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Judgments and Orders

Section 154 (1) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

 25 April 2011

The only question which arises for consideration in these appeals is whether the Board of Revenue, U.P. could hear and decide the revisions filed by the appellant after creation of the State of Uttranchal (renamed as Uttrakhand) by the Uttar Pradesh ..

Posted in Others |   10938 hits

Section 166 of the Motor Vehicles Act, 1988

 25 April 2011

On 13.08.2004 at about 6 p.m., the appellant was crossing the road carefully when a BMTC bus (bearing registration No.KA-05-B-5245) came in a rash and negligent manner and dashed against the appellant whereupon he was admitted in hospital for treatme..

Posted in Civil Law |   3161 hits

Sections 498A and 406 read with Section 34 of Indian Penal Code

 25 April 2011

The only issue for consideration in both the appeals is whether criminal proceedings initiated by the appellant herein at Gaya against her husband and his relatives are maintainable or not for lack of jurisdiction?..

Posted in Criminal Law |   6830 hits

Explanation 4(b)(i) to Section 4-A of the U.P. Trade Tax Act

 25 April 2011

This appeal is directed against the Judgment and Order dated 19.01.2010 passed by the Allahabad High Court whereby the High Court allowed the revision petition preferred by the respondent holding that values of "bottles" and "crates" are to be treate..

Posted in Taxation |   2007 hits

Article 32 of the Constitution of India

 23 April 2011

Narmada Bai-the petitioner herein, mother of Tulsiram Prajapati-the deceased, who, according to her, was killed on 27/28.12.2006 in a fake encounter by respondent Nos. 6 to 19, who are the officials of Gujarat and Rajasthan Police, somewhere on the r..

Posted in Constitutional Law |   5129 hits

Rajinder Mittal Versus A.K. Garg & Ors.

 23 April 2011

This Special Leave Petition was filed against an interim order passed by the National Consumer Disputes Redressal Commission, New Delhi (for short "National Commission") on May 18, 2004 in Revision Petition No.3183 of 2003 filed there, on behalf of t..

Posted in Others |   2030 hits

University of Jammu Versus T.S. Khan & Others

 23 April 2011

This appeal is directed against the judgment passed by a Division Bench of the Jammu & Kashmir High Court by which it has allowed the intra-court appeal filed by respondent No.1, set aside the judgment and order passed by a single Judge of the High C..

Posted in Others |   2184 hits

Various offences punishable under the Indian Penal Code, 1860 (`IPC')

 23 April 2011

Six persons - the appellants and two others - were sent up for trial, inter alia, for various offences punishable under the Indian Penal Code, 1860 (`IPC') initially to the Court of IInd Additional Sessions Judge, Ahmednagar; later on trial was trans..

Posted in Criminal Law |   3192 hits

Under section 15(2) of the Bombay Rent Act, 1947

 23 April 2011

These two appeals, though coming from separate judgments and orders passed by the Bombay High Court, arise from the same suit for eviction instituted by the landlord which figures in both the appeals as respondent no.1. The appellant in the appeal ar..

Posted in Others 1 comments |   6996 hits

Rule 46 of Bihar Pension Rules, 1950

 23 April 2011

Being aggrieved by the Judgment and Order dated 26th June, 2008 delivered in LPA No.978 of 2007 by the High Court of Judicature at Patna, this appeal has been filed by the original petitioner-appellant herein. ..

Posted in Labour & Service Law |   5080 hits

Arti Bhargava & Anr. Versus Madhur Bhargava & Ors.

 23 April 2011

The respondents filed a suit against the appellants in the year 2000 for recovery of possession of the suit premises and mesne profits. The said suit was decreed on 23.8.2003 in so far as the prayer for possession. The prayer for mesne profits was re..

Posted in Others |   1981 hits

Section 12 of the Consumer Protection Act, 1986

 23 April 2011

This is an appeal for setting aside order dated 3.8.2007 of the National Consumer Disputes Redressal Commission (for short, "the National Commission") whereby the revision preferred by the appellant against the order passed by the State Consumer Disp..

Posted in Civil Law |   5493 hits

Framed Rules in 1983 under Article 309 of the Constitution

 22 April 2011

This appeal has been filed against the impugned judgment and order dated 16.12.2005 in Civil Misc. Writ Petition No. 73843 of 2005 of the Division Bench of the Allahabad High Court...

Posted in Constitutional Law |   6425 hits

Section 2 (c) of the Contempt of Courts Act, 1971

 22 April 2011

This appeal is filed against the final judgment and order dated 29.10.2004 passed by the Division Bench of the High Court of Judicature at Madras in Contempt Petition No. 397 of 2001 whereby the High Court held the respondents therein guilty of the o..

Posted in Constitutional Law |   4097 hits

Deb Ratan Biswas and others Versus Most. Anand Moyi Devi & others

 22 April 2011

This appeal has been filed against the impugned judgment and order dated 21.5.2004 passed by learned Single Judge of the Patna High Court in Civil revision No. 945 of 2002...

Posted in Others |   2092 hits

Section 302 of the Indian Penal Code (hereinafter shall be referred as 'I.P.C.')

 22 April 2011

The perennial question whether accused deserve to be convicted under Section 302 of the Indian Penal Code (hereinafter shall be referred as 'I.P.C.') as held by the trial court and upheld by the High Court or whether the conviction should be converte..

Posted in Criminal Law |   2509 hits

Section 116A of the Representation of People Act, 1951

 22 April 2011

This appeal, under Section 116A of the Representation of People Act, 1951, is directed against judgment dated December 2, 2008, rendered by the learned Single Judge of the High Court of Judicature at Madras in Election Petition No. 2 of 2006 by which..

Posted in Constitutional Law |   2311 hits

Sections 138 and 141 of the Negotiable Instruments Act, 1881

 22 April 2011

Appellant as Complainant filed a criminal complaint before the Chief Judicial Magistrate, Gautam Budh Nagar, Noida (U.P.) on 23.7.2004, under Sections 138 and 141 of the Act. It was alleged in the said complaint that cheques bearing nos.382874 and 38..

Posted in Criminal Law |   6040 hits

Change of Advocate- Bad practice

 12 April 2011

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Posted in Civil Law 2 comments |   4752 hits

Hindu Marriage Co parcenery Property Illegitimate Child Share

 12 April 2011

Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether..

Posted in Civil Law 1 comments |   7018 hits