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Lawyersclubindia Judiciary

PIL AGAINST - 498-A -JUDGES OBSERVATIONS

 23 June 2010

A PIL TO DECLARE SECTION 498-A OF IPC ILLEGAL AND UNCONSTITUTIONAL ..

Posted in Criminal Law |   2760 hits

Bail

 18 June 2010

ranting of - and suspension of sentence - appeal - without expressing any opinion on the merits of the dispute and culpability of the accused, this Court is certainly of the opinion that this was not a fit case where the sentence awarded should have ..

Posted in Criminal Law |   1511 hits

Rate of Inerest

 18 June 2010

section 166 - respondent suffered permanent disability as both legs amputated due to rash and negligent driving of the lorry - no case has been made out for interference with the rate of interest. The appeal is dismissed subject to the modification t..

Posted in Civil Law |   1192 hits

Compensation with Interest

 18 June 2010

compensation with interest - entitlement - judgment of the High Court - challenged in this appeal - petition under section 166 of the Act - a bare argument by learned counsel for the appellants that the deceased had a potential of expanding his busi..

Posted in Civil Law |   1985 hits

Cruelty and desertion

 18 June 2010

appellant filed matrimonial case - on grounds of cruelty and desertion under Section 13(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion..

Posted in Family Law |   4373 hits

extra-judicial confession

 18 June 2010

Indian Penal Code, 1860 - section 302 - conviction under - an extra-judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the court. The confession will have to be proved like any other fact. The value of t..

Posted in Criminal Law |   5434 hits

customary divorce

 18 June 2010

Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary divorce - registered - permanent alimony received by the wife - there does not exist any period of limitation in respect of an offence under Section 494, as the maximum period o..

Posted in Family Law |   3351 hits

Referance

 18 June 2010

Land Acquisition Act, 1894 - sections 30 and 31 - an application for reference under - an attempt on the part of the First Respondent to get herself imp leaded as party in the Reference Petition did not fructify. The said order attained finality. It ..

Posted in Civil Law |   1162 hits

Res Judicata

 18 June 2010

Code of Civil Procedure - order II Rule 2 - Res Judicata - principals - applicability ..

Posted in Civil Law |   2678 hits

Review

 18 June 2010

Cr.P.C. Order 47 Rule 1 - order made in review - challenged - from a bare perusal of the judgment in review, it is clear that the principles laid down under Order 47 Rule 1 of the CPC have been completely ignored - we, however, give liberty to the..

Posted in Criminal Law |   1345 hits

Transfer of divorce suit

 18 June 2010

inspite of prayer for adjournment having been granted, no one appears to oppose the prayer for transfer on behalf of the respondent - considering the facts that the wife - petitioner herein - is staying at Andul Purba Para, P.O. Andul Mouri, P.S. San..

Posted in Family Law 1 comments |   2633 hits

discrepancies

 18 June 2010

conviction by trial court - set aside by the Division Bench - several discrepancies in the evidence of the witnesses and the prosecution version did not inspire confidence...

Posted in Criminal Law |   1260 hits

Second Appeal

 18 June 2010

Code of Civil Procedure, 1908, s. 100 - Second Appeal allowed by High Court - Appeal against - the memorandum of appeal shall precisely state substantial question or questions of law involved in the appeal as required under sub-section (3) of Section..

Posted in Civil Law |   2771 hits

Promotion Illegally

 15 June 2010

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Posted in Labour & Service Law |   2183 hits

reinstatement

 15 June 2010

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Posted in Labour & Service Law |   1501 hits

Recognition

 15 June 2010

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Posted in Constitutional Law |   1686 hits

Unauthorised material in Examination hall

 15 June 2010

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Posted in Constitutional Law |   1825 hits

Quash

 15 June 2010

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Posted in Criminal Law |   2313 hits

Scheduled Castes and Scheduled Tribes

 14 June 2010

Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - Service - Tribe Claim ..

Posted in Constitutional Law |   9952 hits

Seniority

 14 June 2010

Service - Seniority - , observations of the High Court are wholly unjustified inasmuch as the post of Commissioner of Customs and. - Civil Appeal stands allowed and the judgment of the High Court is set aside..

Posted in Constitutional Law |   3759 hits







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