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Lawyersclubindia Judiciary

Daughter in law can't claim Right to Live in In-laws house

 05 October 2008

Daughter in law can't claim Right to Live in In-laws house...

Posted in Family Law |    hits

Dowry death

 30 September 2008

A. Medical Jurisprudence – Course of death- Presence of heamatoma at left temporal region with contusion appearing externally would suggest, there was use of external violence of person of deceased of deceased before she died – death was not due to s..

Posted in Criminal Law |    hits

Kidnapping and rape

 30 September 2008

A. Indian Penal Code, 1860- Sections- 376 (2) (f), 363, 366- Kidnapping and rape- proof – Prosecutrix, a minor girl aged about 10 years allegedly allured by appellant on pretext that he will get her learnt to run bicycle, took her to his house and c..

Posted in Criminal Law |    hits

Kidnapping and rape

 30 September 2008

A. Indian Penal Code, 1860- Section 376 and 363- Kidnapping and rape- Proof- Allegation that viction, a minor girl kidnapped by appellant, a private tutore with assistance of co-accused persons and committed rape on her – statement of victim that app..

Posted in Criminal Law |    hits

Kidnapping for randsum

 30 September 2008

Indian Penal Code, 1860 ― Section 364-A/34 ― Kidnapping for ransom ― Allegation that accused persons kidnapped the child of complainant for ransom ― One of the accused was earlier working in complainant’s house ― He took..

Posted in Criminal Law |    hits

Review

 30 September 2008

Constitution of India, Article 137 - Review - Ground that State Government while sanctioning the proposal for the Municipal Corporation regarding modification of Development Central Rules added certain words which was not proposed by Municipal Corpor..

Posted in Constitutional Law |    hits

Robbery and Grevious Hurt

 30 September 2008

Penal Code, 1860, Sections 392 and 397 - Robbery - Grievous hurt - Any hurt which endangers life is grievous hurt - The term endangering life is much stronger than the expression dangerous to life - Knife blow was given on the chest, just below the n..

Posted in Criminal Law |    hits

Additional Evidence

 30 September 2008

Civil Procedure Code, 1908, Order 41 Rule 27 - Additional evidence - Second appeal stage - Industrial plot - Resumption order - Legal notice on behalf of respondents sought to be placed on record at second appellate stage - Difference of opinion betw..

Posted in Civil Law |    hits

Dismissal

 30 September 2008

Dismissal - Misconduct - Respondent in unauthorized occupation of quarter belonging to company - Vacation suit against respondent - When the Town Warden went to execute the decree along with Nazir of Civil court he was assaulted by respondent - Order..


Appointment of arbitrator

 30 September 2008

(A) Arbitration and Conciliation Act, 1996, Section 16(1) - Arbitration agreement - Validity of - An arbitration clause is a collateral term in the contract, which relates to resolution of disputes, and not performance - Even if the performance of th..

Posted in Corporate Law |    hits

Writ Jurisdiction and Maintainability

 30 September 2008

Constitution of India, Articles 226 - Writ - Jurisdiction and Maintainability - Quashing of notice - Interfere with demand directing payment of cess - Court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a..


Appointment - Practice and procedure

 30 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..


Transfer - Civil consequences

 30 September 2008

Transfer - Civil consequences - Affecting status and pay - Executive power in absence of any statutory rules cannot be exercised which would result in civil or penal consequences - Principle of natural justice not complied with - Moreover rules were ..


Prison Transfer

 29 September 2008

Prisons Act, 1894-Section 59- Rajasthan Prisons open Air comp Rules, 1972- Rule 3 (h)- Transfer of prisoner to open air comp form Jail- Application for- Considerations- Open Air comp is a subtle process of bringing back the prisoner into the mainstre..

Posted in Constitutional Law |    hits

Transfer of Criminal case

 29 September 2008

(A) Criminal Procedure Code, 1973- Section. 437(6)- Bail- Cancellation of –Accused granted bail in view of default clause contained in Sec. 437(6)- Correctness, validity and propriety of order granting bail, not challenged- Bail granted by Magistrate..

Posted in Criminal Law |    hits

Misbranded Article-

 29 September 2008

Prevention of Food Adulteration Act, 1954- Section. 2(ix)(e)- Sale of misbranded article- As per allegations in complaint “Tapioca Flour” was labeled as “ arrow root mixture” and a false claim was made upon lable that it contained various other artic..

Posted in Criminal Law |    hits

Secured asset

 29 September 2008

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002- Section 14, 17 - Secured asset – Request made by secured creditor for taking possession – Chief Judicial Magistrate or District Magistrate acting..

Posted in Corporate Law |    hits

Seizure of vehicle

 29 September 2008

Orissa Forest Act, 1972 – Section 56 (1) – Criminal Procedure Code, 1973 – Section 457- Seizure of vehicle involved in forest offence – Release of – Criminal Court would have no jurisdiction to release the vehicle in exercise of power under section..

Posted in Criminal Law |    hits

Quashing of order

 29 September 2008

(A) Penal Code, 1860, Sections 405, 406 and 420 - Quashing of order - Taking cognizance of offence - Cheating - Criminal breach of trust - Dishonour of two cheques - Instead of filing complaint u/s 138 Negotiable instruments Act, complaint filed for ..

Posted in Criminal Law |    hits

Second Appeal

 29 September 2008

(A) Hindu Succession Act, 1956, Section 14(1) - Widow was possessed of the land in question in lieu of her right of maintenance - Sub-section (1) of section 14 of the Act clearly be attracted. (Paras 13 and 18) (B) Civil Procedure Code, 1908, S..

Posted in Civil Law |    hits







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