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Lawyersclubindia Judiciary

Appeal under Workman Compensation Act

 27 March 2008

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Conviction for offence punishable under Section 302 of the I

 27 March 2008

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Posted in Criminal Law |    hits

Application for mining lease

 27 March 2008

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Posted in Constitutional Law |    hits

Execution Petition - Period of Limitation

 27 March 2008

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Posted in Civil Law |    hits

Quash proceedings - non compoundable offence

 27 March 2008

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Posted in Criminal Law |    hits

Release of vehicle involved in criminal case

 27 March 2008

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Posted in Criminal Law |    hits

Closure of municipal slaughter houses for jain community.

 23 March 2008

Brief : : SC held the resolution passed by the Standing Committee of the Municipal Corporation of Ahemdabad in relation to closure of slaughter house during Paryushan festival of Jain is valid is law. ..

Posted in Constitutional Law |    hits

Maintainability of revision challenging order under 156 (3)

 17 March 2008

Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused...

Posted in Criminal Law |    hits

Public Interest Litigation-Locus Standi to file petition

 16 March 2008

Public Interest Litigation - Locus Standi to file Petition - Disclosure of Source of Documents - Service Matters - Guidelines ..

Posted in Constitutional Law |    hits

138 Negotiable Instruments Act-Service of notice

 16 March 2008

Section 482 - Negotiable Instruments Act - Section 138 - A penal provision should be construed strictly; the condition precedent wherefor is service of notice. It is one thing to say that the demand may not only represent the unpaid amount under cheq..

Posted in Criminal Law |    hits

N I Act, – Section 138, 139 – Burden of proof

 16 March 2008

Complaint on dishonour of cheque – Burden of proof - Reversal of a judgment of acquittal passed by the learned Trial Judge in favour of the appellant - The criminal court while appreciating the evidence brought on record may have to weigh the entire ..

Posted in Criminal Law |    hits

Divorce - What is cruelty?

 16 March 2008

Hindu Marriage Act, 1955 – Section 13 (ia) & 28 of the – Cruelty – Divorce - To constitute cruelty, the conduct complained of should be "grave and weighty" so as to come to the conclusion that the petitioner spouse cannot be reasonably expected to li..

Posted in Family Law |    hits

Divorce – Mental Cruelty

 16 March 2008

The concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system etc. etc. What may be mental cruelty now may not remain a mental cruelty ..

Posted in Family Law |    hits

Reference cannot be rejected on grounds of delay

 16 March 2008

Effect of a dispute raised after about 8 years was also not considered. It is not in dispute that the Labour Court cannot refuse to answer the reference because of delayed approach. But it can certainly modulate the relief...


Reinstatement with back wages

 16 March 2008

Labour Court and the High Court have held that self employment is not gainful employment - Whether running a small Betel Shop can be said to be gainful employment ..


Who is a workman?

 16 March 2008

Industrial Disputes Act, 1947 – Section 2(s) – Workman - Peon attached to the Public Prosecutor - For bringing in application of Section 2(s) of the Act, the workman must be employed in an industry. The Law department can, by no stretch of imaginatio..


Restriction of back wages

 16 March 2008

So far as delay in seeking the reference is concerned, no formula of universal application can be laid down. It would depend on facts of each individual case ..


Pension - Meaning of the term "broken period"

 14 March 2008

An employee, was entitled to pension provided he has completed the specified period of service. How such a period of service would be computed is a matter which is governed by the statute. It is one thing to say that a statute provides for completion..


Management of temple

 14 March 2008

Hindu Succession Act, 1956 - Section 14(1) - the necessity to have a fixed term of management for the purpose of running the temple in question has been accepted by the family for a long time..

Posted in Civil Law |    hits

Maharashtra Rent Control Act, 1999 – Section 3(1)(b)

 14 March 2008

Maharashtra Rent Control Act, 1999 – Section 3(1)(b) – Applicability of the Rent Act –Paid up share capital of a Company - Jurisdictional fact and adjudicatory fact - The fact or facts upon which the jurisdiction of a Court, a Tribunal or an Authorit..

Posted in Property Law |    hits






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