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Judgments and Orders

Remand u/s 167, CrPC

 18 September 2009

The magistrate is fully empowered to grant remand under proper sections after perusal of the case dairy and applying its judicial mind, ignoring the prayer made by investigating officer in remand application.He is not bound to grant remand for judici..

Posted in Criminal Law |   8995 hits

Medical termination of pregnency of mentaly retarded woman

 18 September 2009

Direction issued that best medical facilities be made available so as to ensure proper care and supervision during the period of pregnancy as well as for post-natal care. Since there is an apprehension that the woman in question may..

Posted in Constitutional Law |   2642 hits

Bad tacts of Insurance companies

 18 September 2009

The insurance companies in genuine and bona fide claims of the insurers should not adopt the attitude of avoiding payments on one pretext or the other.This attitude puts a serious question mark on their credibility and trustworthiness of the insu..

Posted in Corporate Law |   1640 hits

Interim bail

 18 September 2009

It is expected that in all cases where the Magistrate is not restrained from granting bail under section 437 Cr.P.C, where an accused moves an application for consideration of his prayer for bail through his counsel, even without orders of the High C..

Posted in Criminal Law |   2670 hits

Jurisdiction of Consumer Forum

 11 September 2009

The supreme court while setting aside a Full Bench decision of Kerala High Court , has held that jurisdiction of the consumer forum is barred by implication where remedy is provided under a special statute. ..

Posted in Civil Law |   2313 hits

MV Act- Pay and recover method not proper

 11 September 2009

if the Insurance Company proves that it has no liability to pay compensation to the claimants, the Insurance Company can not be compelled to make payment and later on recover it from the owner of the vehicle - Matt..

Posted in Civil Law |   4140 hits

Student is not a consumer of Education Board

 11 September 2009

The Board does not carry on any commercial, professional or service-oriented activity. No `benefit' is conferred nor any `facility' provided by the Board for any consideration. Therefore, the Board is not a `service provider' and a student who takes ..

Posted in Civil Law |   1457 hits

Termination of Service

 20 August 2009

Termination of service in Private Sector as per terms of contract of employment is not agasint Public Policy nor in violation of Article 14 of the Constitution of India. Central Inland Water Corporation 1986(3)SCC156 differed...

Posted in Labour & Service Law |   4331 hits

Ready and willing - Mere assertion in plaint

 06 August 2009

Specific Relief Act, 1963, Section 16(c) - Ready and willing - Mere assertion in plaint is not sufficient - It must be proved that consideration amount was available - When such proof is not produced before Court then it must be held that plaintiff w..

Posted in Property Law |   4123 hits

sec. 311

 31 July 2009

Leave granted. This appeal, by special leave, has been preferred against the judgment and order dated 8.10.2004 of Bombay High Court by which the revision preferred by the respondent was allowed and the order dated 12.8.2004 passed by the learned Se..

Posted in Criminal Law |   1451 hits

Section 313 of the

 31 July 2009

The petitioner has filed the present revision application for setting aside the order passed by the learned Additional District Judge, Fast Track Court-IInd, Later in Sessions Trial,whereby, the learned court below has allowed the petition under Sect..

Posted in Criminal Law |   1200 hits

Arbitration clause - form not nessecery

 29 July 2009

The Arbitration and Conciliation Act, 1996, which defines `arbitration agreement' u/s 7, does not prescribe any form for the purpose nor does it require an arbitration agreement to be in any particular form. What is required is to gather the intent..

Posted in Corporate Law |   2108 hits

Rape also constitutes abatement to sucide

 14 July 2009

committing suicide by a woman as a consequence of rape constitutes the offence of abatement to suicide punishable under section 306 of Indian Penal Code ..

Posted in Criminal Law |   3756 hits

Privacy of Building

 13 July 2009

Every Person has right to open as many windows in his wall as he likes , he may even demolish the Entrire Wall . His neibours can not compell him to make the wall or close the Windows .The Neibour may protect his privacy by making the wall on his ..

Posted in Civil Law |   1374 hits

accident claim when no valid DL

 12 July 2009

As a matter of fact, in view of the clear mandate of Section 3 of the Act, the deceased driver was not even permitted to drive the insured vehicle in a public place. Furthermore, the claimant not only committed breach of the terms of the policy, he ..

Posted in Civil Law |   1722 hits

Insurance - Non disclosure of change in health

 11 July 2009

Instead of the Corporation sending any notice to the proposer that the acceptance by them of the premium and the risk would be subject to the condition that the health of the life proposed should remain meanwhile unaffected, the proposer himself had..

Posted in Corporate Law |   2782 hits

Married daughters rights in the Ancestral Proeperty

 09 July 2009

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Posted in Property Law |   2103 hits

silent spectator and common intention

 08 July 2009

Two children sacrificed by their father (A1) and aunt (A2) due to superstition . Mother (A3) and uncle (A4) of diseased children remaining silent spectator . Allegation against them was that they were not raising objection to the illegal criminal a..

Posted in Criminal Law |   1900 hits

PUBLIC PURPOSE in land acqisation act

 06 July 2009

PUBLIC PURPOSE in LAND Acquisition DISCUSSED ELABORATELY WITH CITATIONS BY SUPREME COURT OF INDIA ..

Posted in Civil Law |   4026 hits

whether the right to education includes adult professional e

 04 July 2009

Nature of the case Constitutional challenge querying whether the “right to life” in Article 21 of the Constitution of India guarantees a fundamental right to education to citizens of India; role of economic resources in limiting right to education; ..

Posted in Constitutional Law |   2779 hits