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Lawyersclubindia Judiciary

Condonation of delay

 26 September 2008

: Condonation of delay of 116 days in filing the writ appeal — application rejected — the State of Kerala have made out sufficient cause for condonation of delay in filing the appeal — the Division Bench of the High Court is requested to dispose of t..

Posted in Civil Law |    hits

Each co-venturer liable to be assessed for his own share.

 26 September 2008

Income Tax Act, 1961 — section 293 A — vide Notification No. 9997 dated 8.3.1996 under Section 293A of the Income Tax Act, 1961, each co-venturer was liable to be assessed for his own share of income. They were not to be treated as an AOP — whether t..

Posted in Taxation |    hits

Magistrate can order Investigation by the Police

 23 September 2008

The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking co..

Posted in Criminal Law |    hits

working on short term contract not be a govt servant

 23 September 2008

In this case the respondent was engaged or hired on contract to work as Drugs Inspector for a period of six months from the date of joining or till a candidate selected by UPSC joined on regular basis whichever was earlier. An advertisement was issue..

Posted in Civil Law |    hits

Time Limit U/S 134 of Limitation Act, is Mandatory in nature

 23 September 2008

Appellant filed the suit on the basis of a promissory note executed by respondent, which was decreed in his favour by the trial court. Subsequently, in execution proceedings, the appellant purchased the judgment debtor (respondent’s) property in cou..

Posted in Civil Law |    hits

Prosecution witness turning to be Defense Witnesses

 23 September 2008

The Supreme Court in this case set aside an order of acquittal rendered by the M.P. High Court on the basis of evidence given by two witnesses who first gave evidence as P-Ws and then by way of affidavits changed the version to support as Defense wit..

Posted in Criminal Law |    hits

Right to Speedy Trial

 23 September 2008

It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its..

Posted in Criminal Law |    hits

Appointment

 23 September 2008

(A) Appointment - Primary teacher - Appointment denied on the ground that institutions from which appellants had got their teacher's training certificates were not recognized - Advertisement specifically referred to the Jharkhand Primary School Recru..


Promotion - Eligibility - Experience

 23 September 2008

(A) Promotion - Eligibility - Experience - They stand on different footings - For filling up the post by way of promotion, there must exist a channel - In absence of any channel, promotion cannot be effected. (Para 10) (B) Rajasthan Mines & Geol..


State of Karnataka and Others vs G. Halappa and Others.

 23 September 2008

Constitution of India, 1950 - Article 226 - Writ - Service - Contractual appointment, fixed emoluments, fixed term - Automatic termination after expiry of fixed term of contract - Whether, on their absorption against regular post, their previews c..


Discharge simpliciter - Wrong mentioning of provision

 22 September 2008

Army Act, 1950, Sections 20, 22 and 63 - Discharge simpliciter - Wrong mentioning of provision - Authority having power under the law - Merely because while exercising that power the source or power is not specifically referred to or a reference is m..

Posted in Others |    hits

Only one days's delay in reporting for duty

 22 September 2008

Dismissal - Only one days's delay in reporting for duty - Justifiable reason of death of his father - Direction to Union of India to consider the case of appellant sympathetically - Respondent agreed to reinstate appellant without payment of back wag..


Inherent Powers

 22 September 2008

(A) Criminal Procedure Code, 1973, Section 482 - Penal code, 1860, Sections 498A and 406 - Quashing of proceedings - In complaint no allegation regarding cases covered u/s 498A IPC - No allegation of any torture for dowry against appellant - Position..

Posted in Criminal Law |    hits

Investigation

 22 September 2008

(A) Medical jurisprudence - Murder - Post-mortem examination - Time of death - The lapse of taking place of death cannot be accurately stated. (Para 14) (B) Medical jurisprudence - Gun shot injury - Blackening of the wound can be found only when..

Posted in Constitutional Law |    hits

Investigation

 22 September 2008

(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..

Posted in Criminal Law |    hits

Jurisdiction of Court

 22 September 2008

(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..

Posted in Civil Law |    hits

Jurisdiction of Court

 22 September 2008

(A) Consumer Protection Act, 1986, Sections 10(3) and 16(2) - Jurisdiction of Court - Judicial restraint - High Court directing state Government to constitute at least five State Consumer Forums at State Level as used under Section 16 of Consumer Pro..

Posted in Civil Law |    hits

Exparte Award

 22 September 2008

Under section 17-A of the Industrial Disputes Act, 1947 an award becomes enforceable on the expiry of 30 days from the date of its publication. Once an award becomes enforceable, the industrial tribunal or the labour court, as the case may be, becom..


Acquittal

 22 September 2008

Penal Code, 1860, Sections 302, 120B, 201 r/w 34 - Acquittal - Benefit to co-accused - Acquittal of similarly placed co-accused in on the same set of facts and on similar accusations - A departure may be made in case where accused had not surrendered..

Posted in Criminal Law |    hits

Compromise Decree

 22 September 2008

Civil Procedure Code, 1908, Order 23 Rule 3 and Rule 3A - Compromise decree - Held that while it is true that decrees of civil Courts which have attained finality should not be interfered lightly, challenge to such compromise decrees by an aggrieved ..

Posted in Civil Law |    hits








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