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Lawyersclubindia Judiciary

Section 23 of the Consumer Protection Act, 1986 (for short “the Act”)

 14 July 2010

Challenge in this appeal, filed under Section 23 of the Consumer Protection Act, 1986 (for short “the Act”), by the Maharashtra State Financial Corporation (hereinafter referred to as “the Corporation”), is to the final order, dated 7th January, 2002..

Posted in Civil Law |   2743 hits

Sections 302 and 307 of the Indian Penal Code, 1860, Section 27 of the Arms Act, 1959

 14 July 2010

. In all, eight persons, namely, Rajeshwar Singh @ Kamta Singh, Nagina Singh, Sheo Jee Singh @ Akshay Singh, Awadhesh Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh and Besh Lal Singh @ Bansh Lal Singh were put on trial for..

Posted in Criminal Law |   4154 hits

Quashment of proceedings under Section 482 Cr PC

 14 July 2010

In Central Bureau of Investigation vs. K.M.Sharma, Criminal Appeal No. 351 of 2008, the Supreme Court set aside the Delhi High Court’s order quashing the proceedings under section 120B AND 193 IPC against the respondent...

Posted in Criminal Law |   3718 hits

Iqbal Moosa Patel S/O. Mohammed ... vs State Of Gujarat And Anr. on 17 March, 2008

 14 July 2010

The Indian Penal Code, 1860 Section 67 in The Indian Penal Code, 1860 The Indian Evidence Act, 1872 Section 57 in The Indian Penal Code, 1860 Section 50 in The Indian Penal Code, 1860 ..

Posted in Criminal Law |   1769 hits

Judgment- meaning

 14 July 2010

In K.V.Rami Reddi vs. Prema, Civil Appeal No. 2551 the Supreme Court explained the meaning and content of judgment..

Posted in Others |   2170 hits

Surendra Kathadbhai Jebalia vs State Of Gujarat on 20 February, 2003

 14 July 2010

The Indian Penal Code, 1860 Section 67 in The Indian Penal Code, 1860 Section 57 in The Indian Penal Code, 1860 Section 55 in The Indian Penal Code, 1860 The Indian Evidence Act, 1872 ..

Posted in Criminal Law |   1288 hits

Only the SC can pass a decree of divorce, if one party withdraws consent in a petition u/s. 13B HMA

 14 July 2010

Divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955- when one of the petitioners withdraws consent, only the SC under its inherent powers can pass the decree...

Posted in Family Law |   5384 hits

procedure in dv cases

 14 July 2010

procedure in dv cases; dv to be proved..

Posted in Criminal Law |   2646 hits

Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations

 09 July 2010

Whether the offer of rupees one hundred thirteen and paise sixty two only (Rs.113.62) per share made by the appellant, M/s Daiichi Sankyo Company Ltd. in its public announcement dated January 19, 2009 for acquisition of the shares of Zenotech Laborat..

Posted in Others |   1663 hits

Rakesh Kumar Goel etc. Versus U.P. State Industrial Development Corporation Ltd. & Ors.

 09 July 2010

The appellants came to this court taking the plea that they had deposited one fourth of their bid amounts on the day the auction was held and the decision of the High Court was based on a patent error of law. Even while challenging the judgment of th..

Posted in Others |   1683 hits

Christian Medical College Vs. State of Punjab & Ors.

 09 July 2010

The appellant (Christian Medical College, Ludhiana) is a minority institution running a medical college with an intake capacity of 50. As per the order dated 1.6.2005 of this Court in W.P. [C] No.357/2004, 75% of the seats were to be filled according..

Posted in Others |   1310 hits

Vijeta Gajra Versus State of NCT Of Delhi

 09 July 2010

The appellant herein challenges the order passed by the High Court whereby the petition filed by her was dismissed. The said petition was filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code for qu..

Posted in Criminal Law |   1890 hits

Ras Resorts & Apart Hotels Limited & Anr. Versus Union of India and Ors.

 09 July 2010

The brief facts relevant for the purpose of these appeals may be stated thus. Another public limited company, (described as a sister concern of appellant no.1) made an application before the respondents on May 28, 1984 for grant of lease of a piece o..

Posted in Others |   1659 hits

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

 09 July 2010

According to the prosecution the appellant-Billa Nagul Sharief at the relevant time was posted as Junior Assistant in the office of the District Supply Officer, Guntur and thus a public servant within the meaning of Section 2(c) of the Act. He was in..

Posted in Criminal Law |   3048 hits

Dismissal of Writ is not Good rather decide on merits

 08 July 2010

Constitution - Recognition to Institution? Petitioner Institution a Primary Teachers Training college? Recognition granted earlier revoked and result of examination withheld? Writ petition dismissed on the ground of delay and laches? Writ appeal a di..

Posted in Constitutional Law |   1308 hits

SEBI has powers under section 247 of Companies Act to invest

 08 July 2010

Alleged Misstatement in Red Herring Prospectus by DLF - Statutory duty of SEBI - Merely because the public issue was closed, whether SEBI can presume to be relieved of its statutory duty to conduct an enquiry into the Complaint and into the veracity ..

Posted in Corporate Law |   2400 hits

Appellate court has power to re-evaluate evidence

 08 July 2010

Reevaluation of Evidence - Whether Appellate Court has power to re-evaluate evidence laid before the Trial Court? ..

Posted in Criminal Law |   1299 hits

The Principals of interference by Appellate Court revesing acquittal

 08 July 2010

Order of acquittal - Scope of the Appellate Court - Whether Appellate can interfere with an Order of acquittal of the Trial Court? ..

Posted in Criminal Law |   1612 hits

Phone Call if not cryptic and Vague is FIR

 08 July 2010

Lodging of First Information Report (FIR) - Whether Phone Calls constitutes an FIR? ..

Posted in Criminal Law |   1447 hits

Section 117 of Transfer of Property Act

 08 July 2010

This appeal arises from a suit for declaration of title and confirmation/recovery of possession instituted by one Sukhi Mian, the ancestor and predecessor in interest of the present appellants. The claim of the plaintiff was based on two sada Hukumna..

Posted in Property Law 2 comments |   5768 hits