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Judgments and Orders

K.J.S. Buttar Versus Union of India and Anr.

 07 April 2011

The appellant is an ex-captain in the Indian Army, who was commissioned on 12.1.1969. During the course of his service, the appellant suffered serious injuries of a permanent nature and was 2invalided out of service. The Release Medical Board held on..

Posted in Others |   2376 hits

Proviso to Article 311(2) of the Constitution of India

 07 April 2011

The present appeal is directed against the judgment and order dated 27.09.2010 whereby the Delhi High Court partly Page 1 of 18 allowed the writ petition filed by the respondent herein by issuing a direction to the appellants to pass a speaking order..

Posted in Others |   8361 hits

Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985

 07 April 2011

This criminal appeal has been preferred against the judgment and order dated 19.5.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1711-SB/2005, by which the High Court has affirmed the judgment and order dated..

Posted in Others |   5994 hits

Chapter IVA of the Railways Act, 1989

 07 April 2011

The first respondent filed W.P.No.14945/2010 for quashing the award dated 8.2.2010 and for a declaration that the entire acquisition proceedings stood lapsed under section 20F(2) of the Act, as the award was not made within one year from the date of ..

Posted in Others |   2524 hits

Section 151 of the Code of Civil Procedure

 07 April 2011

The appellant resisted the suit. He alleged that he was in need of Rs.150,000 and approached the respondent who was a money lender, with a request to advance him the said amount as a loan; that the respondent agreed to advance the loan but insisted t..

Posted in Civil Law |   6166 hits

Indian Council for Agricultural Research (hereinafter referred to as `ICAR')

 07 April 2011

The controversy in this appeal pertains to the promotion to the post of Principal Scientist under the "Career Advancement Scheme" formulated by the Indian Council for Agricultural Research (hereinafter referred to as `ICAR'). There are two streams fr..

Posted in Others |   3358 hits

Articles 14 and 16 of the Constitution of India

 07 April 2011

The respondent has a degree of B.A.M.S.(Bachelor of Ayurvedic Medicine and Surgery). She alleged in her writ petition filed in the High Court that she had all the requisite qualifications to be appointed as Medical Officer in the U.P. State Services...

Posted in Others |   8248 hits

Drugs (Price Control) Order, 1970 [in short, "DPCO 1970"]

 07 April 2011

The issues that arise for our consideration and decision in this appeal are :- i. Whether the Central Govt. was justified in issuing a demand based on Drug Prices fixed on 02.01.1989, instead of drug prices fixed on 20.11.1986. ii. Whether the Ce..

Posted in Others |   4398 hits

Section 45(1A) of the Prevention of Money Laundering Act, 2002

 05 April 2011

This appeal is directed against the judgment and order dated 04.08.2010 passed in Writ Petition (PIL) No.4700 of 2008 by the High Court of Jharkhand at Ranchi...

Posted in Criminal Law |   3044 hits

Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989

 05 April 2011

The appellant is the Headmistress in the Little Star School located at Gayatri Hills, Yousufguda, Hyderabad has preferred this appeal against the impugned judgment and order passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Cri..

Posted in Constitutional Law |   7368 hits

Tirumala Tirupathi Devasthanam Act, 1932 (in short `TTD Act')

 05 April 2011

This appeal by special leave is directed against the judgment of the High Court of Andhra Pradesh at Hyderabad rendered in Writ Petition No. 24124 of 2009 dated 28th April, 2010 whereby the High Court set aside the extension granted to the appellant ..

Posted in Others |   8295 hits

Arbitration and Conciliation Act, 1996

 05 April 2011

The second respondent (referred to as the `Developer') entered into a development agreement with the owners of certain lands at Bachupally village, Qutubullapur Mandal, Ranga Reddy District, for constructing independent houses and multistoried Apartm..

Posted in Corporate Law |   2732 hits

Section 29(7) of the Rajasthan Sales Tax Act, 1994

 05 April 2011

This appeal is directed against the judgment and order dated 03.05.2010 passed by the Rajasthan High Court, Jodhpur Bench, in S.B. Civil [Sales- Tax] Revision No. 74 of 2010, whereby the High Court dismissed the said Revision Petition preferred by th..

Posted in Taxation |   2810 hits

Section 302 Indian Penal Code

 05 April 2011

If ever there was a case which cried out for death penalty it is this one, but it is deeply regrettable that not only was no such penalty imposed but not 2even a charge under Section 302 IPC was framed against the accused by the Courts..

Posted in Criminal Law |   3534 hits

HC took suo motu action on basis of some information which has not been disclosed in impugned order

 05 April 2011

The High Court took suo motu action on the basis of some information which has not been disclosed in the impugned order. The cause title in the impugned judgment reads: "Court on its own motion vs. State of Maharashtra through its Secretary, Educatio..

Posted in Others |   2962 hits

Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988

 05 April 2011

This appeal is directed against the impugned judgment and order dated 12.07.2010 passed by the High Court of Kerala at Ernakulam in Criminal R.P. No. 1606 of 2010 whereby the High Court dismissed the petition filed by the appellant herein seeking dis..

Posted in Criminal Law |   5431 hits

Specific Performance

 01 April 2011

Bench: S Mukhopadhya, F M I Kalifulla..

Posted in Civil Law |   2853 hits

Section 29A of the Representation of the People Act, 1951

 28 March 2011

The common challenge in these eleven Writ Petitions and three Special Leave Petitions is to the provisions of Paragraph 6A(i) & (ii), Paragraph 6B(A)(ii), Paragraph 9(a) and (b), Paragraphs 10A, 11, 12(1)(c) and Paragraph 12(3)(a) of the Election Sym..

Posted in Others |   3741 hits

Section 302 read with Section 120-B IPC

 28 March 2011

This appeal has been preferred by the State of Madhya Pradesh against the judgment and order dated 31.3.2004 passed by the High Court of Madhya Pradesh at Jabalpur (Gwalior Bench) in Criminal Appeal No. 262 of 1997, reversing the judgment and order d..

Posted in Criminal Law |   4526 hits

Rule 57G read with Rule 57B of the Central Excise Rules 1944

 28 March 2011

The issue that falls for consideration in these appeals is whether the appellants are entitled to credit of duty paid on High Speed Diesel oil at any time during the period commencing on and from 16th March, 1995 and ending with the day of Finance Ac..

Posted in Taxation |   4909 hits