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Lawyersclubindia Judiciary

NDPS Act Bail

 05 June 2008

We cannot accept the contention that in a matter involving seizure of commercial quantity of a substance prohibited by the NDPS Act when the Public Prosecutor appears on notice of the bail application he would be standing there as a mute spectat..

Posted in Criminal Law |    hits

Scope of 498-A

 05 June 2008

Section 498A. Explained...

Posted in Family Law |    hits

appeal (civil)3055 of2008

 02 June 2008

legal question that needs to be considered by us is: Whether the appellant insurance company could be held liable to pay the amount of compensation for the default of the scooterist who was not holding licence for driving two wheeler scooter but had..

Posted in Civil Law |    hits

Credit to P & L Account-Whether income?

 01 June 2008

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Posted in Taxation |    hits

human rights commission in the state

 29 May 2008

Issuance of mandamus to the U.P. state to set up a human rights commission in the state as well as designate a sessions' court in every district as a human rights court under the protection of human rights act. ..

Posted in Constitutional Law |    hits

91 cr.p.c

 22 May 2008

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Posted in Criminal Law |    hits

Judicial Propriety

 21 May 2008

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Posted in Civil Law |    hits

Criminal revision against the order of registration of F.I.R

 14 May 2008

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Posted in Criminal Law |    hits

Fine cannot be imposed for the offence punishable under Section 304-B

 14 May 2008

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Posted in Criminal Law |    hits

Bar Council’s role in Legal Education reiterated

 12 May 2008

The Supreme Court categorically ruled that as the apex professional body the Bar Council of India is concerned with the standards of the legal profession and the equipment of those who seek entry into that profession. The Court further upheld the BC..

Posted in Others |    hits

Dying Declaration

 12 May 2008

In this case there were two dying declarations though one was made before the Magistrate. But the forensic expert opinion which remained unimpeached raised doubt as regards the condition of the deceased to make a voluntary and truthful statement. Aft..

Posted in Criminal Law |    hits

Equal pay for equal work

 12 May 2008

The Supreme Court by affirming the order of Allahabad High Court held that when persons are discharging same functions and duties there is no reason to refuse some benefits to some of them and treat them differently. The Government of India granted v..


Presumption of joint family

 12 May 2008

In a suit for partition, the court has observed: The fact that persons were residing together or processing some cultivating lands jointly, by itself would not give rise to a presumption that there existed a joint family fund having a joint nucleus...

Posted in Family Law |    hits

Powers of Appellate Courts

 12 May 2008

The Supreme Court has identified the powers of appellate courts while dealing with an appeal against an order of acquittal thus: - 1. An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acqui..

Posted in Constitutional Law |    hits

Criminal cases are decided on facts and evidence

 12 May 2008

The Supreme Court in Sayarabano @ Sultanabegum v. State of Maharashtra, Cr. App. No. 141 of 2006 dismissed the appeal filed by the appellant against her conviction under S.302 IPC on the charge of murdering her daughter-in-law by burning. Though the ..

Posted in Criminal Law |    hits

Presumption of marriage is rebuttable

 12 May 2008

When Section 50 read with Section 114 of the Indian Evidence Act, 1872, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of particular case. Th..

Posted in Family Law |    hits

Intention and Recklessness - Distinguished

 12 May 2008

The Supreme Court in Naresh Giri v. State of M.P. in App. No. 1530/2007 distinguished the mental state required under section 302 IPC from the one required under section 304A IPC. It was a case wherein the driver of a bus, which was hit by a train in..

Posted in Criminal Law |    hits

Delay is no ground for refusing amendment of pleadings

 12 May 2008

While allowing the prayer for amendment of the written statement by setting aside the order of Special Court (Trial of offences relating to Transactions in Securities) the Court observed thus: (i) delay is no ground for refusal of prayer for amendm..

Posted in Civil Law |    hits

Appeal against a consent decree is not maintainable

 12 May 2008

Two important issues involved in this case are (i) whether the appeal against the consent decree is maintainable? And (ii) whether the compromise statement of the appellant’s counsel and respondent’s counsel recorded by the court is a valid compromis..

Posted in Civil Law |    hits

Judgment-meaning

 12 May 2008

The Supreme Court explained the meaning and content of judgment thus:- "The declaration by a judge of his intention of what his 'judgment' is going to be, or a declaration of his intention of what final result it is going to embody, is not a judgeme..

Posted in Others |    hits





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