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Lawyersclubindia Judiciary

Legality of Life Support in the light of Indian context

 17 March 2011

Human Rights - Passive Euthanasia and Active Euthanasia - Legality..

Posted in Constitutional Law |   2207 hits

Vigilance Commission should be totally impartial

 17 March 2011

Validity of Appointment - High Powered Committee (HPC), duly constituted under proviso to Section 4(1) of Central Vigilance Commission Act 2003 recommended name of 2nd respondent for appointment to post of Central Vigilance Commissioner (CVC) - Petit..

Posted in Constitutional Law |   2653 hits

notings in departmental files did not have sanction of law creating a legally enforceable right

 17 March 2011

Entitlement to Regularization - Appellant organization employed casual workers for discharging various works in its organization - Respondent Union of casual workers demanded regularization of their service - Single Judge, in respondent's writ petiti..

Posted in Labour & Service Law |   2591 hits

Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for r

 17 March 2011

Service - Preparation of judgments through third party - Removal from service - Legality (i) Whether High Court was justified in dispensing with enquiry while passing order recommending appellant's removal (ii) Whether order of removal ..

Posted in Constitutional Law |   3676 hits

Full Court recommended for invocation of the proviso (b) to Article 311(2) of Constitution of India

 16 March 2011

The appellant herein challenged the legality of the aforesaid order before the Jharkhand High Court by filing a writ petition contending inter alia that the High Court does not have any power to dispense with an enquiry as envisaged for the purpose o..

Posted in Others |   3381 hits

Section 239 Cr.P.C

 16 March 2011

The appellant herein submitted his application offering himself as a candidate for the post of Munsif to be recruited by the respondents for which an advertisement was also issued. Pursuant to the aforesaid application filed by the appellant, he was ..

Posted in Criminal Law |   3528 hits

Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985

 16 March 2011

The appellant Jagdish Rai, along with another accused Ajaib Singh is convicted under section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentenced to 10 years’ rigorous imprisonment and a fine of Rs.1 lak..

Posted in Others |   2357 hits

State of Uttar Pradesh & Ors. Versus J. P. Saraswat

 16 March 2011

The respondent, a veterinary surgeon, was in the service of the State Government of Uttar Pradesh. On December 23, 1991, he made an application for no-objection certificate for obtaining visa for going to the United States of America. The no-objectio..

Posted in Others |   2369 hits

Court under the provisions of Article 32 of the Constitution of India

 16 March 2011

. The petitioner has approached this Court under the provisions of Article 32 of the Constitution of India with a prayer that the respondents be directed not to demolish Shop No. D/4, Peeragarhi Relief Camp, New Delhi-56 till another shop is given to..

Posted in Others |   2954 hits

National Council for Teacher Education Act, 1993

 14 March 2011

The facts very briefly are that the Government of Bihar in the Department of Human Resource Development granted temporary recognition to the Champaran Physical Training College (for short ‘the College’) for C.P.Ed. (Certificate of Physical Education)..

Posted in Others |   2790 hits

Section 11A of the Central Excise Act, 1944

 14 March 2011

The issue that falls for consideration in these appeals is, as to whether the provisions of time limit that are contained in Section 11A of the Central Excise Act, 1944 (in short ‘the Act’) are applicable to the recovery of amounts due under the comp..

Posted in Taxation |   4243 hits

Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices

 14 March 2011

The facts of the case are that the petitioners filed complaints under section 28 read with items l (a)(b), (d) and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, l97l (hereinafter refe..

Posted in Others |   9216 hits

Ramdeo (D) by LRs. & Ors. Versus Board of Revenue, U.P. & Ors.

 14 March 2011

Being aggrieved by an order dated 5th November, 2003 passed in Writ Petition No. 7435 of 1979 by the High Court of Judicature at Allahabad, this Special Leave Petition has been filed by the heirs of the Original Plaintiff, who had filed a suit for a ..

Posted in Others |   2769 hits

BHARAT PETROLEUM CORPN.LTD. VERSUS LALMAN R. SHARMA & ORS.

 14 March 2011

The main grievance which has been articulated by learned Attorney General for India is that the impugned judgment has been passed without giving any opportunity to the appellant herein- Bharat Petroleum Corporation Ltd. to file its reply. In other wo..

Posted in Others |   2501 hits

Petition under Order 22 Rule 4 of the CPC

 09 March 2011

These appeals are directed against the order passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad in CMP Nos. 21114, 21115, 21116, 21117 and 21118 of 2003 dated 19th August, 2003. By the aforesaid order, the High ..

Posted in Others |   14031 hits

Sections 307, 148, 149 and 120-B of IPC

 09 March 2011

One Kiranjit Kaur, daughter of a handicapped school master, was abducted when she was returning from school on 29.07.1997, and then gang-raped and murdered by Gurprit Singh, Jagraj Singh, Desh Raj and Partap Singh. The Hon’ble Additional Sessions Jud..

Posted in Criminal Law |   3690 hits

Tatipamula Naga Raju Versus Pattem Padmavathi

 09 March 2011

The suit had been filed by the plaintiff (respondent herein) for recovery of Rs.1,90,000/- from the defendant, who is the appellant herein, with interest and the claim was based on a promissory note, which was alleged to have been executed by the def..

Posted in Others |   2510 hits

Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988

 09 March 2011

This appeal has been preferred against the judgment and order dated 11.12.2002 passed by the High Court of Sikkim at Gangtok in Criminal Appeal No. 4 of 2002, upholding the judgment and order dated 30.5.2002, passed by the Special Judge, Prevention o..

Posted in Criminal Law |   9532 hits

MD.Sukur Ali Versus State Of Assam

 09 March 2011

That question is whether in a criminal case if the counsel for the accused does not appear, for whatever reasons, should the case be decided in the absence of the counsel against the accused, or the Court should appoint an amicus curiae to defend the..

Posted in Others |   3362 hits

Paragraph 503 of the Border Road Regulations (for short “the Regulations”)

 09 March 2011

Challenge in these appeals, by special leave, is to the judgments and orders dated 27th March, 2001 and 22nd January, 2003 delivered by a Division Bench of the Gauhati High Court at Guwahati in Writ Appeal No. 548 of 1996 whereby it has directed appe..

Posted in Others |   2749 hits







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