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Lawyersclubindia Judiciary

UCO BANK & ANR v. RAJINDER LAL CAPOOR

 30 August 2008

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Posted in Civil Law |    hits

Amendment of Plaint

 30 August 2008

Amendment of plaint - Introducing a certified copy of the lease deed in evidence - Declaratory suit for joint title and recovery of possession - Ancient document of 1875 relied upon by plaintiff - Appellate court ought to have granted opportunity to ..

Posted in Civil Law |    hits

Negligence - 304A IPC

 30 August 2008

Penal Code, 1860, Section 304A - Negligence - Death of deceased by electrocution - Defence of accused that to prevent wild animals from going into filed, he had put the wire - Probability of defence version is borne out from various factors - Two pol..

Posted in Criminal Law |    hits

Suspension of sentence during pendency of appeal

 28 August 2008

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Posted in Criminal Law |    hits

Suspension of sentence during pendency of Appeal.

 28 August 2008

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Posted in Criminal Law |    hits

Action against delinquent Police Officers for not reg. FIR

 28 August 2008

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Posted in Criminal Law |    hits

Right to emergency care

 28 August 2008

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Posted in Others |    hits

Pension should be paid in first week

 23 August 2008

Every pensioner whether he/she is employee of Government of India, State Government, Corporation or public sector is entitled to pension on the beginning of every month. ..

Posted in Corporate Law |    hits

Transfer of Suit-SEction 24 CPC

 22 August 2008

Section 24 Code of Civil Procedure-Transfer of suit- Court is required to issue notice to the other side and hear the party before directing transfer. Court must judicially in ordering a transferon the application of a party...

Posted in Civil Law |    hits

S 319 Cr.P.C.

 19 August 2008

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Posted in Criminal Law |    hits

BURDEN OF PROOF & ONUS OF PROOF - DISTINCTION

 16 August 2008

As held in A. Raghavamma v. A. Chenchamma there is an essential distinction between burden of proof and onus of proof: burden of proof lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts...

Posted in Civil Law |    hits

VALIDITY OF REJECTION OF BOOKS OF ACCOUNTS ON GROUND OF MAIN

 15 August 2008

VALIDITY OF REJECTION OF BOOKS OF ACCOUNTS ON GROUND OF MAINTAINING ..

Posted in Corporate Law |    hits

Motor Accident without license

 13 August 2008

What happens if there is valid driving license in motor accident claim...

Posted in Civil Law |    hits

Compassionate Appointment on medical invalidation

 13 August 2008

Scheme of Appointment on Compassionate Grounds to the son, daughter or any other member of the family, in the case of the death of the employee in harness or medical invalidation is valid. ..


Common Intention

 13 August 2008

common intention pre-supposes prior concert. Care must be taken not to confuse same or similar intention with common intention; the partition which divides their bonds is often very thin, nevertheless the distinction is real and substantial, and if o..

Posted in Criminal Law |    hits

Dismissal summarily is unwarranted

 13 August 2008

One of the fundamental norms of judicial process is that arguable questions either legal or factual, should not be summarily dismissed without recording a reasoned order...

Posted in Others |    hits

Legislative Competence of the Parliament - entry in C.List

 13 August 2008

Clause (1) of Article 254 speaks about over-riding effect of a law made by Parliament which the Parliament is competent to enact. Same is the position in respect of a provision of existing law with respect of one of the matters enumerated in co..

Posted in Constitutional Law |    hits

sec 319 crpc

 12 August 2008

(A) Code of Criminal Procedure, 1973 (2 of 1974), Section 319 - Addition of accused - Power of Court - Court can exercise only on the basis of evidence adduced before the Court - Word "Evidence" in Section 319 contemplates evidence of witnesses given..

Posted in Criminal Law |    hits

auction confirmed cannot be set aside unless fraud establish

 12 August 2008

Once court confirms the sale in favour of the highest bidder in pursuance of the action, the same cannot be set aside unless some fraud is played collusion. Subsequent higher offer will not be taken into consideration..

Posted in Civil Law |    hits

Arbitrator - Interim arrangement between parties

 09 August 2008

Pending arbitration, the Arbitrator can grant interim directions and make interim arrangement between the parties. ..

Posted in Corporate Law |    hits








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