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Judgments and Orders

Sections of the Indian Penal Code (in short `the IPC'), the Code of Criminal Procedure, 1973

 28 March 2011

These appeals are filed against the common final judgment and order dated 23.07.2008 passed by the Division Bench of the High Court of Bombay in Criminal Appeal Nos. 476, 603 and 681 of 2006 whereby the High Court allowed the appeals and reversed the..

Posted in Criminal Law |   4036 hits

Section 302/34 and 201 of the Indian Penal Code

 28 March 2011

Deceased Laxmibai was married to the appellant about three years prior to the occurrence. She was residing with the appellant and his parents. In the early hours of 26th June, 1984, her dead body was found in a well close to their residence. A report..

Posted in Criminal Law |   4354 hits

Sales tax at the rate of 10% and not 16%

 28 March 2011

In appeals arising out of SLP (C) Nos. 11358 of 2008 and 15883 of 2008 the issue which falls for our consideration is as to whether Jaljira which is a product manufactured by the respondent herein is only an appetizer and is not a masala and therefor..

Posted in Taxation |   2170 hits

FIR 362 under Section 325/34 IPC

 28 March 2011

Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment of the High Court of Delhi dated 31.07.2006. The facts have been given in the impugned judgment and hence we are not repeating the same here, except where..

Posted in Criminal Law |   5339 hits

Sections 120B, 392, 333 and 411 IPC

 28 March 2011

It is the case of the prosecution that Santosh Kumar Jaiswal (A1) had fired 2 bullets from his service revolver, Neeraj Kumar, SI (A4) fired 2 bullets from his revolver; Chandra Mohan Singh Rawat (A6) fired 6 bullets from his pistol; Gopal Dutt Bhatt..

Posted in Criminal Law |   3740 hits

Section 120B, 364, 302, 201 IPC

 28 March 2011

In all the appeals, the original complainant has challenged the separate orders passed by the High Court of Uttarakhand at Nainital in Bail Application No.70 of 2010 in SLP(Crl.)No.3520 of 2010, Bail Application No.73 of 2010 in SLP(Crl.)No.3573 of 2..

Posted in Criminal Law |   4308 hits

Judgment of the Delhi High Court in CIT Vs. Mandalay Investment Pvt. Ltd.

 28 March 2011

During the assessment year 1997-98 the assessee received `50,00,000/- (Rupees Fifty Lakhs only) from Ranbaxy as non-competition fee. The said amount was paid by Ranbaxy under an agreement dated 31.3.1997. Assessee is a part of Gufic Group. Assessee a..

Posted in Taxation |   2700 hits

Rule 27(c) of the Kerala State and Subordinate Services Rules, 1959

 28 March 2011

Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment/order of the Full Bench of the High Court of Kerala at Ernakulam dated 24th May, 2006 passed in Writ Appeal No. 1774 of 2003. By that judgment the writ ap..

Posted in Others |   9150 hits

Article 320(3)(c) of the Constitution of India

 28 March 2011

This Appeal has been filed against the impugned judgment and order dated 25th April, 2005 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.7201 of 2005. It appears that the respondent had been charge sheeted for absenc..

Posted in Constitutional Law |   4614 hits

Section 29 of the State Financial Corporations Act, 1951

 21 March 2011

The Kerala Financial Corporation (in short "the KFC"), a Public Sector Undertaking, is a State Financial Corporation. On 24.10.1977, a loan of Rs.50 lakhs was sanctioned by the KFC to a firm called Cable India (hereinafter referred to as "the Firm") ..

Posted in Others |   3725 hits

Contempt of Court Act, 1971

 21 March 2011

. These two appeals have been filed against the judgment and order passed by the High Court of Karnataka at Bangalore in CCC(Crl.) Nos. 7 and 12 of 2002 dated 18.8.2004 by which the appellant has been convicted for committing criminal contempt of cou..

Posted in Constitutional Law |   5472 hits

Delhi Development Authority Vs. Ram Prakash

 21 March 2011

The respondent herein, along with his mother and wife, purchased a property in No.7, Community Center, East of Kailash, New Delhi, in an open auction conducted by the DDA on 10.8.1969. Possession of the plot was made over to the purchasers on 5th Mar..

Posted in Others |   3371 hits

Construction Workers' Welfare Cess Act, 1996

 21 March 2011

The petitioner has impleaded the Union of India and all the 36 States/Union Territories as party-respondents to the present petition. This Court, vide its order dated 28th July, 2006 issued notice to all the respondents. Some of the States and the Un..

Posted in Others |   6415 hits

Employee opting for VRS has no right to withdraw

 17 March 2011

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Posted in Labour & Service Law |   3086 hits

A citizen has a right to safeguard the privacy

 17 March 2011

1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be reported in the Digest? YES ..

Posted in Constitutional Law |   4700 hits

Only Caretaker has a Right to move Petition for Right to Die

 17 March 2011

(1) Euthanasia - Right to die - Legality - In 1973, petitioner, staff nurse at King Edward Memorial Hospital (KEM hospital), was sexually assaulted and choked, leaving her blind, deaf, paralysed and in a vegetative state - In 1999, 'X' as petitioner'..

Posted in Constitutional Law |   2510 hits

Procedure to be adopted by the High Court when Euthanasia application is filed

 17 March 2011

Human Rights -- Procedure to be adopted by the High Court when Euthanasia application is filed - Which provision of law provided thar the court can grant approval for withdrawing life support to an incompetent person ..

Posted in Constitutional Law |   3151 hits

Legality of Life Support in the light of Indian context

 17 March 2011

Human Rights - Passive Euthanasia and Active Euthanasia - Legality..

Posted in Constitutional Law |   2368 hits

Vigilance Commission should be totally impartial

 17 March 2011

Validity of Appointment - High Powered Committee (HPC), duly constituted under proviso to Section 4(1) of Central Vigilance Commission Act 2003 recommended name of 2nd respondent for appointment to post of Central Vigilance Commissioner (CVC) - Petit..

Posted in Constitutional Law |   2818 hits

notings in departmental files did not have sanction of law creating a legally enforceable right

 17 March 2011

Entitlement to Regularization - Appellant organization employed casual workers for discharging various works in its organization - Respondent Union of casual workers demanded regularization of their service - Single Judge, in respondent's writ petiti..

Posted in Labour & Service Law |   2759 hits