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Lawyersclubindia Judiciary

Trade marks - groundless threat

 01 December 2010

for declaration and permanent injunction against the threats..


Additional Counter Affidavit

 01 December 2010

..

Posted in Constitutional Law |   2925 hits

Section 13(6) of the West Bengal Premises Tenancy Act & Section 106 of the Transfer of Property Act

 30 November 2010

The plaintiff-appellant herein filed a suit for eviction and recovery of possession and mesne profits against the respondent. The plaintiff alleged that the suit property comprising two rooms with an attached verandah consisting of kitchen space situ..

Posted in Others |   6812 hits

Section 302 of the Indian Penal Code

 30 November 2010

Chirra Shantha (the deceased) had strained family relations with her husband’s brother, the appellant. There was a family dispute with regard to a property wherein the husband of the deceased and the appellant were residing and the appellant wanted h..

Posted in Criminal Law |   2224 hits

Section 6(3) of the Right to Information Act

 30 November 2010

This appeal is directed against the impugned order dated 24th November, 2009 passed by the Central Information Commission (CIC) whereby and whereunder the CIC having allowed the appeal preferred by Subhash Chandra Agrawal, respondent herein, directed..

Posted in Constitutional Law 1 comments |   3931 hits

Section 4 of the Land Acquisition Act, 1894

 30 November 2010

As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this common judgment and order. However, we may record the facts of each of the cases separately and deal with the issues at one place as the..

Posted in Property Law |   4343 hits

Section 63 of the Indian Succession Act

 30 November 2010

The facts giving rise to the filing of a suit for partition and separate possession by the plaintiff-respondent no.1 in this appeal have been set out in the judgment under appeal hence do not bear repetition. All that need be stated is that responden..

Posted in Family Law 1 comments |   5815 hits

Raja Khan versus U.P. Sunni Central Waqf Board & Anr.

 30 November 2010

This petition has been filed against the impugned judgment passed by a division Bench of the High Court of Allahabad dated 5.8.2010 in Special Appeal No. 973 of 2010. By that judgment the ex-parte interim orders of the Single Judge of the High Court ..

Posted in Others |   2770 hits

No license can be cancelled without proper opportunity of hearing

 27 November 2010

Cancellation of the registration certificate issued to act as Exporter - Whether action of cancellation fair and in compliance with principles of natural justice? ..

Posted in Corporate Law |   2703 hits

Delay & Latches should not be condoned without proper explaination

 27 November 2010

Question of delay and laches in entertaining a writ petition having been filed after a lapse of 16 years of the date of Award without any explanation for the delay-Whether High Court was not justified in entertaining the writ petition? ..

Posted in Property Law 1 comments |   8146 hits

High Court had power to Waive the Penality

 27 November 2010

waiver of penalty -Whether the High Court power to interfere by dismissing the Writ Petition would be maintainable? ..

Posted in Corporate Law |   1587 hits

Service Tax on Hire Purchase business vests with UOI

 27 November 2010

Imposition of service tax- Whether entire power of taxation in respect of hire-purchase transactions is now vested only in the States under Entry54 of List II and that the Parliament has no power at all including the power to levy a service tax? ..

Posted in Taxation |   2473 hits

When provision of Section 31(2) would apply?

 27 November 2010

Exemption - Application of Rule 41 of West Bengal Sales Tax Rules, 1995, Rule 3(116) of Bengal Finance (Sales Tax) Act, 1941 and Section 31 of the Act, 1994 - (i) Whether the Assessee was entitled to get the tax exemption under Rule 3(116) of Bengal ..

Posted in Taxation |   1227 hits

Privity of contract is must for recovery

 27 November 2010

Right of Distributorship for supply of various surgical and other items - Privity of contract - Whether there was any contract between the Plaintiff and Defendant in preliminary objection? ..

Posted in Civil Law |   2647 hits

After Repeal of DST Act, Commissioner has no revisional power U/s. 74A of DVAT Act

 27 November 2010

Revisionary power of Commissioner under Section 74A of the DVAT Act 2004- whether after the repeal of the DST Act a suo motu power of revision under Section 74A of the DVAT Act can be initiated. ..

Posted in Taxation |   1562 hits

Right to begin

 27 November 2010

Ramakka vs V. Nagesam ..

Posted in Civil Law |   1238 hits

Himachal Pradesh Housing and Urban Development Authority Versus Universal Estate and another

 27 November 2010

Whether Chief Executive Officer of the Himachal Pradesh Housing and Urban Development Authority (hereinafter referred to as `the Chief Executive Officer’) could reject the highest bid given by respondent No.1 in respect of commercial site measuring 9..

Posted in Others |   2035 hits

Section 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988

 27 November 2010

The appellant, at the relevant time was posted as Deputy Chief Engineer, Railway Electrifications, South Central Railway. He was put on trial for commission of the offences under Section 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of ..

Posted in Others |   3692 hits

C.N. ANANTHARAM VERSUS M/S FIAT INDIA LTD. & ORS. ETC. ETC.

 27 November 2010

On 31st October, 2002, the Petitioner herein purchased a Fiat Siena Weekender diesel vehicle from M/s Sundaram Automobiles, Bangalore, the common Respondent in all these three Special Leave Petitions and agent of M/s Fiat India Ltd., the manufacturer..

Posted in Others |   2756 hits

National Council for Teacher Education Act 1993

 27 November 2010

These two appeals raise the questions as to whether after coming into force of the National Council for Teacher Education Act 1993 (hereinafter referred to as ‘the NCTE Act’) the State Governments have the power to grant recognition to the colleges w..

Posted in Others |   1796 hits







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