Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Lawyersclubindia Judiciary

discrimination and personal bias in vigilance action

 05 September 2008

due to the personal srtain relationship..


Compromise

 04 September 2008

Appeal - Compromise - Memorandum of compromise arrived at between the parties - Appeal disposed of in terms of compromise - This compromise will form part of decree. (Paras 2 and 3)..

Posted in Civil Law |    hits

Costs

 04 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

Company Law Tribunal

 04 September 2008

Constitution of India, Articles 226/227, Entries 77,78,95 of List I, Entry 65 of List II and Entry 11-A of List III - Companies Act, 1956 - Companies (Second Amendment) Act, 2002 - Providing for setting up of the National Company Law Tribunal and Nat..

Posted in Constitutional Law |    hits

Equal pay for equal work

 04 September 2008

(A) Bihar Non Government Secondary School (Taking over Management and Control) Act, 1981, Sections 2(d), 3 and 19 - Proprietary School - Grant of recognition - To take over the school - Direction sought - School being managed by managing Committee an..

Posted in Others |    hits

Freedom Fighters Pension

 04 September 2008

Constitution of India, Articles 14 and 226 - Swantentrata Samman Sainik Pension Scheme, 1980 - Freedom fighters pension - Separation of power - Judicial restraint - If the order passed by the Union of India is not justifiable on Wednesbury principles..

Posted in Constitutional Law |    hits

Award - Non application of mind

 04 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 ..


Child Witness

 04 September 2008

(A) Indian Evidence Act, 1872- Section. 3- Child witness- Evidence of –Credibility- Murder case- Version of child witness is contrary to prosecution version- During investigation, witness not stated name of accused while in statement before Court wit..

Posted in Criminal Law |    hits

Written Statement

 04 September 2008

Civil Procedure Code, 1908, Order 9 Rule 13 and Order 17 Rule 2 Written statement - Filing of - Extension of time - Ex part decree - Settings aside of - Condition that written statement to be filed within two weeks with cost - Extension of time sough..

Posted in Civil Law |    hits

Will- Genuineness

 04 September 2008

(A) Will - Genuineness - Burden of proof - Is on propounder of the Will to remove any suspicious circumstances. (Para 7) (B) Will - Genuineness - Finding of fact - Finding of High Court as well as First appellate Court is that there were suspici..

Posted in Others |    hits

Appeal against Acquittal

 04 September 2008

A. Criminal Procedure Code, 1973 ― Section 378 ― Appeal against acquittal ― Powers of appellate Court in dealing with ― General principles regarding such powers enumerated in detail. In view of Apex Court the following gene..

Posted in Criminal Law |    hits

EXHAUSTION OF REMEDIES PER AGREEMENTS - A PRE CONDITION TO

 04 September 2008

EXHAUSTION OF REMEDIES PER AGREEMENTS - A PRE CONDITION TO APPROACHING THE COURT The Supreme Court of India (“Court”) on August 18, 2008 in Northern Railway Administration, Ministry of Railway, New Delhi Vs. Patel Engineering Company Ltd determine..

Posted in Civil Law |    hits

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not cov

 03 September 2008

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not covered Under statutory insurance policy. ..

Posted in Others |    hits

Works Contract Tax Under VAT

 01 September 2008

Works Contract..

Posted in Taxation |    hits

Service Provder

 01 September 2008

Builder is a service provide..

Posted in Taxation |    hits

Question of LAW

 01 September 2008

Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to answer..

Posted in Others |    hits

Unsoundness of Mind

 01 September 2008

(A) Evidence Act, 1872, Section 105 - Penal Code, 1860, Section 84 - Unsoundness of mind - Burden of proof - Is on accused - Not so onerous as that upon the prosecution to prove criminal charge - Where during investigation previous history of insanit..

Posted in Criminal Law |    hits

UCO BANK & ANR v. RAJINDER LAL CAPOOR

 30 August 2008

..

Posted in Civil Law |    hits

Amendment of Plaint

 30 August 2008

Amendment of plaint - Introducing a certified copy of the lease deed in evidence - Declaratory suit for joint title and recovery of possession - Ancient document of 1875 relied upon by plaintiff - Appellate court ought to have granted opportunity to ..

Posted in Civil Law |    hits

Negligence - 304A IPC

 30 August 2008

Penal Code, 1860, Section 304A - Negligence - Death of deceased by electrocution - Defence of accused that to prevent wild animals from going into filed, he had put the wire - Probability of defence version is borne out from various factors - Two pol..

Posted in Criminal Law |    hits







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