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Judgments and Orders

As per Sec 12 Prevention of Corruption Act 1988 delays due to the system cannot taken as advantage to the person served just desert long ago

 02 December 2011

This appeal is directed against the conviction of the appellant, an Assistant Collector of Central Excise, for offence punishable under Section 12(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, _ the PC Act, 1988_ ) and..

Posted in Criminal Law |   3997 hits

In a qualifying exam candidates scoring higher marks should be given first preference

 02 December 2011

This petition arises from the order passed by the Maharashtra Administrative Tribunal (the Tribunal for short) on 22/8/2011 thereby dismissing O.A. No. 569 of 2011 filed by the petitioner. The Tribunal has accepted the contentions of the Presenting O..

Posted in Civil Law |   2227 hits

Furnishing incorrect certification about eligibility for the vacancy may cause termination of Service

 01 December 2011

. The respondent no.1 was on 16th August, 2008 appointed to the post of Senior Theatre Technician, a Group-C non-gazetted post, on temporary basis and as per the terms of appointment was to be on probation for a period of two years and which period w..

Posted in Civil Law |   2107 hits

Interest on compensation of Case filed under Sec 115 of Code of Civil Procedure can be recovered by the Insurance Company from the owner of the vehicle involved

 01 December 2011

This revision petition has been filed under Section 115 of the Code of Civil Procedure by the petitioner against the order dated 25th August, 2005 passed in execution case no. 30 of 2004 arising out of the award dated 13th July, 2004 passed by the Mo..

Posted in Civil Law |   2348 hits

Application of Order XVIII Rule 4 of code of Trade Mark is depend on case to case basis

 01 December 2011

. M/s. M.S.S. Food Products—respondent (hereinafter referred to as ‘plaintiff’) sued the appellants—(i) Dhariwal Industries Ltd. and (ii) Rasiklal Manikchand Dhariwal (hereinafter referred to as 1 ‘defendants’) in the court of 1st Additional Distric..

Posted in Civil Law |   1590 hits

Under Sec 11(4) and (6) of the Arbitration and Conciliation Act 1996 SC have the power to appoint arbitrator to settle the disputes between the parties

 01 December 2011

The petitioner makes a reference to various requests made by the respondent for supply of cars in terms of MOU on 22nd April, 2008; 24th August, 2008; and 1st April, 2009. The petitioner further claims that sometime in September 2009, disputes arose ..

Posted in Civil Law |   1997 hits

Intention to kill is need to present for the application of Sec 302 of IPC otherwise treated offence under sec 304 of IPC

 30 November 2011

A2 to A5 are the sons of A1. PW-1 Pandurangan is the younger brother of deceased Ranganathan, who was a former Member of Legislative Assembly. He was a member of ADMK political party. He used to, inter alia, run a rice mill. A1 to A5 were residing at..

Posted in Criminal Law |   2238 hits

A O must give evidence that assessee received amount more than he disclosed for the application of Sec 260A of IT Act 1961

 30 November 2011

This is an appeal under Section 260A of the Income Tax Act, 1961 (for short, “the ct”) against the order dated 25.4.2008 passed by learned Income Tax Appellate Tribunal (“the Tribunal” for short) in Appeal No.1056/DEL/2006 for the assessment year 20..

Posted in Taxation |   1706 hits

Rendering service in temporary post more than 240 days in calendar year is sufficient to treat badli for absorption

 30 November 2011

The petitioner herein was inducted into the service of the State Bank of Mysore (hereinafter referred to as, the Bank) as a temporary Sub-Staff in 1985. He was intermittently taken into employment based on the need for such staff. During the year 199..

Posted in Civil Law |   2360 hits

As per section 3 of Cow Slaughter Act 1955 no person shall slaughter or caused to be slaughter any cow in any place of Punjab

 30 November 2011

The facts and circumstances, which are relevant, are as under: a)According to the prosecution, on 01.01.1996 Head Constable Satyabir/p.w.-3 (hereinafter “the Investigating Officer”) received a secret information that the accused persons were sla..

Posted in Criminal Law |   3768 hits

Violation of Direction issued by Director General is caused to penalty under section 43 of CCI Act 2002

 30 November 2011

Write Petition No 19760/2011 & Write Petition No 20485-89/2011 are filed under Article 226 & 227 of the constitution of India, praying to quash the notice dated 23.05.2011issued by the 2nd Respondent vide D, D1, D2, D3, D4 and D5 dated 15.03.2011an..

Posted in Corporate Law |   1940 hits

Candidates of SC and ST declared successful in departmental exam on relaxed standard cannot be allowed to compete with General candidates

 26 November 2011

This W.P filed prayed to quash the Impugned Order of CAT Dated 17th August 2005 at Annexure F and dated 24.10.2005 at Annexure Gin so far as petitioner is concerned and direction to Respondent 1 to 4 not to disturbed the 11 SC category officers who w..

Posted in Others |   2254 hits

In Insurance claim made under section 163A the claimants have neither to plead nor to establish negligence

 25 November 2011

Shijo, aged 27 years, was riding a motorcycle bearing registration no.KL-8J-6528, on 3.3.1999 on the Wadakkanchery-Kunnamkulam Road. George K., also aged 27 years, was pillion-riding with Shijo. While giving way to a bus coming from the opposite side..

Posted in Civil Law 1 comments |   2057 hits

Award patently in violation of statutory provisions cannot be said to be in public interest

 25 November 2011

The facts in brief are that in August, 1999, the appellant invited tenders for supply of fresh fruits for its troops for the period from 01.10.1999 to 30.09.2000 and respondent No.2 amongst others submitted tenders and the tender of respondent No.2 w..

Posted in Civil Law |   1754 hits

Dismissal of previous complaint is not to be treated as bar to file second Complaint

 25 November 2011

A. A dacoity was committed in the house of present appellant Shiv shankar Singh and his brother Kameshwar Singh on 6.12.2004 wherein Gopal Singh son of Kameshwar Singh was killed by the dacoits and lots of valuable properties were looted. The police ..

Posted in Criminal Law |   3907 hits

As per Sec 20(3) of the Army Act 1950 an officer having power not less than Brigade may dismissed or remove any person worked under his command

 25 November 2011

The facts very briefly are that the appellant was enrolled in the Army on 28.01.1963. As per the terms of his enrolment, he was to put in not less than ten years in Army Service and if required, a further period in Reserve Service which would be suff..

Posted in Civil Law |   3362 hits

If the suit not filed in the Court define u/s 2(4) of B.P.T Act 1950 than Sec 50 and 51 will not be attracted

 24 November 2011

The facts are not in dispute and are very brief. The Respondents filed RCS No.1002 of 1998 against the Appellants in the Civil Court at Pune for permanent injunction from disturbing the possession of the Plaintiffs Trustees over the suit property. Th..

Posted in Property Law |   6107 hits

Proceeding under Section 145 does not Purports to decide right, title and interest of the parties to the disputes

 24 November 2011

The case of the petitioner is that on the basis of police report a proceeding under Section 144 Cr.P.C. was initiated against the petitioner 1st party and opposite party no. 2 to 6 along with the father of opposite party no. 7 as second party. The di..

Posted in Property Law |   3829 hits

In termination of contract illegally party can only claim damages not for interim relief

 24 November 2011

The relevant facts are that in terms of the VOC dated 26th November 2010 the Petitioner was to provide range of services at three locations i.e., The Hague, Amsterdam and Rotterdam. These included distribution of visa/OCI card/PIO card/passport appli..

Posted in Corporate Law |   4720 hits

Principles of res judicata applies also as between two stages in the same litigation

 24 November 2011

Shorn of unnecessary details, a few facts which are necessary to be cited for the adjudication of the above Petition can be stated thus: The Respondent No.1 is the original Plaintiff and the Petitioners herein are the original Defendants. The Respond..

Posted in Property Law 1 comments |   3829 hits







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