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Lawyersclubindia Judiciary

the principle of ejusdem generis cannot be applied to make a

 11 March 2010

Service - Complaint of sexual harassment against approved teachers of Appellant college by non approved teachers - Directions issued by Respondent University freezing appointment of impugned approved teachers on recommendations of Grievance Committee..

Posted in Labour & Service Law |   4936 hits

In terminating delership, fairness is must

 11 March 2010

Commercial - Termination of dealership agreement - Validity thereof - Opportunity of hearing and sufficient notice as to proceedings not given - Whether the dealership of the Respondent No. 1 had been validly terminated in accordance with Clause 58 o..

Posted in Corporate Law |   1098 hits

A writ petition to assail the election of a person is not co

 11 March 2010

Constitution - Writ of Quo-Warranto seeking removal of elected representative from public office - Scope thereof - Representation of the People Act, 1951 - Whether a writ petition seeking to assail election of elected person and his removal from publ..

Posted in Constitutional Law |   1338 hits

Non-compliance to Procedure is Fatal

 11 March 2010

Civil - Second appeal - Non compliance with statutory requirements - No substantial question of law incorporated in grounds of appeal -Jurisdiction of Court to formulate substantial question of law in memo of appeal - Whether non-compliance with any ..

Posted in Civil Law |   1473 hits

No absorption in Permanent employment can be made under ID A

 11 March 2010

Food Corporation of India v. Central Government Industrial Tribunal and Ors (Decided on 25.02.2009) MANU/WB/0336/2009 Labour and Industrial - Regularization of casual workers in service - Award by Tribunal - Challenge thereto vide writ petition - ..

Posted in Labour & Service Law |   2360 hits

the court can impose the sentence of fine on a company

 11 March 2010

Direct Taxation - Offence by Companies - Willful attempt to evade tax - Concealment of taxable income - Section 276C and Section 278B of Income Tax Act - Trial Court issued process against Applicant-accused on a complaint by Respondents that Applican..

Posted in Taxation |   1019 hits

statutory presumptions arising are required to be rebutted b

 11 March 2010

Criminal - Offence of dishonour of cheque - Statutory presumptions available to Complainant - Rebuttal thereof by Accused - Section 138 and Section 139 of Negotiable Instruments Act, 1881 - Appellant-Complainant challenged order of Trial Court acquit..

Posted in Criminal Law |   1123 hits

he Registrar while appearing in proceedings under Section 98

 11 March 2010

Intellectual Property Rights - Trademarks - Application for rectification of registration of trademark - Appearance of Registrar in legal proceedings - Content of deposition or statement made by Registrar or his duly authorised subordinate - Scope th..


Demarcated space made available in the warehouse by logistic

 06 March 2010

Seagate Singapore International Headquarters Pvt. Ltd. (applicant) was engaged in the business of manufacture and sale of Hard Disk Drives (disks). It has been supplying disks to Original Equipment Manufacturers (OEMs) in India. In order to minimize ..

Posted in Corporate Law |   2560 hits

No consent of State is necessary for High Court for directio

 06 March 2010

Constitution - Power of High Courts to issue certain writs - Article 226 of Constitution of India - Whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation..

Posted in Constitutional Law |   1554 hits

Appellate Court Re=appreciate Entire Evidence

 06 March 2010

Criminal - Appeal against acquittal - Review of evidence - Power of Appellate Court thereof - Sections 378 and 386 of the Criminal Procedure Code, 1973 ..

Posted in Criminal Law |   1504 hits

Legal Heirs of Deceased Landlord Cannot Raise New Ground

 06 March 2010

Tenancy - Suit for eviction of Tenanted premises - Bona fide requirement of premises claimed by Landlord - Death of Landlord-original plaintiff during pendency of proceedings - Continuity of proceedings by legal heirs of Landlord -Right thereof - Whe..

Posted in Civil Law |   2028 hits

State Govts is not appropriate Govt. in Case of Cement Indus

 06 March 2010

Labour and Industrial - Controlled Industry - Declaration of cement industry as Controlled Industry - Appropriate Government for Cement Industry - Delegation thereof - Applicability of MRTU and PULP Act - Section 30 of Industrial Disputes Act, 1947 a..

Posted in Labour & Service Law |   3601 hits

Courts Cannot be Intimidated

 06 March 2010

Contempt of Court - Contemnor Advocate interfering in judicial process and scandalizing Judicial Officer - Reference by lower court to High Court - Exercise of Jurisdiction by High Court - Section 2(c) of the contempt of Court Act, 1971 and Article 2..

Posted in Criminal Law |   1050 hits

Officially wedded 2nd Wife can only Claim Service benefits

 06 March 2010

Family - Issuance of Legal Heir Certificate for purpose of getting service benefits of deceased Government servant-husband - Non-inclusion of Petitioner-second wife of deceased as legal heir - Challenge thereto - Rule 49 of the Tamil Nadu Family Pens..

Posted in Family Law |   2514 hits

Insurer to Mandatorily obtain permission of MACT

 06 March 2010

Motor Vehicles - Accident Claim - Award by Tribunal in favour of Claimant - Appeal by Insurer against same - Maintainability of appeal - Permission of Tribunal not obtained by Insurer - Section 149(2) and Section 170 of Motor Vehicle Act, 1988 ..

Posted in Civil Law |   1842 hits

Court cannot Grant Possession if it is not Part of Contract

 06 March 2010

Contract - Contract of lease - Cessation of Juridical Possession of premise by virtue of lease - Enforcement of contractual rights - Grant of relief by Court - Challenge thereto - Plaintiff-Respondents and Defendant-Appellants entered into a contract..

Posted in Civil Law |   1948 hits

Insurance Company Can Invoke Jurisdiction of Consumer Fora

 03 March 2010

One recurring point of dispute in consumer law has been the standing of the person who makes the complaint. The Consumer Protection Act allows only persons who buy goods or services for their own purpose to approach a consumer forum. The law was amen..

Posted in Civil Law 1 comments |   3195 hits

Lifting the Corporate Veil

 01 March 2010

The courts have been more prepared to pierce the corporate veil when it feels that fraud is or could be perpetrated behind the veil. The courts will not allow the Salomon principal to be used as an engine of fraud. ..

Posted in Corporate Law |   5198 hits

Maintenance for an illegitimate child from an alleged father

 01 March 2010

Where maintenance is claimed for an illegitimate child from an alleged father, it is not enough that the defendant would have been the father, but the court has to find out that in all reasonability no one else could have been the father ..

Posted in Family Law |   3744 hits







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