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Judgments and Orders

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 |   4301 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 |   2695 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 |   9105 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 |   4608 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 |   3719 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 |   5468 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 |   3370 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 |   6407 hits

Employee opting for VRS has no right to withdraw

 17 March 2011

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Posted in Labour & Service Law |   3075 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 |   4693 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 |   2501 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 |   3146 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 |   2363 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 |   2813 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 |   2754 hits

Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for r

 17 March 2011

Service - Preparation of judgments through third party - Removal from service - Legality (i) Whether High Court was justified in dispensing with enquiry while passing order recommending appellant's removal (ii) Whether order of removal ..

Posted in Constitutional Law |   3862 hits

Full Court recommended for invocation of the proviso (b) to Article 311(2) of Constitution of India

 16 March 2011

The appellant herein challenged the legality of the aforesaid order before the Jharkhand High Court by filing a writ petition contending inter alia that the High Court does not have any power to dispense with an enquiry as envisaged for the purpose o..

Posted in Others |   3569 hits

Section 239 Cr.P.C

 16 March 2011

The appellant herein submitted his application offering himself as a candidate for the post of Munsif to be recruited by the respondents for which an advertisement was also issued. Pursuant to the aforesaid application filed by the appellant, he was ..

Posted in Criminal Law |   3707 hits

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

 16 March 2011

The appellant Jagdish Rai, along with another accused Ajaib Singh is convicted under section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentenced to 10 years’ rigorous imprisonment and a fine of Rs.1 lak..

Posted in Others |   2586 hits

State of Uttar Pradesh & Ors. Versus J. P. Saraswat

 16 March 2011

The respondent, a veterinary surgeon, was in the service of the State Government of Uttar Pradesh. On December 23, 1991, he made an application for no-objection certificate for obtaining visa for going to the United States of America. The no-objectio..

Posted in Others |   2555 hits