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Judgments and Orders

High Court Judges (Conditions of service)

 10 June 2010

The appellant entered the Kerala Higher Judicial Service as a directly recruited District & Sessions Judge and was later elevated as a Judge of the Kerala High Court - He retired with 23 years of pension able service which included 8 years of servic..

Posted in Constitutional Law |   3412 hits

Jurisdiction of Superior Courts

 10 June 2010

Jurisdiction - extent of Superior Courts' jurisdiction to dismiss a writ petition for alleged suppression of material fact is involved in this appeal - a writ remedy is an equitable one. A person approaching a superior court must come with a pair of ..

Posted in Constitutional Law |   1879 hits

Bail in Narcotic's

 10 June 2010

sections 37 and 67 - notice under - appellant a highly qualified individual set 2 Companies - filed application for bail the High Court which was dismissed on the ground that a prima facie case under section 24 and 29 made out..

Posted in Criminal Law |   2854 hits

Service of a Judicial Officer

 10 June 2010

Services - termination of judicial officer - on the basis of report of enquiry officer appointed to enquire into the charges levelled - the disciplinary committee of the High Court opined that a departmental proceeding should be initiated against hi..

Posted in Constitutional Law |   3209 hits

Rape

 10 June 2010

Indian Penal Code, 1860 - section 376 - acquittal under - appeal against - The High Court observed that there was possibility of two years variation and therefore it was to be taken that the victims were more than 16 years of age. The High Court acc..

Posted in Criminal Law |   1963 hits

Rejection of Plaint

 10 June 2010

whether the defendants/ respondents herein made out a case for rejection of the plaint under Order VII Rule 11(d) of the C.P.C. ..

Posted in Civil Law |   6113 hits

Stamp Duty

 08 June 2010

Indian Stamp Act - stamp duty - deficiency - where the deficiency of stamp duty is noticed from the copy of any instrument, the Collector may call for the original document for inspection, and on failure to produce the original instrument could presu..

Posted in Constitutional Law |   3961 hits

FIR

 08 June 2010

whether the second First Information Report can be treated to be the First Information Report in relation to the incident and in any event any reliance can be placed thereupon - lodging of a First Information Report is necessary for setting the crimi..

Posted in Criminal Law |   1798 hits

A company cannot be described a party to arbitration if it has not signed contract

 08 June 2010

Party to Contract - Determination thereof - Whether a company could be said to be a party to a contract containing an arbitration agreement, even though it did not sign the agreement containing an arbitration clause, with reference to its subsequent ..

Posted in Corporate Law |   2635 hits

Powers of Courts under Arbitration & Conciliation Described

 08 June 2010

Scope of power of Courts - Section 11(6) of Arbitration and Conciliation Act, 1996 ..

Posted in Constitutional Law |   2801 hits

Marumakkathayam - Tarwad

 08 June 2010

..

Posted in Civil Law |   3312 hits

Review in Revision

 08 June 2010

Review in Revision..

Posted in Civil Law |   1661 hits

The District Collector, Srikakulam & Ors. Versus Bagathi Krishna Rao & Anr.

 08 June 2010

Facts and circumstances giving rise to this Appeal are that the respondents herein filed Original Suit No.26/94 for seeking declaration of title and possession of the suit land admeasuring Ac.8.90 cents situate within the erstwhile jamindari of Tarla..

Posted in Others |   2222 hits

Public Service Commission, Uttaranchal Versus Mamta Bisht & Ors.

 08 June 2010

Facts and circumstances giving rise to these appeals are that Public Service Commission, Uttaranchal (hereinafter referred to as the ‘Commission’) issued an advertisement dated 7.6.2002 inviting applications for 35 posts of Civil Judge, (Junior Divis..

Posted in Others |   2786 hits

Allotment of a residential plot within 48 hours of submission of application

 08 June 2010

This is a unique case which reveals that an influential person can have allotment of a residential plot in discretionary quota within 48 hours of submission of application and then assert in Court that she has a right to have a land on a throwaway pr..

Posted in Others |   2060 hits

Allotment of successful candidates

 08 June 2010

Facts and circumstances giving rise to the present appeal are that in order to fill up 15 posts of Junior Clerks in District Sonepur, applications were invited by an advertisement dated 25.06.1995. The advertisement made it clear that number of vacan..

Posted in Others |   2038 hits

protect their life and liberty

 06 June 2010

..

Posted in Criminal Law |   1047 hits

Courts Cannot Impound Passports under section 104 Cr. P. C.

 06 June 2010

Code of Criminal Procedure,1973 (2 of 1974), Section 102, 104 -Passports Act (15 of 1967), Sections 10 (3), 10 A– Impounding of passport - Power of police authority - Passport authority is to decide whether to impound the passport or not?..

Posted in Criminal Law |   4240 hits

Court Should Provide Respect to Senior Officials in court

 06 June 2010

Courts Duties while to deal h the situation when a senior officials comes to court..

Posted in Civil Law |   1344 hits

Prospective or Retrosepctive provision is to be decided by court

 06 June 2010

The way to deal with the situation of interpretation discussed..

Posted in Civil Law |   1450 hits