal Law | on 26 September 2008 | hits | More
(A) Penal Code, 1860, Sections 302, 141 and 149 - Unlawful assembly - Common object - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object - That object is one
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Category: Criminal Law | on 26 September 2008 | hits | More
Contractual matter - Exclusion of appellant from second stage of bidding process - The very purpose of 'cash flow reporting is to find out the ability of HDEC to generate cash flow in future - And if an important method of cash flow reporting is kept
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Category: Business Law | on 26 September 2008 | hits | More
(A) Consumer Protection Act, 1986, Sections 10(3) and 16(2) - Jurisdiction of Court - Judicial restraint - High Court directing state Government to constitute at least five State Consumer Forums at State Level as used under Section 16 of Consumer Pro
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Category: Civil Law | on 26 September 2008 | hits | More
(A) Criminal Procedure Code, 1973, Section 482 - Penal code, 1860, Sections 498A and 406 - Quashing of proceedings - In complaint no allegation regarding cases covered u/s 498A IPC - No allegation of any torture for dowry against appellant - Position
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Category: Criminal Law | on 26 September 2008 | hits | More
(A) Recruitment - Ordinarily rules which were prevailing at the time of when the vacancies arose would be adhered to - The qualification must be fixed at that time - The eligibility criteria as also the procedure as was prevailing on the date of vaca
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Category: Labour & Service Law | on 26 September 2008 | hits | More
(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another
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Category: Others | on 26 September 2008 | hits | More
Electricity Act, 2003- Section. 135- Abetment of theft of electricity- Not only done by positive act of theft of electricity- It can also be done by omission to positive act by one who is responsible to act that of electricity by a dealer (owner of p
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Category: Criminal Law | on 26 September 2008 | hits | More
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