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Lawyersclubindia Judiciary

Police is liable to compensate against illegal detension and torture

 15 May 2010

llegal detention and arrest by police - Death of person arrested in Hospital due to torture by police officers - Compensation for death caused by police - Whether the petitioner's request for payment of compensation can be countenanced by the High Co..

Posted in Criminal Law |   2090 hits

Accused is not entitled to bail in case of conflicting jurisdiction

 15 May 2010

Plea of Bail - Conflicting Jurisdiction - Applicants involved in offences punishable under three different enactments namely Indian Penal Code, 1860, the Prevention of Corruption Act, 1988, and the Narcotic Drugs and Psychotropic Substances Act, 1985..

Posted in Criminal Law |   2630 hits

Merck & Co., Inc., Et Al. V. Reynolds Et Al., U.S. Supreme Court, (Decided on: 04/27/10)

 15 May 2010

Limitation - Fraud - Discover of - Respondent filed a securities fraud action, alleging petitioner knowingly misrepresented the heart-attack risks associated with its drug - District Court dismissed complaint being barred by limitation - Third Circu..

Posted in Civil Law |   1204 hits

Martin F. D'Souza .. Appellant

 15 May 2010

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Posted in Others |   1422 hits

Declaration and Injunction

 15 May 2010

Impleadment - suit for declaration of title and permanent injunction - the same was directed against the order dated 4th December, 2004 passed by learned Judge, 10th BENCH, City Civil Court at Calcutta in Title Suit No.815 of 2000 thereby rejecting t..

Posted in Civil Law |   5548 hits

Disconnection

 15 May 2010

Consumer dispute - the electricity supply was discontinued without notice. Compensation of Rs.50,000/- was awarded along with 12% interest per annum by the District Forum and upheld by the State Commission. The National Commission took the view that ..

Posted in Civil Law |   2348 hits

Suit for Ejectment

 15 May 2010

Code of Civil Procedure, 1908, s. 100; M.P. Land Revenue Code - In 1969, Government issued a notice for ejectment under Section 248 of the M.P. Land Revenue Code (in short 'the Code') claiming the land to be a land of the Government and the appellant..

Posted in Civil Law |   6808 hits

Complaint under Sections 498-A and 379 of the Indian Penal Code

 13 May 2010

In this appeal, the short question which arises for our consideration is that Respondent No.3 had filed a complaint under Sections 498-A and 379 of the Indian Penal Code [for short, `I.P.C.']. Learned counsel appearing for the appellant submit that n..

Posted in Criminal Law |   2429 hits

Govt. of Andhra Pradesh & Ors. Versus M/s. Obulapuram Mining Co. Pvt. Ltd.& Ors. Etc.

 13 May 2010

Determination of right to mining iron ore, a natural resource, has reached this Court in second round of litigation. Respondent No.1 in both the Special Leave Petitions had challenged the Order of State of Andhra Pradesh issued on 25.11.2009, suspend..

Posted in Others |   2385 hits

Esteem Properties Private Ltd. Versus Municipal Corpn. of Greater Mumbai & Ors.

 13 May 2010

The predecessor-in-interest of respondent no.3 was an unauthorised occupant of a hut/structure in the slum area measuring about 600 sq. ft. Respondent No.3 vide Deed of Assignment dated 15.7.2006 assigned her rights to the respondent no.4. The partne..

Posted in Others |   1911 hits

Moniruddin Ahmed @ Lalu Dealer & Ors. Versus State of West Bengal

 13 May 2010

Learned senior counsel for the appellants submitted that there should not be any conviction and sentence on disjointed and scrappy evidence. The trial Court as well as the High Court failed to take into account various infirmities that crept into th..

Posted in Others |   1164 hits

Balraje @ Trimbak Versus State of Maharashtra

 13 May 2010

Learned senior counsel for the appellant after taking us through all the relevant materials contended that the High Court has committed an error in upholding the conviction of the appellant when on the same set of evidence the other accused were acqu..

Posted in Others |   1133 hits

T. Narasimhulu & Ors. Versus State of A. P. & Ors.

 13 May 2010

. The relevant facts very briefly are that on 28.07.1983 the Government of India sent a Circular to all the State Governments to depute the Forest Range Officers who have passed the Forest Ranger Course with honours for admission to two year course a..

Posted in Others |   1676 hits

Fundamental Rules and Articles 14 and 16 of the Constitution

 13 May 2010

The relevant facts very briefly are that the respondents herein were working in the post of Investigators in the National Sample Survey Organisation, Government of India, Ministry of Planning and Implementation, Department of Statistics at Hyderabad,..

Posted in Others |   2737 hits

Essential Commodities Act, 1955

 13 May 2010

On 29.11.1985, the then Drugs Inspector, Park Town, II Range, Office of the Assistant State Drugs Controller Zone-1, inspected the premises of M/s. Sri Mahaveer Pharma Agencies (appellant no. 1 in Crl. A. No. 1034 of 2002) and found 68 bottles contai..

Posted in Criminal Law |   2818 hits

Section 498-A/34 IPC and Section 302/34 IPC

 13 May 2010

This appeal is directed against the final judgment and order dated 04.10.2007 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 2573 of 2006 whereby the High Court partly allowing the appeal acquitted Laxmibai – A-3, the mothe..

Posted in Criminal Law |   3449 hits

Judgment del. the SC on 11.5.2010 for the NCLT for your inf

 13 May 2010

These appeals arise from the order dated 30.3.2004 of the Madras High Court in WP No. 2198/2003 filed by the President of Madras Bar Association (MBA for short) challenging the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956(..

Posted in Corporate Law |   1785 hits

Harish Maganlal Baijal Vs. State of Maharashtra & Ors.

 12 May 2010

The petitioner appeared in the Maharashtra State Service (Main), Examination, 1990, which was held for the filling up of 22 posts of Deputy Superintendent of Police/Assistant Commissioner of Police, Class-I. In his application, the Petitioner gave hi..

Posted in Others |   2684 hits

Sections 397, 398, 402 and 403 of the Companies Act, 1956

 12 May 2010

The Petitioners herein filed Company Petition No.69 of 2006 before the Additional Principal Bench of the Company Law Board at Chennai under sections 397, 398, 402 and 403 of the Companies Act, 1956, alleging mismanagement and oppression by the major..

Posted in Corporate Law |   4427 hits

U.P. Industrial Undertaking (Special Provisions for Prevention of Unemployment) Act, 1966

 12 May 2010

The Respondent No.1 is a Public Limited Company engaged in the manufacture and sale of two wheelers, scooters and motorcycles, having its registered office at Panaki Industrial Area in Kanpur, U.P. The Company obtained power load from the Kanpur Elec..

Posted in Others |   2306 hits







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