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Judgments and Orders

State of Uttaranchal Versus Sandeep Kumar Singh & Ors.

 11 October 2010

Respondents applied for post of Assistant Professor in different departments as scheduled caste reserved category candidates. In support of their caste, certificates issued by the States of U.P, Bihar and Tripura were produced. Respondents were succe..

Posted in Constitutional Law |   2527 hits

Section 16 of the Foreign Exchange Management Act, 1999

 09 October 2010

The central question of law arising on the appeal before this Court is whether a notice served with show cause 1 notice under Rule 4(1) of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (hereinafter referred to as ‘..

Posted in Others |   3454 hits

S. Chandramohan Nair Versus George Joseph and others

 09 October 2010

This appeal is directed against order dated 20.11.2009 passed by the Division Bench of Kerala High Court whereby it allowed the writ petition filed by respondent No.1 and quashed the appointment of the appellant as member of the Kerala State Consumer..

Posted in Others |   1784 hits

Section 28A(3) of the Land Acquisition Act, 1894

 09 October 2010

The only question which arises for consideration in this appeal filed against the judgment of the Division Bench of Andhra Pradesh High Court is whether the application filed by the appellant under Section 28A(3) of the Land Acquisition Act, 1894 (fo..

Posted in Property Law |   8155 hits

Urban Land (Ceiling and Regulation) Act 1976, and Clearance Certificate u/s 230A of the IT Act 1961

 09 October 2010

The appellant Man Kaur was the owner of the suit property, a plot admeasuring 1000 sq.yards with the building thereon, identified as ‘Annexe No 508’ situated in Sector-18B, Chandigarh. The respondent-plaintiff was, at all the relevant points of time,..

Posted in Others |   4057 hits

Section 308 of the Code of Criminal Procedure, 1973

 09 October 2010

. The aforesaid question arises in this way. A certain Pradeep Jain (builder) was allegedly eliminated by hired gangsters on March 7, 1995 and his brother Sunil Jain was attempted to be killed on that day for not succumbing to the pressure of parting..

Posted in Criminal Law |   4158 hits

Section 302 of the Indian Penal Code

 09 October 2010

The deceased, Priyadarshini Mattoo, was residing with her parents at B-10/7098, Vasant Kunj, New Delhi and was a student of the LL.B. course at the University of Delhi Campus Law Centre, and had at the relevant time completed the 5th Semester and was..

Posted in Criminal Law |   1874 hits

Cognizance of offence under SC/ST Act by special court can be taken only after committal by mag.

 08 October 2010

Cognizance of offence under SC/ST Act directly by special court without case being committal to it by magistrate is illegal...

Posted in Criminal Law |   5631 hits

Islamic Divorce in Civil law Jurisdiction-

 08 October 2010

Court (Justice Karunakaran) Held: (1) Islam not at all oppresses women in any manner whatsoever; nor does it grant license to any man for that matter - let alone a husband - to discriminate, exploit, mistreat or ill-treat any woman either in one’s fa..

Posted in Family Law |   4415 hits

Section 498-A and 306 of the Indian Penal Code

 08 October 2010

The Petitioner, his father, Dhanaram, and mother, Lachhavantin, were tried and convicted for the offence punishable under Section 498-A and 306 of the Indian Penal Code (IPC) and sentenced to undergo Rigorous Imprisonment for 3 years and 5 years, res..

Posted in Criminal Law |   9205 hits

Section 14A(1) of the Telecom Regulatory Authority of India Act, 1997

 08 October 2010

The appellant-Shyam Telelink Ltd. was granted a licence under the Indian Telecom Act, 1885 on 4th March, 1998 for providing basic telecom services in Rajasthan Circle. A licence agreement was executed between the parties that, inter alia, required th..

Posted in Others |   2229 hits

all excisable goods produced or manufactured in India are exigible to duty of Excise

 08 October 2010

Assessment of Excise Duty - Sale of Shrimps and Shrimps seeds without requisite permission - Section 35(L)(b) of the Central Excise Act, 1944 - Whether sale by the Assessee without requisite Permission from the Development Commissioner, are to be as..

Posted in Taxation |   2315 hits

Lower Rank of Arbitrator cannot be a ground to reject is verdict

 08 October 2010

Arbitral Award - Invalidation of Award passed by Arbitrator of low rank - Scope and interference of Court thereof - Whether Rank of Arbitrator can be a ground to invalidate the Award? ..

Posted in Corporate Law |   1527 hits

Breach of terms of contract cannot be termed as breach of trust

 08 October 2010

Discharge from Service - Voluntary Suppression Scheme - Sections 420 and 406 of Indian Penal Code, 1860 (IPC) - Whether the allegations in the complaint make out a case of criminal breach of trust, as defined in Section 405 of the IPC against the App..

Posted in Criminal Law |   2277 hits

Section 18 of the Telecom Regulatory Authority of India Act, 1997

 08 October 2010

The appellant-company holds a licence to provide cellular mobile telephone services for Delhi Metro area. The Licence Agreement executed between the appellant on the one hand and the Government of India on the other, inter alia, provided for payment ..

Posted in Others |   1542 hits

Section 20 of the Prevention of Corruption Act, 1988

 08 October 2010

PW-1 Sudarshan and PW-2 Bhargave, two brothers, were running the Varsha Provision Store, Bijapur situated near the Government Maternity Hospital since the year 1989 after having obtained a license in the name of PW-2. The accusedappellant Narayana wh..

Posted in Criminal Law |   3813 hits

Section 1 of the Indian Police Act 1861

 08 October 2010

The respondents herein were serving in various districts in the State of Haryana as Constables, Head Constables, Exemptee Head Constables, Assistant Sub-Inspectors and Sub-Inspectors (hereinafter in short as ASI and SI, respectively). They were order..

Posted in Civil Law |   3026 hits

Bimla Devi Versus State Of Himachal Pradesh & ORS.

 04 October 2010

Being aggrieved by her non-selection, the appellant filed an application (OA No.2406 of 1999) before the Himachal Pradesh Administrative Tribunal challenging her non-selection. The appellant contended that the fourth respondent was ineligible for the..

Posted in Others |   2698 hits

Section 23(1) of the Land Acquisition Act

 04 October 2010

These two appeals by special leave raise common questions of law and shall stand disposed of by this common judgment. The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps. Nos..

Posted in Property Law |   3393 hits

Union of India and others Versus Narinderjit Singh Sidhu

 04 October 2010

The respondent was commissioned in the Indian Army in the Regiment of Artillery on June 23, 1968 in the rank of Second Lieutenant. After grant of Commission, the seniority of the respondent was re-fixed with effect from August 21, 1969. Thus, for the..

Posted in Others |   1615 hits