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Lawyersclubindia Judiciary

Nand Kishore Ojha Vs. Anjani Kumar Singh

 09 September 2010

As indicated in our order dated 9th December, 2009, this Contempt Petition has a background of alleged breach of an undertaking given on 18th January, 2006 and the order passed on the basis thereof on 23rd January, 2006 in SLP(C)Nos.22882- 22888 of 2..

Posted in Others |   5525 hits

Section 80 of the Code of Civil Procedure

 09 September 2010

This appeal seeks to challenge the order passed by the High Court of Punjab and Haryana in Regular Second Appeal No.3013/2007 dated 18.9.2010 whereby the learned single judge has confirmed the judgment of the Additional District Judge and that of the..

Posted in Civil Law |   2859 hits

Punjab National Bank & Ors. Versus K.K. Verma

 09 September 2010

This appeal by the appellant Bank seeks to challenge the judgment and order dated 31.1.2008 rendered by Division Bench of the Punjab and Haryana High Court dismissing LPA No. 17 of 2008 filed by the appellant Bank with costs. The impugned judgment wa..

Posted in Others |   2049 hits

Section 173 of the Code of Criminal Procedure

 09 September 2010

An FIR was registered on 23.3.1996 on the statement of one Prakashi Devi. She stated that on the night of 22/23.3.1996, while she and her daughter-in-law Sheela Devi were sleeping in her house, around 11.30 PM, the appellant jumped over the front wal..

Posted in Criminal Law |   2606 hits

Bangalore Development Authority Act, 1976

 09 September 2010

Whether the Bangalore Development Authority Act, 1976 (for short, “the 1976 Act”) is liable to be declared void on the ground that the same was not reserved for the consideration of the President and did not receive his assent as per the requirement ..

Posted in Others |   2681 hits

Kalabharati Advertising Versus Hemant Vimalnath Narichania and Ors.

 09 September 2010

Facts and circumstances giving rise to these appeals are that the appellant who is carrying out a business of advertisement hoardings within the city of Bombay approached the Society in 2001 for grant of permission to erect a hoarding admeasuring 40’..

Posted in Others |   1972 hits

Section 25, 27, 29 and 33 of the Tamil Nadu Town & Country Planning Act, 1971

 08 September 2010

Some factual background would be necessary before we approach the controversy. The appellant is a Trust formed in the year 1924 to look after religious and secular activities of Pillayarpatti Koil situated at Pillayarpatti and for the welfare of Naga..

Posted in Others |   3181 hits

Section 302/34 IPC and Section 25 of the Arms Act

 08 September 2010

The prosecution case is that Inspector Harvinder Singh, Station House Officer, Police Station, Civil Lines, Amritsar, alongwith other officials including Balwinder Singh, ASI, Tarsem Singh, Constable, Bikram Singh, Constable, happened to be present a..

Posted in Criminal Law |   4135 hits

Sections 143, 147, 148, 341, 302 read with 149 IPC

 08 September 2010

Both the trial court and the High Court have concluded that the deceased was killed due to political vendetta. The conclusions reached by the two Courts do not seem to be without basis. The High Court has noticed that there were many political murder..

Posted in Criminal Law |   5793 hits

Section 14-D of the Delhi Rent Control Act

 08 September 2010

. This appeal is directed against the judgment and order dated 27th May 2003 passed by the Delhi High Court in Civil Revision No.754 of 2002. By the impugned judgment and order, the High Court affirmed the order of the Additional Rent Controller date..

Posted in Civil Law |   4821 hits

M/S. Pepsi Foods Ltd. & Anr vs Special Judicial Magistrate & Ors

 07 September 2010

If in a case like the present one the court find that the appellants could not invoke its jurisdiction under Article 226, the court can certainly treat the petition one under Article 227 or Section 482 of the Code...

Posted in Criminal Law |   2600 hits

Section 83 of the Wakf Act, 1995

 06 September 2010

These three appeals by special leave arise out of three different orders passed by the High Court of Andhra Pradesh whereby revision petitions filed by the appellants against the orders of A.P. Wakf Tribunal have been dismissed and the orders of evic..

Posted in Others |   3426 hits

Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975

 06 September 2010

The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (‘Debt Relief Act’ for short) enacted by the Tamil Nadu Legislature came into force with effect from 10.1.2005. Section 4 of the said Act stayed all further proceedings in applicatio..

Posted in Others |   1486 hits

DEHAL SINGH Versus STATE OF HIMACHAL PRADESH

 06 September 2010

The case unfolded by the prosecution and accepted by both the Courts i.e. trial and appellate Court is that on 18th October, 2002 at 9.20 A.M. PW.16, Brijesh Sood, Station House Officer, Police Station Sundernagar along with PW.8, Madan Lal, Assistan..

Posted in Others |   1733 hits

Section 12A of the Kerala Forest Act, 1961

 06 September 2010

This appeal relates to the scope of an appeal against an appellate order under section 12A of the Kerala Forest Act, 1961 (‘Act’ for short). The State Government issued a notification under section 4 of the Travancore Forest Regulation II of 1068 ME ..

Posted in Others |   2095 hits

Orissa Electricity Reform Act, 1995

 06 September 2010

In exercise of the power under section 14(iv) of the Act, the State Government, by notification dated 30.3.1996, issued three licences to the appellant - the Provisional Orissa Transmission Licence 1996, Provisional Orissa Supply Licence (Bulk Supply..

Posted in Civil Law |   1867 hits

Hussainbhai Allarakhbhai Dariaya & Ors. Vs. State of Gujarat & Ors.

 06 September 2010

The appellants are aggrieved by the rejection of their application seeking permission to file a second appeal. The Samast Sunni Muslim Jamat, Damnagar (6th respondent herein, for short the ‘Jamat’) represented by its Secretary filed a suit against re..

Posted in Others |   2076 hits

Nahalchand Laloochand Pvt. Ltd. Versus Panchali Co-operative Housing Society Ltd.

 06 September 2010

Few important questions of law arise in this group of appeals. It will be convenient to formulate the questions after we set out the material facts and the contentions of the parties. The narration of brief facts from S.C. Suit No. 1767 of 2004 will ..

Posted in Others |   3712 hits

Section 110A of the Motor Vehicles Act, 1939

 06 September 2010

Ganga Prasad Gupta—the deceased, the husband of the first appellant and father of second, third and fourth appellant, was killed in a motor accident on July 8, 1985. He was then aged 39 and was officiating Executive Engineer in the Irrigation Departm..

Posted in Civil Law |   4705 hits

Section 25 F of the Industrial Disputes Act, 1947

 06 September 2010

The only question to be considered in this appeal by special leave is with regard to the relief of reinstatement granted to the respondent by the Single Judge of the High Court of Karnataka in his judgment and order dated August 13, 2001 and affirmed..

Posted in Labour & Service Law |   9167 hits







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