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Lawyersclubindia Judiciary

Irretrievable Breakdown of marriage no ground for divorce

 18 March 2009

The apex court says that Irretrievably broken marriage is no ground for divorce. ..

Posted in Family Law |    hits

Police aid for tower construction

 17 March 2009

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Posted in Others |    hits

Land Acquisition Act-Easementary right on the ground of nece

 12 March 2009

Land Acquisition Act, 1894; Ss. 3(a) and (b), 11 and 16: Acquisition of land by State Government-Easementary right on the ground of necessity-Availability of-High Court rightly drew a distinction between an easement of an ordinary nature for whic..

Posted in Civil Law |    hits

Suit for recovery of possession

 12 March 2009

Civil Procedure Code, 1908-Order 12, Rule 6-Transfer of Property Act, 1882-Section 106-Suit for recovery of possession-Claim of tenants that there were four individual tenancies-As per Lease deed on record tenancy in question was joint and not indivi..


Mutation of revenue records would not alone confer title

 12 March 2009

Constitution of India-Article 136-Civil Procedure Code, 1908-Section 100-Plaintiff executing a sale deed of suit property in favour of vendee for obtaining a loan-Simultaneously a reconveyance deed was executed by vendee if the loan is repaid by resp..

Posted in Civil Law |    hits

Section 92 of Civil procedure Code

 12 March 2009

Mysore Religious and Charitable Institutions Act, 1927; Ss. 2(1), 17, 18, 19, 20, 21, 37, 38, 40 and 40A/Civil Procedure Code, 1908; Section 92/Civil procedure Code, 1911; Section 92: Filing of a suit under Section 92 CPC for cancellation of leas..

Posted in Civil Law |    hits

Back Wages

 10 March 2009

Back Wages when reinstatement awarded by the Labour Court Decided March 2009..


Workmen Compensation Act 1923

 10 March 2009

The meaning of Accident during the course of employment..


Section 5 of the order -Limitation Act - appealable order?

 05 March 2009

The Court can pronounce judgment according to the award (1) if the time for making an application to set aside the award has expired or (2) such application having been made, after refusing it. Because of the applicability of Section ..

Posted in Civil Law |    hits

court auction purchaser-Section 47(1) of the Civil Procedure

 05 March 2009

The court auction purchaser in a money decree cannot maintain a petition under Section 47 of the Civil Procedure Code in an execution proceedings in the maintenance decree and he cannot also be considered as a representative within the meaning of Sec..

Posted in Civil Law |    hits

Appointments in violation statute would be illegal

 05 March 2009

Appointment not made in accordance with Removal of Difficulties Order void. Irrespective of continuance for a long period. Appointments made in violation of the mandatory provisions of a statute would be illegal and, thus, void. Illegality cannot be..

Posted in Constitutional Law |    hits

Election of Shambhu Chaudhary void as he not belong to SC

 05 March 2009

Election of Shambhu Chaudhary from U.P. Legislative Assembly reserved seat declared void as he does not belong to Scheduled Caste. ..

Posted in Constitutional Law |    hits

Section 14 of the Hindu Succession Act

 05 March 2009

It is by force of Section 14(1) of the Act, that the widow's limited interest gets automatically enlarged into an absolute right notwithstanding any restriction placed under the document or the instrument. So far as sub-section (2) of Section 14 is c..

Posted in Property Law |    hits

arbitration clause subsists-after termination of agreement

 04 March 2009

(1) An arbitration clause is a collateral term of a contract as distinguished from its substantive terms; but nonetheless it is an integral part of it; (2) however comprehensive the terms of an arbitration clause may be, the existence of the contract..

Posted in Corporate Law |    hits

absence of title in the property-Section 53-A of the T P Act

 03 March 2009

appellant was not entitled to protect his possession claiming benefit of equitable doctrine of part performance enshrined in Section 53-A of the Act. Title in the suit property had not been conveyed in favour of Pishorrilal by executing a registered..

Posted in Property Law |    hits

Companies Act, 1956 (1 of 1956) Ss. 391 and 392-Scope of

 27 February 2009

Act in which provision analogous to s. 392 is absent. The sponsors of the scheme under s. 206 of the U.K. Act have tried to get over the difficulty by taking power in the scheme of compromise or arrangement to make alterations and modifications as pr..

Posted in Corporate Law |    hits

applicability of the arbitration clause

 27 February 2009

The bare reading of section shows that in order to succeed under Section 8 of the 1996 Act it is necessary that the subject-matter of suit should be covered by the arbitration agreement executed between the parties. Once this condition is satisfied t..

Posted in Corporate Law |    hits

Income-tax Act (11 of 1922), s. 23A and Explanation

 27 February 2009

Income-tax Act (11 of 1922), s. 23A and Explanation-Memoran- dum and Articles of Association empowering directors to refuse to register transfer of shares without assigning any reason-If element of free transfer eliminated. In the absence of evide..

Posted in Corporate Law |    hits

Supreme Court of India

 27 February 2009

A trader may acquire a commodity in which he is dealing, for, his own purposes, and hold it apart from the stock-in-trade of his business. There is no presumption that such an acquisition, even if it is an accretion to the stock-in-trade of the busin..

Posted in Corporate Law |    hits

Income-tax-'Association of Persons'-What constitutes

 27 February 2009

For forming an 'Association of Persons' the members ,of the association must join together for the purpose of producing income. An 'Association of Persons' can be formed only when two or more individuals voluntarily combine together for a certain pur..

Posted in Corporate Law |    hits







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