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Judgments and Orders

Equal pay for equal work

 04 September 2008

(A) Bihar Non Government Secondary School (Taking over Management and Control) Act, 1981, Sections 2(d), 3 and 19 - Proprietary School - Grant of recognition - To take over the school - Direction sought - School being managed by managing Committee an..

Posted in Others |    hits

Freedom Fighters Pension

 04 September 2008

Constitution of India, Articles 14 and 226 - Swantentrata Samman Sainik Pension Scheme, 1980 - Freedom fighters pension - Separation of power - Judicial restraint - If the order passed by the Union of India is not justifiable on Wednesbury principles..

Posted in Constitutional Law |    hits

Award - Non application of mind

 04 September 2008

Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..


Child Witness

 04 September 2008

(A) Indian Evidence Act, 1872- Section. 3- Child witness- Evidence of –Credibility- Murder case- Version of child witness is contrary to prosecution version- During investigation, witness not stated name of accused while in statement before Court wit..

Posted in Criminal Law |    hits

Written Statement

 04 September 2008

Civil Procedure Code, 1908, Order 9 Rule 13 and Order 17 Rule 2 Written statement - Filing of - Extension of time - Ex part decree - Settings aside of - Condition that written statement to be filed within two weeks with cost - Extension of time sough..

Posted in Civil Law |    hits

Will- Genuineness

 04 September 2008

(A) Will - Genuineness - Burden of proof - Is on propounder of the Will to remove any suspicious circumstances. (Para 7) (B) Will - Genuineness - Finding of fact - Finding of High Court as well as First appellate Court is that there were suspici..

Posted in Others |    hits

Appeal against Acquittal

 04 September 2008

A. Criminal Procedure Code, 1973 ― Section 378 ― Appeal against acquittal ― Powers of appellate Court in dealing with ― General principles regarding such powers enumerated in detail. In view of Apex Court the following gene..

Posted in Criminal Law |    hits

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not cov

 03 September 2008

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not covered Under statutory insurance policy. ..

Posted in Others |    hits

Works Contract Tax Under VAT

 01 September 2008

Works Contract..

Posted in Taxation |    hits

Service Provder

 01 September 2008

Builder is a service provide..

Posted in Taxation |    hits

Question of LAW

 01 September 2008

Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to answer..

Posted in Others |    hits

Unsoundness of Mind

 01 September 2008

(A) Evidence Act, 1872, Section 105 - Penal Code, 1860, Section 84 - Unsoundness of mind - Burden of proof - Is on accused - Not so onerous as that upon the prosecution to prove criminal charge - Where during investigation previous history of insanit..

Posted in Criminal Law |    hits

UCO BANK & ANR v. RAJINDER LAL CAPOOR

 30 August 2008

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Posted in Civil Law |    hits

Amendment of Plaint

 30 August 2008

Amendment of plaint - Introducing a certified copy of the lease deed in evidence - Declaratory suit for joint title and recovery of possession - Ancient document of 1875 relied upon by plaintiff - Appellate court ought to have granted opportunity to ..

Posted in Civil Law |    hits

Negligence - 304A IPC

 30 August 2008

Penal Code, 1860, Section 304A - Negligence - Death of deceased by electrocution - Defence of accused that to prevent wild animals from going into filed, he had put the wire - Probability of defence version is borne out from various factors - Two pol..

Posted in Criminal Law |    hits

Suspension of sentence during pendency of appeal

 28 August 2008

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Posted in Criminal Law |    hits

Suspension of sentence during pendency of Appeal.

 28 August 2008

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Posted in Criminal Law |    hits

Action against delinquent Police Officers for not reg. FIR

 28 August 2008

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Posted in Criminal Law |    hits

Right to emergency care

 28 August 2008

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Posted in Others |    hits

Pension should be paid in first week

 23 August 2008

Every pensioner whether he/she is employee of Government of India, State Government, Corporation or public sector is entitled to pension on the beginning of every month. ..

Posted in Corporate Law |    hits