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Lawyersclubindia Judiciary

Juvenile Justice Act

 07 March 2008

Under Juvenile Justice Act order refusing bail to juvenile by Board and S.J. is not proper...

Posted in Criminal Law |    hits

Sec. 32 of I.T. Act,1961 not applicable to Professionals

 07 March 2008

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Posted in Taxation |    hits

Doctrine of legitimate expectation

 02 March 2008

The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such esta..

Posted in Constitutional Law |    hits

Burden of proof

 02 March 2008

If the plaintiff fails to prove the existence of the fiduciary relationship or the position of active confidence held by the defendant- appellant, the burden would lie on him as he had alleged fraud. The trial Court and the High Court, therefore- can..

Posted in Civil Law |    hits

WILDLIFE PROTECTION AND CONSERVATION

 28 February 2008

Wild Life Protection Act, 1972 Reducing the area of Sanctuary through notifications of the State legislature ..

Posted in Others |    hits

Acquittal based on benefit of doubt.

 28 February 2008

"........as per Ballistic expert's opinion, cartridge E. C. 1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt. " ..

Posted in Criminal Law |    hits

Marine Insurance Act, 1963- S. 19

 27 February 2008

Where there has been a suppression of fact, acceptance of the policy by an officer of the insurance company would not be binding on it...

Posted in Corporate Law |    hits

Benefit of S. 6 of the Probation of Offenders Act ,1958.

 27 February 2008

when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probation of Offenders Act. This contention was neither taken in the sessions court nor in the..

Posted in Criminal Law |    hits

Retrenchment

 24 February 2008

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Central Excise Act- Related person concept

 24 February 2008

Whether the respondent was a fagade or dummy of BBL and/or whether the respondent and BBL are related persons within the meaning of Section 4 (a) and 4 (3) (b) of the Act..

Posted in Taxation |    hits

Passing Off and Infringement

 24 February 2008

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Infringement of Trade Mark

 24 February 2008

Trade and Merchandise Marks Act, 1958-Section 29 & 106- Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation h..


Power of Review

 24 February 2008

The scheme of the Code is clear that as a general rule, as soon as the judgment is pronounced or order is made by a Court, it becomes functus officio (ceases to have control over the case) and has no power to review, override, alter or interfere with..

Posted in Criminal Law |    hits

Acceptance of gift

 24 February 2008

Transfer of Property Act – Section 122, 123 - Gift deed - Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee – Indian Evidence Act, 1872 – Section 91 - While det..

Posted in Property Law |    hits

Section 56 of Contract Act

 24 February 2008

Specific Performance - Indian contract act, 1872 – Section 56 - Agreement to do an act impossible in itself is void – Agreement for sale and purchase of Thika Tenancy – Whether the specific performance of the agreement for sale becomes impossible of ..

Posted in Civil Law |    hits

Injunction in matters of bank guarantee

 24 February 2008

Decision that the existence of any dispute between the parties to the contract is not a ground to restrain the enforcement of Bank guarantees or Letters of Credit. However this court made two exceptions for grant of an order of injunction to restrain..

Posted in Corporate Law |    hits

Procedure of the Telecom Appellate Tribunal

 24 February 2008

Telecom Regulatory Authority of India Act, 1997 – Section 14, 14A, 16 - Establishment of Appellate Tribunal - Procedure and powers of the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) – Counter claim – Whether a counter claim by the Centra..

Posted in Corporate Law |    hits

Interference by the Supreme Court in cases of acquittal

 24 February 2008

It is now a well-settled principle of law that this Court in exercise of its jurisdiction under Article 136 of the Constitution of India would ordinarily not interfere with the judgment of acquittal, if two views are possible...

Posted in Criminal Law |    hits

Redemption of mortgage

 24 February 2008

Mortgage – Redemption of - Whether the plaintiff had a right to get possession on redemption of his mortgage ..

Posted in Civil Law |    hits

Specific Performance - What is readyness and willingness

 24 February 2008

Section 16 (c) Specific Relief Act - It is thus clear that an averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words. If the averments in the plaint as a whole do clearly indicate the ..

Posted in Civil Law |    hits









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