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Lawyersclubindia Judiciary

Discharge simpliciter - Wrong mentioning of provision

 22 September 2008

Army Act, 1950, Sections 20, 22 and 63 - Discharge simpliciter - Wrong mentioning of provision - Authority having power under the law - Merely because while exercising that power the source or power is not specifically referred to or a reference is m..

Posted in Others |    hits

Only one days's delay in reporting for duty

 22 September 2008

Dismissal - Only one days's delay in reporting for duty - Justifiable reason of death of his father - Direction to Union of India to consider the case of appellant sympathetically - Respondent agreed to reinstate appellant without payment of back wag..


Inherent Powers

 22 September 2008

(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..

Posted in Criminal Law |    hits

Investigation

 22 September 2008

(A) Medical jurisprudence - Murder - Post-mortem examination - Time of death - The lapse of taking place of death cannot be accurately stated. (Para 14) (B) Medical jurisprudence - Gun shot injury - Blackening of the wound can be found only when..

Posted in Constitutional Law |    hits

Investigation

 22 September 2008

(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..

Posted in Criminal Law |    hits

Jurisdiction of Court

 22 September 2008

(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..

Posted in Civil Law |    hits

Jurisdiction of Court

 22 September 2008

(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..

Posted in Civil Law |    hits

Exparte Award

 22 September 2008

Under section 17-A of the Industrial Disputes Act, 1947 an award becomes enforceable on the expiry of 30 days from the date of its publication. Once an award becomes enforceable, the industrial tribunal or the labour court, as the case may be, becom..


Acquittal

 22 September 2008

Penal Code, 1860, Sections 302, 120B, 201 r/w 34 - Acquittal - Benefit to co-accused - Acquittal of similarly placed co-accused in on the same set of facts and on similar accusations - A departure may be made in case where accused had not surrendered..

Posted in Criminal Law |    hits

Compromise Decree

 22 September 2008

Civil Procedure Code, 1908, Order 23 Rule 3 and Rule 3A - Compromise decree - Held that while it is true that decrees of civil Courts which have attained finality should not be interfered lightly, challenge to such compromise decrees by an aggrieved ..

Posted in Civil Law |    hits

Maintenance should from Date of Application

 21 September 2008

Code of Criminal Procedure, 1973, s. 125 - Whether interim maintenance could be awarded in absence of specific and express provision; whether the applicant-wife and her daughter are entitled to maintenance from the date of the order passed by the Fam..

Posted in Family Law |    hits

Resale Tax

 19 September 2008

Maint contractor liable for resale tax under section 6-B of the KST Act, 1957..

Posted in Taxation |    hits

Appeal -Scope

 19 September 2008

(A) Promissory estoppel - Pay protection - Appellant had been given the benefit of pay protection - Offer of appointment cannot be read so as to extend such benefits in regard to the applicability of the recommendations of the Fifth Pay Commission wh..

Posted in Civil Law |    hits

Award

 19 September 2008

Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..


Validity of Shorter Limitation

 18 September 2008

Major Port Trust Act, 1963 - Section 120 - Notice - Limitation - Validity of Shorter Limitation - A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a l..

Posted in Civil Law 1 comments |    hits

Condone the Delay in Filing Appeal

 18 September 2008

Telecom Regulatory Authority of India Act, 1997 - Section 14 A (2) (3) & 18 - Statutory Appeals - Condone the Delay in Filing Appeal - Point in issue was of general importance and since there was no Authoritative Pronouncement - Whether "in the facts..

Posted in Civil Law |    hits

Costs

 18 September 2008

(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..

Posted in Civil Law |    hits

Murder & Attempt to Murder

 18 September 2008

(A) Indian Penal Code, 1860-Sections. 300, 302, 307 r/w 34- Murder and attempt to murder- Common object-Proof-Deceased and his injured brother allegedly stabbed by appellants while they were returning home- Material change and an improvement in state..

Posted in Criminal Law |    hits

MAintainability of a Complaint

 18 September 2008

A. Criminal Procedure Code, 1973- Section-181(4) – Territorial Jurisdiction – Offence of criminal breach of trust and cruelty – case registered under sections. 406/498-A I.P. C. - Allegation that petitioners, in-laws husband harassed the complainan..

Posted in Criminal Law |    hits

Material Supression of Fact in a Criminal Case

 18 September 2008

A. Criminal Procedure Code, 1973 – Section 144- Dispute between landlord and tenant – Validity of order passed by Executive Magistrate restraining tenant from entering premises – Landlord’s application under section 144 for possession of premises- re..

Posted in Constitutional Law |    hits








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