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Judgments and Orders

Section 302 of the IPC

 30 July 2010

Saroja was the second wife of PW2, the appellant’s father and, therefore, the step mother of the appellant. PW5 was the appellant’s step sister having been born out of the marriage of PW2 and the deceased whereas PW3 was the husband of PW5. All the p..

Posted in Criminal Law |   2034 hits

Sections 302 and 307 read with Section 149 of the Indian Penal Code

 30 July 2010

As per the prosecution story Chanda PW.6 was working as a Chowkidar in the Nuna Girls High School, which was being run under the aegis of the Panchayat of the village. He had three brothers, namely, Subhash, Tej Ram and Sher Singh. Raj Singh, the fat..

Posted in Criminal Law |   1831 hits

Section 151 of the Civil Procedure Code (hereinafter called ‘CPC’ for short)

 30 July 2010

According to the appellants/defendants, this application was moved within 30 days from the date of their knowledge of ex-parte decree. The appellants/defendants had pointed out that there was a compromise effected on 10.12.1983, which was an out-of- ..

Posted in Civil Law |   8852 hits

FIR under Section 376/34 IPC

 30 July 2010

Facts and circumstances giving rise to this appeal are that on 6.12.1988, an FIR under Section 376/34 IPC was registered against the appellant and six others at Police Station Katni, District Jabalpur, on the information of one Asha @ Gopi that she h..

Posted in Criminal Law |   5273 hits

Ittianam & Others Versus Cherichi alias Padmini

 30 July 2010

The material facts on which there is not much dispute are that the testator Ippuru’s first wife Kunhiri died, leaving behind daughter Molutty and son Vareed who died on 8.1.86. The wife and children of Vareed, since deceased, are the plaintiffs. The ..

Posted in Others |   1313 hits

Manoj Kumar Vs. Govt. of NCT of Delhi & Ors.

 30 July 2010

The appellant claims that his date of birth is 8.9.1988. He passed the matriculation examination in the year 2004. The matriculation certificate dated 12.5.2004 issued by the Haryana Board of School Education showed his date of birth as 8.11.1989 the..

Posted in Others |   2480 hits

Section 34 of the Arbitration and Conciliation Act, 1996

 30 July 2010

A petition under section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) was filed by the appellant on 11.3.2008, challenging the arbitral award. The petition was accompanied by an application under sub-section (3) of section 34 of..

Posted in Corporate Law |   5483 hits

Section 89 of the Code of Civil Procedure (‘Code’ for short)

 30 July 2010

The first respondent filed a suit against the appellants for recovery of Rs.210,70,881 from the appellants and their assets and/or the amounts due to the appellants from the employer, with interest at 18% per annum. In the said suit an order of attac..

Posted in Civil Law |   7978 hits

Domestic Violence Act, 2005

 30 July 2010

Domestic Violence Act, 2005..

Posted in Criminal Law |   3748 hits

Madhya Pradesh Town Improvement Trust Act, 1960

 29 July 2010

The appellant’s land comprised in Khasra Nos. 48 to 53, 60 to 63 and 65 to 67 measuring 16.04 Bighas situated in Keshobaagh, Gwalior was acquired for execution of the residential scheme framed by the respondent. The appellant was offered a sum of Rs...

Posted in Others |   5134 hits

Sections 302 and 307 of the Indian Penal Code, 1860

 29 July 2010

Facts and circumstances giving rise to this appeal are that one Sujit Mondal, PW-1, lodged an Ejahar with Raninagar Police Station on 6.12.1999 stating that his father Bipin Kumar Mondal, appellant herein, came to their house at about midnight on 5.1..

Posted in Criminal Law |   2264 hits

RAJU DASS, DIR. OF M/S.AWARD EXPORTS P.LTD. VERSUS DEEPAK LOOMBA & ANR.

 29 July 2010

Learned counsel for the respondent-contemnor has placed on record a letter stating therein that the bank guarantee has been filed before the Registrar, Original Side of the Calcutta High Court on 28th May, 2010 and the same has been duly acknowledged..

Posted in Criminal Law |   1257 hits

Shalini Shyam Shetty and another Versus Rajendra Shankar Patil

 29 July 2010

The facts of the case are that the respondent/plaintiff filed a suit for eviction on the grounds of breach of terms of tenancy, damage to the property as well as causing nuisance and annoyance to the plaintiff and the other occupants. As per the plai..

Posted in Others |   2391 hits

NATIONAL LEATHER CLOTH MANUFACTURING CO. VERSUS UNION OF INDIA & ANR

 29 July 2010

This appeal, by special leave, is directed against the judgment and order dated 10th July 2002, passed by the High Court of Judicature at Bombay, whereby the High Court has dismissed the writ petition filed by the appellant (for short “the assessee”)..

Posted in Others |   2875 hits

PODYAMI SUKADA Versus STATE OF M.P (NOW CHHATISGAR)

 29 July 2010

According to the prosecution, on 9th December, 1999 Madvi Pali, went to the house of Madvi Mase to borrow money and when she reached there, she found her dead. She informed PW.1, Madvi Rama about the incident. Madvi Rama went to the house of Madvi Ma..

Posted in Others |   1195 hits

D.A.V. Boys Sr. Sec. School Etc.Etc. Versus DAV College Managing Committee

 29 July 2010

The petitioners in Transfer Petition (Civil) Nos. 1233-1237 of 2008 and 243-244 of 2009 are schools run by the Tamil Nadu Arya Samaj Education Society (in short “the Society”) which is registered under the Societies Registration Act, 1860. According ..

Posted in Others |   1619 hits

Land Acquisition Act, 1894

 29 July 2010

According to the appellants, they are owners of the land in question measuring 848.66 sq.m., Nandh No. 2190/P, Ward No.4 of Surat City. The State of Gujarat initiated acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred ..

Posted in Property Law |   2226 hits

State of Madhya Pradesh Versus Nerbudda Valley Refrigerated Products Company Pvt. Ltd & Ors.

 29 July 2010

Being aggrieved by the final order dated 26.09.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 5469 of 2008 setting aside the order dated 15.04.2008 passed by the Nazul Officer rejecting the application moved by the R..

Posted in Others |   1802 hits

Section 166 of the Motor Vehicles Act, 1988

 29 July 2010

Smt. Renu Agrawal (wife of appellant No.1 – Arun Kumar Agrawal and mother of appellant No.2 – Suwarna Agrawal) died in a road accident when the car driven by appellant No.1 was hit by truck bearing No.UGK- 489 in village Pachkora, District Hardoi, U...

Posted in Civil Law |   7219 hits

Rule 16, Code of Civil Procedure

 29 July 2010

. I have had the benefit of the opinion expressed by my brother. Since the facts in this appeal have been meticulously put in that judgment, I need not restate them. It is held in that judgment that the order passed by the Learned Single Judge deleti..

Posted in Civil Law |   1165 hits