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Judgments and Orders

Arms Act

 11 June 2010

Indian Penal Code, ss. 395 r/w 397, 396; Arms Act, s. 3 r/w 25 - On appeal, the High Court acquitted all the accused of the charges giving them benefit of doubt in the matter of identification of the accused persons; of recovery of articles at their ..

Posted in Criminal Law |   2384 hits

Freedom Fighters' Pension

 11 June 2010

whether the Freedom Fighters' Pension should be granted to the respondent from the date of the application or the date of the order granting the pension..

Posted in Labour & Service Law |   2987 hits

Claim

 11 June 2010

Claims involving insurance company, owner of the vehicle and third party -- In each of the impugned judgments the concerned High Court held that the principles laid down by this Court in National Insurance Co. Ltd. v. Swaran Singh (2004 (3) SCC 297) ..

Posted in Constitutional Law |   1367 hits

Provident Fund

 11 June 2010

Employees' Provident Funds & Miscellaneous Provisions Act, 1952, s. 7A - Respondent claimed in-fancy protection under the provisions of the Act - The appeal is sans merit, deserves dismissal..

Posted in Corporate Law |   1681 hits

REquisite Qualification

 11 June 2010

Punjab State Class IV Service Rules, 1963 - whether the authorities were justified in holding that they did not possess the requisite qualification for appointment under the Punjab State Class IV Service Rules, 1963 - The State of Punjab had taken ov..

Posted in Labour & Service Law |   2843 hits

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 |   3420 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 |   1886 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 |   2858 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 |   3214 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 |   1979 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 |   6118 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 |   3968 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 |   1802 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 |   2659 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 |   2808 hits

Marumakkathayam - Tarwad

 08 June 2010

..

Posted in Civil Law |   3323 hits

Review in Revision

 08 June 2010

Review in Revision..

Posted in Civil Law |   1665 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 |   2227 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 |   2792 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 |   2070 hits