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Lawyersclubindia Judiciary

RAJ KUMAR V STATE

 25 February 2009

The possibility of the appellants being falsely implicated by PW-2 to extract the return of his loan cannot be ruled out. 30. The appeals are allowed. Impugned judgment and order dated 10.8.2007 convicting the appellants is set aside. The appellan..

Posted in Criminal Law |    hits

KISHAN @ BABLI ..... V STATE

 25 February 2009

It is settled law that where a person primarily intends the commission of a particular offence, say robbery; but is armed and uses the weapon of offence if obstructed in the act to rob, an intention to use force to achieve robbery and in said act ..

Posted in Criminal Law |    hits

AJAY VERMA V STATE

 25 February 2009

the petitioner abused the liberty of bail granted to him in the aforesaid cases and it cannot be lost sight of that once bail is granted to the petitioner, he may again trap unwary manufacturers into losing large sums of money. It is, therefore, c..

Posted in Criminal Law |    hits

dishonour of cheque lost in transit

 25 February 2009

The cheque was sent for collection to Chengannur branch of the bank through M/s. Professional Couriers but the same was lost in transit. Banking Ombudsman gave similar advise to the respondent by pointing out that he can get duplicate cheque by res..

Posted in Others |    hits

Bank guaranteed encashment of the cheque

 25 February 2009

The cause of action to file the complaint had arisen on receipt of communication dated 20th February, 1999, by which the bank denied its liability to pay the amount of cheque in spite of the fact that the payment of the said sum was guaranteed. There..

Posted in Criminal Law |    hits

Petition dismissed for non prosecution

 25 February 2009

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Posted in Criminal Law |    hits

Compromise Settlement Deed-set aside the impugned order.

 25 February 2009

in view of the settlement arrived at between the parties, it would be appropriate to set aside the impugned order and quash the proceedings, if any. We order accordingly...

Posted in Criminal Law |    hits

State v SIDHARTHA VASHISHT and ORS.

 24 February 2009

Substantive sentences of imprisonment in respect of Sidhartha Vashisht @ Manu Sharma shall run concurrently and all the three convicts would be given benefit of Section 428 Cr.P.C. ..

Posted in Criminal Law |    hits

Charan Singh v state

 24 February 2009

court in holding the appellant guilty under Section 302 IPC is not sustainable.Consequently, we set aside the conviction of the appellant under Section 302 IPC and acquit him of the charges...

Posted in Criminal Law |    hits

State v SIDHARTHA VASHISHT and ORS.

 24 February 2009

while holding Sidhartha Vashisht @ Manu Sharma guilty under Section 302 IPC for the murder of Jessica Lal as also under Section 27 Arms Act and Section 201/120B IPC, we also hold Amardeep Singh Gill and Vikas Yadav guilty for the offence punishable u..

Posted in Criminal Law |    hits

AJAY KUMAR TRIPATHI VS STATE

 24 February 2009

under Section 386(3) altered the finding by making an amendment in the judgment by holding the appellant guilty for an offence under Section 302 read with 201 IPC. ..

Posted in Criminal Law |    hits

ATE V$ Mohd. Sheikh Noor Hussain

 24 February 2009

although this is a case which is repulsive and gruesome in nature, yet we find that the accused comes from the poorest strata of society and it cannot be ruled out that there is no possibility of the accused being reformed and rehabilitated into the..

Posted in Criminal Law |    hits

STATE V BRIJ KISHORE

 24 February 2009

An angry young man of 21 years, having lost his house on a complaint made by the deceased, vent his anger in an irrational manner not accepted by law. The sentence of death to our mind would be far too harsh, not falling within the framework of 'rar..

Posted in Criminal Law |    hits

STATE V MOHD. HUSSAIN

 24 February 2009

death sentence imposed on the appellant Mohd. Hussain under Section 302 IPC CONFIRMED. The sentences imposed on him for his conviction under other offences of IPC and the Explosive Substances Act are also maintained. ..

Posted in Criminal Law |    hits

SUSHIL ANSAL V STATE

 24 February 2009

justice would be served if the sentence is reduced to rigorous imprisonment for one year and Rs. 5000/- under section 304-A. the default sentence in his case is also modified to simple imprisonment for two months. The conviction by the trial court i..

Posted in Criminal Law |    hits

claim of compensation in case of HT EB towers put up

 24 February 2009

there is no necessity to give any notice for the purpose of erection of tower or for making "transmission lines" and therefore, the petitioner is not entitled for the relief as claimed, except the right under Section 10(d) of the Indian Telegraph Act..

Posted in Property Law |    hits

Shri Hamid Khan V Shri Mohd. Arif

 24 February 2009

I feel that the trial court did not commit any error in holding appellant guilty for offence committed under Section 138 Negotiable Instruments Act.In view of the above discussion, the judgment dated 10.11.2003 and order of sentence dated 12.11.2003 ..

Posted in Criminal Law |    hits

Rajinder Kumar V STATE

 24 February 2009

At best, the appellant could be held guilty for an offence under Section 325 IPC. Resultantly, the impugned judgment and order on sentence is modified to the extent of holding the appellant guilty for committing offence under Section 325 of the India..

Posted in Criminal Law |    hits

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







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