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Judgments and Orders

Section 166 of the Motor Vehicles Act, 1988

 04 October 2010

Arvind Kumar Mishra – appellant – a student of engineering final year at Birla Institute of Technology, Mesra (B.I.T.) at the time of accident was seriously injured as a result of a truck bearing registration No. DEG 3291 being negligently driven on ..

Posted in Civil Law |   5120 hits

K. Manorama Versus Union of India rep. by Genl. Manager Southern Railway & Ors.

 04 October 2010

Short facts leading to this appeal are as follows:- At the relevant time in November 1994, the appellant was working as a Chief Law Assistant which was a Group-‘C’ post in the Southern Railways. The post higher to this post is that of the Assistant L..

Posted in Others |   2317 hits

Section 80 of the Code of Civil Procedure (CPC)

 04 October 2010

These appeals are directed against judgments dated 21.4.1997 and 20.5.1998 of the learned Single Judges of the Himachal Pradesh High Court whereby they allowed the second appeals preferred by the plaintiffs respondents (hereinafter referred to as ‘th..

Posted in Civil Law |   5541 hits

Arbitration Act, 1940

 04 October 2010

The arbitrator made an award dated 6.7.1991 allowing claims 1 to 8, 11 and 12 (Note: claims 1,2 and 5 were allowed only in part) and disallowing claims 9, 13 to 20 of the respondent. The arbitrator also granted interest from 10.3.1989 to 6.1.1990 and..

Posted in Others |   1771 hits

Sections 302 and 307 of the Indian Penal Code, 1860

 30 September 2010

The facts and circumstances giving rise to this case are that an FIR was lodged on 27.4.2000 at 6.40 P.M. with Police Station, Rudrapur, by complainant Ajit Singh (PW.1) alleging that his grand father Hardayal Singh had given certain shares in his im..

Posted in Criminal Law |   3544 hits

Mahender Singh Versus Union of India

 30 September 2010

According to the appellant, he is a freedom fighter, who sacrificed his studies in the freedom struggle and had taken active part in the 1942 agitation and was forced to remain an absconder for more than four years i.e. from 20.08.1942 till September..

Posted in Others |   1573 hits

Sections 148, 302, 323, 324, 325 read with Section 34 Indian Penal Code

 30 September 2010

These appeals are directed against the common judgment and final order dated 01.05.2001 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 647 and 657 of 2000 and Criminal Revision Petition No. 475 of 2000 whereby the ..

Posted in Criminal Law |   8871 hits

Section 3(2) of the National Security Act, 1980

 30 September 2010

Individual liberty is a cherished right, one of the most valuable Fundamental Rights guaranteed by the Constitution to the citizens of this Country. On “liberty”, William Shakespeare, the great play writer, has observed that “a man is master of his l..

Posted in Criminal Law |   2791 hits

Section 482 of the Code of Criminal Procedure, 1973

 28 September 2010

These appeals, by special leave, arise out of the judgment and order dated 28th February 2007, delivered by the High Court of Calcutta in CRR No.2898 of 2004 in a common petition filed by the two appellants herein and one Mr. A.K. Mukherjee, who is n..

Posted in Criminal Law |  1 comments |   3334 hits

Section 35(L)(b) of the Central Excise Act, 1944

 28 September 2010

Challenge in this batch of appeals filed by the revenue under Section 35(L)(b) of the Central Excise Act, 1944 (for short “the Act”) is to the orders passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone (for short “the Tribuna..

Posted in Taxation |   2330 hits

Section 7B of the Indian Telegraph Act, 1885

 28 September 2010

The respondent was the subscriber of telephone bearing No.40193, in Anand Town installed at the residence of its Managing Director (for convenience we will also refer to the Managing Director as the ‘subscriber’). The bi-monthly bills in regard to th..

Posted in Others |   3179 hits

Mumbai International Airport Pvt Ltd. Versus M/S Golden Chariot Airport And Another

 28 September 2010

We have heard learned counsel for the parties on the prayer of Shri Divan and are of the view that it will in the interest of justice if time is allowed to respondent no.1 - M/s. Golden Chariot Airport till 31st October, 2010 to vacate the site and h..

Posted in Others |   3084 hits

Article 227 of the Constitution of India

 28 September 2010

In this special leave petition, the petitioners have challenged the judgment of the Delhi High Court in a Writ petition under Article 227 of the Constitution of India, CM (M) No.516 of 2007, dated 23rd March, 2009, whereby the High Court has quashed ..

Posted in Constitutional Law |   7805 hits

Death Sentence Justified in Rarest Among Rare Cases

 27 September 2010

Award of death sentence - Offence committed punishable under Sections 302, 307 and 436 of Indian Penal Code, 1860 - Order of conviction based on dying declaration and other substantive evidence - Sustainability thereof under challenge - Whether insta..

Posted in Criminal Law |   2753 hits

Benefits under Section 23 (1A) of the Land Acquisition Act, 1894 is Available to landlords

 27 September 2010

Land Acquisition - Enhancement of Compensation - Benefits under Section 23 (1A) of the Land Acquisition Act, 1894 - Entitlement thereto ..

Posted in Property Law |   3754 hits

Maternalfather of a Minor can also get Custody of

 27 September 2010

Appointment of Guardian - Custody of a minor child - Whether custody of the minor to be entrusted with the maternal grandfather as ordered by the District Court or with the father as directed by the High Court? ..

Posted in Family Law |  1 comments |   2670 hits

Good case on exemption could still be claimed under Section 5(3) of the Central Sales Tax Act

 27 September 2010

Exemption - Assessee supplier of Bus bodies sought exemption under Section 5 of the Central Sales Tax Act, 1956 - Whether an Assessee (local manufacturer) was eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act i..

Posted in Taxation |   2678 hits

Ad-hoc service shall not be counted iwhile Regularisation

 27 September 2010

Regularisation - Consideration of ad-hoc period - Entitlement thereto ..

Posted in Labour & Service Law |   4372 hits

Cmpetition Commission cannot order for Investigation

 27 September 2010

Unfair Trade Practice - Use of Dominant Position in market to gain agreement - Deprivation of fair competition thereof - Challenge against thereto - Sections 26, 57 of Competition Act, 2002, - Competition Commission of India (General) Regulations, 20..

Posted in Corporate Law |   2281 hits

MOTOR VEHICLES ACT, 1939--Section 92 -- A -- Injury arising out of use of vehicle -- Meaning of

 27 September 2010

MOTOR VEHICLES ACT, 1939--Section 92 -- A -- Injury arising out of use of vehicle -- Meaning of ..

Posted in Civil Law |   6284 hits