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Lawyersclubindia Judiciary

Raghbinder Singh Versus Bant Kaur & Ors.

 25 September 2010

. Bant Kaur, the widow of Lal Singh and Sukhwinder Singh and Paramjit Kaur, his son and daughter respectively filed a suit (No.877 of December 20, 1994) in the court of Civil Judge (Junior Division), Dhuri, claiming a sum of Rs.2,00,000.00 (rupees tw..

Posted in Others |   1603 hits

Urban Land (Ceiling and Regulation) Act, 1976

 25 September 2010

One Mawasi, resident of Saraivega Hemlet of village Kakratha, Tehsil and District Agra, had two sons, namely, Sukha and Shyama. Shyama has only one son namely, Rammo. Descendents of Sukha have been Ballo, Radhe Ram, Babu and Sohan Singh. They were ha..

Posted in Others |   3688 hits

Section 109 read with Sections 147, 148, 149, 153A, 295, 302, 395, 427, 435, 339 and 505 IPC

 25 September 2010

This appeal is directed against the order of the High Court of Delhi at New Delhi dated 19.07.2010 whereby the learned single Judge confirmed the order dated 15.05.2010 passed by the District Judge-VII/NE-cum- Additional Sessions Judge, Karkardooma C..

Posted in Criminal Law |   2474 hits

Everytime moment there is remittance an obligation to deduct TAS doesn't arises

 24 September 2010

Whether the High Court was right in holding that the moment there is remittance the obligation to deduct tax at source (TAS) arises? Whether merely on account of such remittance to the non-resident abroad by an Indian company per se, could it be said..

Posted in Taxation |   1999 hits

Dhaba constructed over Govt. land is not entitled to seek equity before Law

 24 September 2010

Dhaba on the suit land - Delhi Shops and Establishments Act - Petitioner nowhere claimed himself to be the owner or lessee of the suit land ..

Posted in Civil Law |   1118 hits

Service rendred in NGO cannot be counted in State Service

 24 September 2010

Pensionary Benefits - Grant thereof - Appeal on ground that appointment was by way of adjustment on adhoc basis for six months in anticipation of approval from the Bihar Public Service Commission - Further the notification clarified that his earlier ..

Posted in Labour & Service Law |   1463 hits

If delinquent employee participated in enquiry proceeding, chage-sheet cannot be quashed

 24 September 2010

Suspension from service on the alleged ground of cheating public- Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 - Reinstated on the basis of High Court direction on Petitioner's writ petition - Validity of charge-sheet under challenge..

Posted in Labour & Service Law |   2169 hits

Amended provision cannot be held to be unconstitutional so long as Parliament has the legislative co

 24 September 2010

Writ petition - Writ of declaration - Service tax liability - Software - End-userlicense agreement - Until 16th May 2008 no service tax was levied in the case of sale of canned software license - By virtue of new provision of Clause (zzzze), informat..

Posted in Taxation |   1302 hits

A girlfriend or even a concubine is not a "relative" and cannot be prosecuted u/s. 498A IPC

 24 September 2010

A girlfriend or even a concubine is not a "relative" of the husband and cannot be prosecuted u/s. 498A IPC..

Posted in Criminal Law |   2390 hits

Acceptance of money from client for giving bribe---Amounts to reprehensible conduct.

 24 September 2010

Acceptance of money from client for giving bribe---Amounts to reprehensible conduct...

Posted in Others |   2585 hits

Advocate - Professional misconduct -Disciplinary Committee has to follow rules of natural justice

 24 September 2010

Advocate -- Professional misconduct -- Disciplinary Action vis a vis Principles of natural justice -- Disciplinary Committee has to follow rules of natural justice ..

Posted in Others |   9163 hits

The Indure Ltd. and Another Versus Commercial Tax Officer and Ors.

 22 September 2010

Following questions of law projected, are required to be adjudicated by this Court in the aforesaid Appeal:- (i)Whether import of MS Pipes by Appellants was pursuant to a term of contracts between Appellant No.1 and National Thermal Power Corporatio..

Posted in Others |   2087 hits

RAJESH KAGRA & ORS. VERSUS STATE OF M.P. & ORS.

 22 September 2010

Special Leave Petition(C) No. 3009 of 2009 has been preferred against the order dated 31st July, 2008 passed in Writ Appeal No. 383 of 2008. In Special Leave Petition (C) Nos. 3029-3031 of 2009, petitioners assail the order dated 31st July, 2008 pass..

Posted in Others |   1244 hits

State of U.P. & Ors. Versus Neeraj Chaubey & Ors.

 21 September 2010

State of U.P. and their officials aggrieved by the interim orders dated 16.07.2010 and 25.08.2010 passed in W.P. No. 1872 of 1986 by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow have filed the above SLPs. W.P. No. 1872 of 1986 wa..

Posted in Others |   1846 hits

Sections 147, 148, 307 read with 149, IPC

 21 September 2010

This appeal by special leave is directed against the final judgment and order dated 2nd December, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4703 of 2004 whereby the Hon’ble High Court dismissed the appeal preferr..

Posted in Criminal Law |   5455 hits

V. RANGANATHAN VS. N. BASKARAN & ORS.

 21 September 2010

The facts, which led to filing of the two writ petitions, indicate that the Secretary, U.P.S.C., invited applications for appointment to three vacancies to the post of Principal, Government Higher Secondary Schools in Pondicherry, by Advertisement No..

Posted in Others |   2039 hits

Sections 302, 307 and 436, IPC

 21 September 2010

The incident in this case had taken place on 30.6.1989 in village Mahargheti, Patwari Circle Dangoli in the newly formed District Bageshwar (which was part of District Almora at the time of incident). In this ghastly incident, Pratap Singh, his wife ..

Posted in Criminal Law |   2098 hits

M/s Coal India Limited & Ors. Versus Coal Consumers Association & Ors

 21 September 2010

The relevant facts very briefly are that prior to 2007 industrial consumers were granted coal linkages for utilization in their small scale industries. On 18.10.2007, the Government of India, Ministry of Coal, formulated a New Coal Distribution Polic..

Posted in Others |   1955 hits

Jurisdiction of Criminal Courts - Extradition offence

 20 September 2010

As long as the facts that have been submitted before the requested State prima facie show the guilt of the extraditee in a foreseeable and logically consistent way, the said person can be tried on all such counts that can be conclusively proved again..

Posted in Criminal Law |   3758 hits

The Trial of Casement

 20 September 2010

The trial of Sir Roger Casement took place in 1917 during the First World War. It raised a new point. The guilty act had been committed – not in England – but by Casement in Germany. Was that High Treason?..

Posted in Criminal Law |   3504 hits







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