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Lawyersclubindia Judiciary

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 |   2101 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 |   1959 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 |   3762 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 |   3509 hits

Wakf Tribunal cannot entertain matters of tenancy

 20 September 2010

Suit for eviction - Jurisdiction of Wakf Tribunal - Sections 83 and 85 of the Wakf Act, 1995 - Whether under Section 83 of the Act the Wakf Tribunal was competent to entertain and adjudicate upon disputes regarding eviction of the Appellants who we..

Posted in Civil Law |   2938 hits

MACT should award Damages as well as compensation

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   2214 hits

Motor Accident Tribunal should consider /future Loss of Income

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   1893 hits

It can be presumed in NDPS that traveling accused might be having substance

 20 September 2010

Possession of contraband substance - Trial Court convicted Appellants under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay fine - High ..

Posted in Criminal Law |   1520 hits

Part tx is leviable on Non-resident/seller

 20 September 2010

Tax Transactions - Jurisdiction of Income Tax Department on Transaction outside India - Determination 0f - Whether Income tax authorities in India have the jurisdiction to tax transactions, even though the transaction took place outside India as t..

Posted in Taxation |   1322 hits

Courts have very limited scope in Bidding matters

 20 September 2010

Bidding — Rejection of bid by Respondent-Authority — Challenge against thereto on ground that decision of Respondent - Authority discriminatory and arbitrary — Scope of judicial review thereof — Order XLVII Rule 1 of Civil Procedure Code, 1908 ..

Posted in Constitutional Law |   1484 hits

furlough leave cannot be denied to prison on the ground of local solvant surity

 20 September 2010

Application for furlough leave - Rejected on the ground of local surety - Appeal against thereto - Whether the condition specified in Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety with..

Posted in Criminal Law |   1903 hits

People with privilege and power must be conscious of their prestige

 20 September 2010

Application for release of the Petitioner on probation - Rejection thereto - Petitioner Convicted under section 354 Indian Penal Code , 1860 applied for probation which was rejected by Trial Court - Hence this appeal - Whether the Petitioner was e..

Posted in Criminal Law |   1122 hits

Sections 302/34 of the Indian Penal Code, 1860

 20 September 2010

Facts and circumstances giving rise to these appeals are that on 16.8.1994 at about 7.50 p.m., F.I.R. No.1/1994 under Sections 302, 147, 148, 149 and 307 IPC was lodged at Police Station Mandai Chowk Sarangpur, Madhya Pradesh, according to which 17 a..

Posted in Criminal Law |   5632 hits

Section 7 of the Guardians and Wards Act, 1890

 20 September 2010

(a) On 03.06.2002, the marriage of the respondent was solemnized with Kaveri, the daughter of the appellant herein. Out of the said wedlock, on 23.03.2003, a son, namely, Vishwajeet @ Sangharsh was born. After giving birth to son, on the same day, th..

Posted in Civil Law |   7328 hits

Section 5 of the Central Sales Tax Act, 1956

 20 September 2010

The question that falls for consideration in this case is whether an assessee (local manufacturer) is eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act, 1956 (for short ‘CST Act’), if the penultimate sale effec..

Posted in Taxation |   9240 hits

Ashok Pal Singh & Ors. Vs. UP Judicial Services Association & Ors.

 20 September 2010

The recruitment and appointment to the Uttar Pradesh Higher Judicial Service consisting of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges are governed and regulated by the U.P. Higher J..

Posted in Others |   2069 hits

Pyare Mohan Lal Versus State of Jharkhand & Ors.

 20 September 2010

Facts and circumstances giving rise to this case are that the petitioner was selected in the Bihar Civil Services (Judicial Branch) in 1982 and was appointed to the post of Munsif by the State and was confirmed in the grade of Munsif vide order dated..

Posted in Others |   1911 hits

Punjab Home Guards Act, 1947

 20 September 2010

The appellants in the instant case are ‘volunteers’ of the Punjab Home Guards. They were recruited and appointed sometime in the year 1989 under the Punjab Home Guards Act, 1947 and the Rules framed thereunder. They were paid consolidated wages of Rs..

Posted in Others |   5459 hits

Section 10(b) read with Section 10A of the Central Sales Tax Act, 1956

 20 September 2010

These appeals, by special leave, are directed against the judgments and orders delivered by the High Court of Judicature at Allahabad, reversing the orders passed by the Sales Tax Tribunal, Meerut, (for short “the Tribunal”). In the first set of appe..

Posted in Taxation |   3855 hits

Section 4 of the Land Acquisition Act, 1894

 20 September 2010

The relevant facts common in these appeals are that a preliminary notification dated 5.03.1983 was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, ‘the Principal Act’) in respect of the land at Ghonga Tank in vil..

Posted in Property Law |   3145 hits







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