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Judgments and Orders

Notice - Carriers Act

 28 December 2010

Section 10 requires a notice in the manner set out therein, for initiation of a proceedings against a common carrier for loss of goods or injury to goods entrusted for carriage...

Posted in Civil Law |   4167 hits

138 Ni Act wont attract

 28 December 2010

Whather 138 Attract in case : Account closed by Bank..

Posted in Criminal Law |   4296 hits

Damages

 28 December 2010

Union Of India (Uoi), Owning Southern Railway Represented By General Manager And Anr. vs Tiruchi Metal Works Represented By Its Partner R.M. Sundaram..

Posted in Civil Law |   3055 hits

Even if earlier sanction u/s. 19 of PC Act was wrong even then no fresh is required

 28 December 2010

Challenge against conviction on the ground that previous sanction to prosecute the Appellant was not legally obtained as required under Section 19 of the Prevention of Corruption Act, 1988 ..

Posted in Criminal Law |   3700 hits

machine-or-transformation test is not the sole test for determining the patent eligibility of proces

 28 December 2010

Test for determining the patent eligibility of process claims- This case returns to the present court on remand from the Supreme Court for further consideration in light of the Court's decision in Bilski v. Kappos - In the instant case District court..


Regular Employee cannt be converted to Adhoc employee without Show Cause Notice

 27 December 2010

Conversion of regular appointment to ad hoc appointment, without any show cause notice, Rules nowhere provide that the regular appointments can be converted into ad hoc appointments ..

Posted in Labour & Service Law |   3396 hits

Some Judges means Not All Judges

 27 December 2010

Refusal of Supreme Court to remove certain remarks against Allahabad High Court ..

Posted in Constitutional Law |   1491 hits

Even in case of termination of service of a probationer, prior approval is must

 27 December 2010

Termination of Probationary teachers - no departmental inquiry- Penal in nature ..

Posted in Labour & Service Law |   3954 hits

Once sanction by State authority to sanction Govt. Employee is given, the same cannot be reviewed by

 27 December 2010

Extent of power vested in the Government in reviewing its order granting or refusing sanction to prosecute the public servant in terms of Section 19 of the Prevention of Corruption Act, 1988. ..

Posted in Criminal Law |   2872 hits

Nomination of Undeserving Candidate should be Rejected at Initial Stage

 27 December 2010

Rejection of Nomination form to contest under OBC reserved category - Two different certificates were issued - Rejection originally on the ground that concerned sub-caste did not fall under OBC category ..

Posted in Civil Law |   2078 hits

Sections 306 and 498A of the IPC

 23 December 2010

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Posted in Criminal Law |   3555 hits

Section 302 of the Indian Penal Code

 23 December 2010

The prosecution in support of its case, relied primarily on the evidence of Dr. A.K. Dwivedi PW-1, who had conducted the post-mortem examination, Executive Magistrate-cum- Tahsildar Vir Bahadur Prasad PW-2, Ram Singh, Advocate, PW-5, Mujur PW-6 and D..

Posted in Criminal Law |   2707 hits

National Rural Employment Guarantee Act, 2005

 23 December 2010

The framers of the Constitution, in the Preamble to the Constitution, guaranteed to secure its citizens justice, social, economic and political as well as equality of status and opportunity but the ‘right to employment’ was not incorporated in Part I..

Posted in Others |   2753 hits

Whether MAT credit admissible in terms of Section 115JAA

 23 December 2010

The issue involved in this batch of civil appeals, by special leave, filed by the Department relates to the question whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating ..

Posted in Taxation |   2317 hits

Civil appeal, filed under Section 35(L)(b) of the Central Excise Act, 1944

 23 December 2010

Shorn of unnecessary details, the facts material for the adjudication of the present appeal may be stated as under: The respondent (hereinafter referred to as “the assessee”), a small scale industrial unit (for short “SSI”), is engaged in the manufac..

Posted in Taxation |   2426 hits

Section 302/34 of the IPC and as they pleaded not guilty, they were brought to trial

 23 December 2010

The prosecution in support of its case relied primarily on the evidence of PW1 Prem Pal, PW-5 Kalu and PW-6 Jagdish, PW-2 Dr. M.K.Goel, who had conducted the autopsy on the dead body, and of PW-7 Sub-Inspector Hari Raj Singh, the main investigating o..

Posted in Criminal Law |   2576 hits

Section Crl.Appeal No.310/2006 etc. 302 and 307 of the IPC

 23 December 2010

The prosecution in support of its case, examined three eye witnesses, Sharafat Husain PW-1, Firasat Husain PW-2 and Summeri PW-3, Dr. J.N. Bhargava, PW-4 who had examined Firasat Husain for his injuries, Dr. K.S. Tiwari, PW- 5 who had conducted the a..

Posted in Criminal Law |   1968 hits

Punjab Security of Land Tenures Act, 1953

 23 December 2010

This is an appeal against the order dated 04.03.2002 of the Division Bench of the High Court of Punjab & Haryana dismissing Civil Writ Petition No.3733 of 2002. During the pendency of this appeal respondent No.4 Ramesh Chand Girdhar died on 09.12.200..

Posted in Others |   4500 hits

Section 319 of the Cr.P.C

 23 December 2010

This judgment will dispose of Criminal Appeal Nos. 1071 of 2009, 1294 of 2009, 182-183 of 2010 and 97-98 of 2010. The facts have been taken from Criminal Appeal No.1071 of 2009...

Posted in Criminal Law |   2867 hits

Services availed or goods purchased for commercial purposes do not come under Consumer Dispute

 21 December 2010

Section 2(1)(d)(ii) of The Consumer Protection Act, 1986- Definition of Consumer ..

Posted in Constitutional Law |   4210 hits