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Judgments and Orders

Vinod Seth Vs. Devinder Bajaj & Anr.

 08 July 2010

Leave granted. Heard. The validity of a novel and innovative direction by the High Court, purportedly issued to discourage frivolous and speculative litigation is under challenge in this appeal. To understand the issue, it is necessary to set out the..

Posted in Others |   2205 hits

Avinash Gaikwad & Ors. Vs. State of Maharashtra & Ors.

 08 July 2010

A property known as Pimpalwadi at CS No.370 Tatya Gharpure Marg, Girgaon Division, Mumbai, originally belonged to Sir Harkishandas Trust. The said property consisting of several Chawls, Godowns and Sheds was acquired by the State of Maharashtra under..

Posted in Others |   3131 hits

M/S. Bhanwarlal Dugar & ORS. Versus Bridhichand Pannalal & Ors.

 08 July 2010

This is a landlord’s appeal by Special Leave against the order of the High court reversing the concurrent decree of eviction from commercial premises at Guwahati in Assam. The Trial Court, the Appellate Court concurrently found that the respondent wa..

Posted in Others |   1629 hits

Rasid Javed & Ors. etc.etc. Versus State of U.P. & Anr. etc. etc.

 08 July 2010

The appellants in this appeal claim that they have been operators on Saharanpur-Karnal route (inter-State route) via Jandhera – Rampur – Gangoh – New Yamuna Bridge. In the Notification published on April 16, 1999 under Section 102(1) of the Motor Veh..

Posted in Others |   1292 hits

CHUNNI LAL VERSUS STATE OF U.P.

 08 July 2010

The First Information Report [for short ‘FIR’] was lodged by Juggi Lal [PW-1] who is allegedly an eyewitness to the occurrence and the same was lodged at 08.05.1978 at 6.30 a.m. The deceased Heera Lal was the uncle of the accused Chunni Lal inasmuch ..

Posted in Others |   1086 hits

U.P. Land Development Corporation and another Versus Mohd. Khursheed Anwar and another

 08 July 2010

This is an appeal for setting aside the order passed by the Division Bench of the Allahabad High Court which allowed the writ petition filed by the respondents and directed the appellants to pay salary to the respondents in the pay-scale of Rs.2200-4..

Posted in Others |   1258 hits

Indu Bhushan Dwivedi Versus State of Jharkhand and another

 08 July 2010

The appellant joined service as Munsif in 1982. He was promoted as Sub-Divisional Judicial Magistrate in 1996. While he was posted as Sub- Divisional Judicial Magistrate at Chaibasa, a news item appeared in `Dainik Jagran’ dated 2.7.2003 suggesting t..

Posted in Others |   1702 hits

Interpretation of sub-section (1) of section 72 of Motor Vehicles Act, 1988

 08 July 2010

These two appeals arising from order dated 27.4.2001 in MATNo.1100 of 2001 and order dated 2.4.2001 in MAT No.586 of 2001 passed by the Calcutta High Court, raise a common question relating to interpretation of sub-section (1) of section 72 of Motor ..

Posted in Civil Law |   1179 hits

Violation of Duty does not vitiate whle trial

 08 July 2010

Vitiation of Trial - Duty of Public Prosecutor - Whether non-performance of duty by a Public Prosecutor under the common and procedural laws vitiate the Trial? ..

Posted in Criminal Law |   1338 hits

Public Prosecutor should not conceal any benefit to the accused

 08 July 2010

Power and Role of Public Prosecutor in Criminal Trial - What are the powers and duties of Public Prosecutor in a Criminal Trial? ..

Posted in Criminal Law |   2676 hits

Police Diary indicates fairness of investigation

 08 July 2010

Process of identification - Necessity thereof - Whether Photo identification hit by Section 162 of the Code of Criminal Procedure, 1973? ..

Posted in Criminal Law |   1377 hits

Photoidentification of accused is not hit under section 162 Cr. PC

 08 July 2010

Process of identification - Necessity thereof - Whether Photo identification hit by Section 162 of the Code of Criminal Procedure, 1973? ..

Posted in Criminal Law |   3167 hits

Methodology of wheeling charges of electricity Discussed

 08 July 2010

Wheeling Charges - Determination of - Controversy between the parties revolved around the Methodology, criteria/formula to be applied in determining the wheeling charges in accordance with the applicable Regulations framed under the Electricity Act 2..

Posted in Civil Law |   3204 hits

Reinstatement with back wages is not justified in all Cases

 08 July 2010

Retrenchment - Section 25 F of Industrial Dispute Act,1947 - Services of Workmen engaged as as casual in Central Telegraph Office Telegraph Office, Bhopal discontinued - Reinstatement - Whether relief of reinstatement and back wages justified? ..

Posted in Labour & Service Law |   3663 hits

NANHAR & ORS. vs. STATE OF HARYANA

 08 July 2010

Kartar Singh elder brother of Vijay deceased had filed an application on 27/2/2004 before the Superintendent of Police Bhiwani, alleging therein that he is resident of village Malkosh Tehsil Charkhi Dadri, District Bhivani and has been serving Armed ..

Posted in Criminal Law |   1427 hits

IMPROVEMENT TRUST, LUDHIANA VERSUS UJAGAR SINGH & ORS.

 08 July 2010

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Posted in Others |   2016 hits

High Court not to interefere decision of Court Martial

 05 July 2010

Irregularities - Punishment - Section 122 of the Army Act, 1950 - Respondent subjected to Court martial and inflicted with punishment of forfeiture of 8 years of service for his role in irregularities in purchasing of hygiene and chemicals - Order of..

Posted in Labour & Service Law |   2097 hits

Membership of elected member cannot be cancelled due to his voting

 05 July 2010

Removal of Elected member of Gram Panchayat on alleged grounds of abuse of power and obstruction in work - Whether removal of an democratically elected member justified on the ground of opposing resolution of Gram Panchayat? ..

Posted in Civil Law |   1448 hits

Investigation is the realm of the police and not of Court

 05 July 2010

Inherent powers of High Court - Execution thereof under Section 482 of the Code of Criminal Procedure, 1973 - Whether the High Court is empowered to give directions under sec. 482 to quash proceedings against the petitioners? ..

Posted in Criminal Law |   1089 hits

No need to follow section 154 Cr. P. C. prior to invoking 156 (3)

 05 July 2010

FIR registered in pursuance to application moved under section 156(3) of the Code of Criminal Procedure, 1973 by the complainant without exhausting the procedure under section 154 Crpc - Whether order passed under section 156(3) by Chief Metropolitan..

Posted in Criminal Law |   3344 hits