Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Lawyersclubindia Judiciary

Green Park Extension RMunicipal Corp. of Delhi anesidents V

 24 February 2009

Costs of Rs.25,000/- is also imposed on the MCD for not taking any action to demolish the illegal structure in the green area. The petitioner Association shall spend the aforesaid amount to plant more saplings in the green area of the colony and for ..

Posted in Constitutional Law |    hits

Hindu Worshippers of God are not a denominational section

 23 February 2009

Hindu Worshippers of God are not a denominational section and, therefore, they are not entitled to the benefit of Articles 26 (b) and 26 (d) of the Constitution for management of the Temples. ..

Posted in Constitutional Law |    hits

Criminal tresspass by some person given right under giftdeed

 23 February 2009

Criminal tresspass-Donor reserving life interest in the house gifted to the donee-Permitting another to reside with him-Status of that person after the death of the donor whether his occupation would amount to Criminal trespass- Penal Code Section 44..

Posted in Criminal Law |    hits

right to ascetic life of Sudras

 23 February 2009

It is, therefore, evident that with reluctance the right to ascetic life was extended to Sudras and in due recognition of their status, they were treated as Hindu sanyasis. At the present time, there is no distinction or barrier; any one may beco..

Posted in Constitutional Law |    hits

hedging contracts

 21 February 2009

forward transactions in respect of stock iwill be in the nature of hedging contracts.the existence of contract of sale is a condition precedent to attract clause (a) of proviso to section 43(5) of the Act, it stands relaxed to the extent allowed by C..

Posted in Corporate Law |    hits

Turnkey agreement

 21 February 2009

In a case of sale of goods simpliciter by a non-resident to a resident in India , if the consideration for sale is received abroad and the property in the goods also passes to the purchaser outside India , no income accrues or arises or deemed to ac..

Posted in Corporate Law |    hits

TDS on Commission,Retainer fee on export

 21 February 2009

whether tax at source is to be deducted for the following type of transactions: • Commission payable to above said non-residents on export earnings; and • Retainer fees payable to above said non-residents apart from commission payab..

Posted in Corporate Law |    hits

PRAKASH V STATE

 21 February 2009

The warm and the living hands of a Judge are the best reassurance to an accused that his fundamental right, of life and liberty, enshrined under the Constitution is preserved and protected. When these hand turn cold, the first casualty is Article ..

Posted in Criminal Law |    hits

State of Maharashtra V/s. Vasant Shanker Mhasane

 21 February 2009

The essence of prescribing a punishment for matrimonial cruelty in a penal code will be frustrated if in proven instances of cruelty a court were to bend to the multifarious pleas for leniency...

Posted in Criminal Law |    hits

state of Maharashtra V/s. Madhukar Narayan Mardikar

 21 February 2009

Merely because she is a woman of easy virtue, her evidence can not be thrown overboard...

Posted in Criminal Law |    hits

activities of the liaison office- appln of IT

 21 February 2009

in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase of goods in India for the purpose of export..

Posted in Taxation |    hits

Specific performance of Gift Deed

 20 February 2009

gift cannot be obtained by compulsion through a decree of a court and it can only be obtained without consideration. An enforcement of such a gift will be clearly contravening Section 122 of the Transfer of Property Act. The definition of 'Gift' says..

Posted in Property Law 1 comments |    hits

employment of a few persons on account of some emergency

 20 February 2009

The word 'employment' must therefore. be construed as employment in the regular course of business of the establishment, such employment obviously would not include employment of a few persons for a short period on account of some pas..


PF contribution for contractors the helpers of Contractors

 20 February 2009

unless there is material that the labour engaged by the contractors is engaged for the private employer it cannot be said that they are labour through a contractor within section 2(f) of the Act..


marriage by a Hindu wth Christian under Hindu law

 19 February 2009

.Section 5 of the Act thereafter also makes it clear that a marriage may be solemnized between any two Hindus if the conditions contained in 14 the said Sect..

Posted in Family Law |    hits

Health Hazard-Telecom Tower erection

 18 February 2009

We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Pan..

Posted in Others |    hits

Appoint ment on compassionate ground-on immediate claim only

 18 February 2009

Appointment on compassionate grounds - cannot be claimed as a matter of right - can be claimed only in terms of the Rules or Regulations framed - should be immediately provided to a member of the family to redeem the sudden financial crisis in the fa..

Posted in Constitutional Law |    hits

Motive&suspicion without evidence not basis for conviction

 18 February 2009

Motive and suspicion howsoever strong can not be made the basis of conviction without any legal evidence..

Posted in Criminal Law |    hits

Fine for offence punishable U/S 304-B IPC can not be imposed

 18 February 2009

Although sentence of imprisonment can be extended upto life imprisonment under Section 304-B (2) I.P.C., but no fine can be imposed, as the legislature has not prescribed imposition of fine under this Section. The court can award only that sentence, ..

Posted in Criminal Law |    hits

Investigation U/S156(3) CrPC can't be challenged U/S 482CrPC

 18 February 2009

Order of investigation passed under section 156(3) CrPC can not be challenged in Revision or proceeding under section 482 CrPc by propsective accused. ..

Posted in Criminal Law |    hits








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