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Lawyersclubindia Judiciary

Reservation in election

 02 December 2008

Constitution of India, Article 332(3) - Uttar Pradesh Re-organization Act, 2000, Section 22 - Election - Reservation - As per census data the population of the Scheduled Tribes is 3% of the total population of Uttaranchal and - 70 Single member terri..

Posted in Constitutional Law |    hits

Discretionary Relief

 02 December 2008

(A) Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Trade Marks Act, 1999, Sections 29 and 106 - Interim injunction - c - Appellant prior user of trade mark 'Glucon-D' and specific packaging - The term 'Glucose-D' used by respondent from the yea..


Arbitration agreement against non-parties

 29 November 2008

Arbitration agreement cannot be invoked against persons not party to the agreement ..

Posted in Corporate Law |    hits

Powers of court under S. 9 Arbitration Act

 29 November 2008

Powers of court to pass interim order under S. 9 Arbitration Act, 1996..

Posted in Corporate Law |    hits

Bona fide requirement of landlord

 29 November 2008

Rent control statute permitting eviction if landlord requires the building ``for his own use'' - Expression ``for his own use'' - Reiterated, covers requirement not only of the landlord but also his son, even if there has been a family partition duri..

Posted in Property Law 1 comments |    hits

Sections 195 and 340 of the Code of Criminal Procedure

 25 November 2008

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Posted in Criminal Law |    hits

Arbitration

 25 November 2008

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Posted in Corporate Law |    hits

Quantum of maintenance

 25 November 2008

Section 125 Cr.P.C. Quantum of maintenance..

Posted in Family Law |    hits

Custody of minor

 25 November 2008

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Posted in Family Law |    hits

Rent Control

 25 November 2008

Landlord is the best judge of his requirement..

Posted in Civil Law |    hits

Oral partition

 15 November 2008

The law does not require a partition to be effected by an instrument in writing,..

Posted in Property Law |    hits

No expiry date for use of a stamp paper

 15 November 2008

The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek ..

Posted in Property Law |    hits

Recent decisions of the Supreme Court-Part II

 10 November 2008

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Posted in Constitutional Law |    hits

Some recent important decisions of the Supreme Court -Part I

 05 November 2008

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Posted in Constitutional Law |    hits

Interim Relifs

 05 November 2008

Arbitration and Conciliation Act, 1996, Sections 9 and 11 - Specific Relief Act, 1963, Sections 9, 14 and 41 - Interim relief - Continue to carry on mining operations and restraining respondent firm to interfere - Term of original agreement expired a..

Posted in Civil Law |    hits

Interim relief

 05 November 2008

Arbitration and Conciliation Act, 1996, Sections 9 and 11 - Specific Relief Act, 1963, Sections 9, 14 and 41 - Interim relief - Continue to carry on mining operations and restraining respondent firm to interfere - Term of original agreement expired a..

Posted in Civil Law |    hits

Judicial Review

 05 November 2008

(A) Constitution of India, Articles 14 and 19(1)(g) - Chartered Accountants Act, 1949, Sections 7 and 24-A - Judicial review - Notification - Sustainability of - Professional misconduct - Notification prohibits all C.As from joining a C.F.A. course -..

Posted in Constitutional Law |    hits

Prohibition under Section 69 of Partnership Act

 05 November 2008

Whether the proceedings regarding making the award rule of Court are maintainable as the non-applicant firm is not a registered partnership firm under Section 69 of the Partnership Act ..

Posted in Civil Law |    hits

Petition under D V Act cannot be transferred to Family Court

 05 November 2008

The Domestic Violence Act does not contain any provisions clothing jurisdiction on the Family Court to entertain an application filed under Section 12 of the Act. It may be true that the reliefs available under Sections 18 to 22 of the Act may also b..

Posted in Criminal Law |    hits

Domestic Violence Act -Appeal against interim orders

 05 November 2008

. A plain reading of Section 29 of the Act does not make any distinction between the final order and the interim order and therefore in the considered view of this Court an appeal will lie both against the final order and an interim order passed by ..

Posted in Criminal Law |    hits







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