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..
Election of Shambhu Chaudhary from U.P. Legislative Assembly reserved seat declared void as he does not belong to Scheduled Caste. ..
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..
(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..
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..
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..
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..
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..
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..
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..
Dismissal of appeal for default-once an appeal is admitted and is placed for hearing on merits, it can be dismissed for default but cannot be decided on meritsin absence of applicant or his advocate...
Therefore, we hold that right to health, medical aid to protect the health and vigour to a worker while in service or post retirement is a fundamental right under Article 21, read with Articles 39(e), 41, 43, 48A and all related Articles and fundame..
Municipality is directed to consider the application for licence submitted by the petitioner without insisting on production of any No Objection Certificate or permission from the Atomic Energy Commission. In other words, if the petitioner is having ..
It has, therefore, to be found that the apprehension of the local public that there will be serious health hazards on account of the installation and energisation of the B.T.S by the petitioner is irrational...
if the installation of generator would cause any sound pollution, evidently Pollution Control Board can give appropriate direction and the petitioner will have to obtain necessary consent from the Pollution Control Board for installation of generato..
Will is executed when the owner of a property forms an opinion that his/ her estate should not devolve upon the existing heirs according to the law governing intestate succession. When, thus, a person who would have otherwise succeeded to the estate..
The portion of land reserved for public purpose in a layout or in a development plan or master plan approved by the local body cannot be used for any other purpose than the one specified therein..
The appeal pertaining to his conviction for the offence of murder is dismissed and the charge having been established is upheld. ..
Impugned judgment dated 11.10.2004 and order dated 14.10.2004 sentencing the appellant to undergo imprisonment for life for the offence punishable under Section 302 IPC and to undergo rigorous imprisonment for a period of 7 years for the offence p..
The possibility of the appellants being falsely implicated by PW-2 to extract the return of his loan cannot be ruled out. 30. The appeals are allowed. Impugned judgment and order dated 10.8.2007 convicting the appellants is set aside. The appellan..
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