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Judgments and Orders

Legally constituted society cannot be reconstituted prematurely

 04 May 2010

Re-registration of Society - Section 52 of the Tamil Nadu Societies Registration Act - Societies Registration Act, 1860 - Dhakshina Barath Hindi Prachar Sabha Act, 1964 - Writ petition filed to call for the records relating the Dhakshina Barath Hindi..

Posted in Civil Law |   1126 hits

Various complaints filed against the appellant

 04 May 2010

The appellant is a well known actress who has approached this Court to seek quashing of criminal proceedings pending against her. As many as 23 Criminal Complaints were filed against her, mostly in the State of Tamil Nadu, for the offences contemplat..

Posted in Criminal Law |   1792 hits

Indian Drugs & Pharmaceutical Ltd. (IDPL) challenges the judgment of Delhi High Court

 04 May 2010

Indian Drugs & Pharmaceutical Ltd. Versus Famy Care & Ors. - The respondent, Famy Care Company is engaged in the business of manufacture and supply of family planning products including Oral Contraceptives Pills (hereinafter “OCPs”). They have been s..

Posted in Others |   2398 hits

C. Magesh & Ors. etc. Versus State of Karnataka

 04 May 2010

. Narration of facts of the aforesaid criminal appeals arising out of common judgment and order passed by High court of Karnataka, Bangalore, in three criminal appeals, one preferred by convicted accused, other two by State of Karnataka, would reveal..

Posted in Criminal Law |   1346 hits

Shiefting venue of trial is not transfer of case

 03 May 2010

Criminal - Shifting venue of Trial - Whether shift as in the present case means "transfer" as contemplated in Section 407 of the Code of Criminal Procedure, 1973 ? Criminal - Conduction of Trial inside the jail premises - Violation of Articles 1..

Posted in Criminal Law |   1399 hits

State Govt. cannot file Appeal against Special Judge CBI

 03 May 2010

Criminal - Competence of State to file an Appeal - Scope of - Section 378, 378(1) and 378(2) of Code of Criminal Procedure, 1973 - Whether the State Government has competence to file an appeal from the judgment passed by Special Judge, CBI acquitting..

Posted in Criminal Law |   1528 hits

State Govt. cannot impose parameters over non-aided schools

 03 May 2010

Constitution - Starting a primary, secondary or higher secondary school on "permanent no grant basis" in "Marathi medium" - Bombay Primary Education Rules, 1949 - Proposal submitted pursuant to Government Circular - Government issued Impugned Resolut..

Posted in Constitutional Law |   1740 hits

Prisoners have full rights for medical treatment

 03 May 2010

Constitutional - Exhaustion of Remedies - 42 U.S.C. § 1997e(a), Department of Corrections' Procedural Rules - Suit against prison officials claiming denial of adequate medical care inspite of regular request and several prison grievance complaints - ..

Posted in Constitutional Law |   1590 hits

Delay in recording statement of witnesses is not helpful for accused

 03 May 2010

Order of Acquittal - Reversal thereof by High Court in Appeal - Challenge against thereto - High Court while reversing order of acquittal passed by the Trial Court convicted Appellant under Sections 302, 201, 120B of the Indian Penal Code, 1860 and S..

Posted in Criminal Law |   1843 hits

Fundamental Right to open School cannot be withdrawn

 01 May 2010

Right to Live vis-à-vis Right to Education -Articles 21 and 21A of the Constitution of India, 1950 ..

Posted in Constitutional Law |   1888 hits

Art. 226 is not meant for seeking direction for FIR

 01 May 2010

Criminal - Sections 36, 41, 154, 155, 156, 190, 200 and 482 of Criminal Procedure Code - Respondent has refused to register a complaint and thereafter the case was filed in Court - Respondent did not proceed in the case despite there being Court dire..

Posted in Criminal Law |   2541 hits

Limitation Act cannot be invoked in Special Acts

 01 May 2010

Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appea..

Posted in Civil Law |   3257 hits

Goods stands exempted if captively used for the manufacture

 30 April 2010

Excise - Dutiability - Marketability - Burden of proof - Section 2(d) of the Central Excise 1944 (the Act) - Assessee, a manufacturer of footwear, manufactured double textured fabric, a rubberised, used as upper material in the manufacture of foot we..

Posted in Taxation |   1395 hits

Factum of Pronouncement or order is he date of limitation

 30 April 2010

Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appea..

Posted in Civil Law |   1371 hits

Right to open unaided schools cannot be restricted

 30 April 2010

Whether the right to establish available "only to" Public Charitable Trusts? ..

Posted in Constitutional Law |   1320 hits

Obligations of Private unaided schools

 29 April 2010

Obligation by Private unaided schools to be fulfilled..

Posted in Constitutional Law |   1439 hits

Everyday delay explanation is not the essance of Law

 29 April 2010

Limitation - section 5 of Limitation Act - Petitioner was charged for the offences punishable under sections 279, 304A, 337 and 338 of IPC and convicted to undergo simple imprisonment - Petitioner preferred an appeal with delay of 88 days in filing ..

Posted in Civil Law |   1229 hits

High Court cannot intervene in finding of bonafide requireme

 29 April 2010

Tenancy - Eviction petition - bona fide requirement - Fore Father in- law of the petitioner was the original tenant - Respondent desired to shift to the ground floor occupied by the petitioner to live close to maternal family - Petitioner opposes th..

Posted in Civil Law |   1777 hits

Senior Superintendent Telegraph (Traffic) Bhopal Versus Sant

 29 April 2010

The main question is whether relief of reinstatement and back wages granted to respondent nos. 1 to 14 (for short, ‘the workmen’) is justified. The facts leading up to this appeal by special leave are few and simple. The workmen were enrolled with th..

Posted in Others |   1494 hits

WEST BENGAL ELECTRICITY REGULATORY COMMISSION VERSUS HINDALCO INDUSTRIES LTD. & ORS.

 29 April 2010

In these two appeals the appellants are aggrieved by the order passed by the Appellate Tribunal for Electricity (hereinafter referred to as ‘the Tribunal’) in Appeal No.3/2007 dated October 31, 2007. The present Appeal No. 805 of 2008 is at the insta..

Posted in Others |   2724 hits