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Judgments and Orders

Decree binding on subsequent purchaser

 24 January 2011

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Posted in Civil Law |   6521 hits

Rabindra Kr. Pal @ Dara Singh vs Republic Of India

 24 January 2011

In a country like ours where discrimination on the ground of caste or religion is a taboo, taking lives of persons belonging to another caste or religion is bound to have a dangerous and reactive effect on the society at large. It strikes at the very..

Posted in Constitutional Law |   2168 hits

Section 164 of the Code of Criminal Procedure, 1973

 24 January 2011

Criminal Appeal No. 1366 of 2005 is filed by Rabindra Kumar Pal @ Dara Singh against the final judgment and order dated 19.05.2005 passed by the High Court of Orissa at Cuttack in Criminal Appeal No. 239 of 2003 whereby the High Court dismissed the a..

Posted in Criminal Law |   4611 hits

Benami Transactions (Prohibition) Act, 1988

 24 January 2011

This Appeal by Special Leave raises the question as to whether the suit of the first appellant for the recovery of her house property filed prior to the Benami Transactions (Prohibition) Act, 1988 coming into force could be considered to be prohibite..

Posted in Others |   4626 hits

Land Acquisition Act, 1894

 24 January 2011

A two Judge Bench of this Court in the case of Girnar Traders v. State of Maharashtra [(2004) 8 SCC 505] had considered the question whether all the provisions of the Land Acquisition Act, 1894, (for short, the ‘Land Acquisition Act’ or the ‘Central ..

Posted in Property Law |   5248 hits

Section 116A of the Representation of People Act, 1951

 24 January 2011

This appeal, filed under Section 116A of the Representation of People Act, 1951 (“the Act” for short), is directed against judgment dated August 28, 2007, rendered by the learned Single Judge of the Gauhati High Court in Election Petition No. 4 of 20..

Posted in Others |   1775 hits

Sections 366 and 376 read with Section 109 IPC

 24 January 2011

Briefly stated the prosecution story is that PW2 (hereinafter referred to as the “victim” or “girl” according to context) is the daughter of Chinnathambi, (PW1) who is a teacher and resident of Nedupatti Village, Namakkal District, Tamil Nadu. The vi..

Posted in Criminal Law |   4078 hits

Textile Undertakings (Taking Over of Management) Act, 1983

 24 January 2011

Hall & Anderson Ltd. (hereinafter called ‘Hall’), incorporated under the Indian Companies Act, 1913, came into existence on 8.11.1946 and started primarily a departmental store business on the premises at No.31, Chowringhee Road (hereinafter called t..

Posted in Others |   2400 hits

Modification of Punishment

 21 January 2011

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Posted in Criminal Law |   3356 hits

Monica Bedi vs State Of A.P.

 21 January 2011

"To operate as a bar the second prosecution and the consequential punishment thereunder, must be for `the same offence'. The crucial requirement therefore for attracting the Article is that the offences are the same, i.e., they should be identical. I..

Posted in Constitutional Law |   3525 hits

Mathai @ Joby vs George & Anr.

 21 January 2011

"It may, however, be pointed out that this Court was never intended to be a regular court of appeal against orders made by the High Court or the sessions court or the magistrates. It was created for the purpose of laying down the law for the entire c..

Posted in Constitutional Law |   3364 hits

Lalu Prasad Yadav & Anr. ....Appellants Vs. State of Bihar & Anr. ....Respondents

 21 January 2011

"S.378. - Appeal in case of acquittal. - (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High..

Posted in Criminal Law |   2560 hits

Quash- SC ST (Prevention of Atrocities Act)

 21 January 2011

Section 3 (1)(viii)(x) and Section 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989..

Posted in Criminal Law |   12556 hits

Transfer of Criminal Case

 21 January 2011

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Posted in Criminal Law |   4128 hits

Appeal - Acquittal

 21 January 2011

Section 7 (1)(a)(ii) of the Essential Commodities Act Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transactions) Order, 1973..

Posted in Criminal Law |   3411 hits

Recruitment

 21 January 2011

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Posted in Labour & Service Law |   4728 hits

Quash - 493 IPC

 21 January 2011

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Posted in Criminal Law |   6137 hits

Indira Devi and others vs. Naresh and another

 21 January 2011

Motor accident claim - Meaning of Third party - Any party, which is not a contracting party to the policy of insurance will automatically be referred to and called as a third party because it is neither the first party (the insurer) nor the second p..

Posted in Civil Law |   2916 hits

Petition under Articles 226/227 of the Constitution

 20 January 2011

This is an appeal against the order dated 16.05.2007 of the High Court of Punjab & Haryana in C.W.P. No. 17144-CAT of 2001 holding that the respondents, who were working as Senior Dietician and Dietician under the Director Health Services, Chandigarh..

Posted in Constitutional Law |   4207 hits

Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”)

 20 January 2011

Challenge in this appeal, by special leave, is to the order dated 4th September, 2008 passed by a learned Single Judge of the High Court of Kerala in Crl. M.C. No.1977 of 2007 whereby a number of general directions have been issued to all the crimina..

Posted in Criminal Law |   6049 hits