(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..
Constitution of India, Articles 226/227, Entries 77,78,95 of List I, Entry 65 of List II and Entry 11-A of List III - Companies Act, 1956 - Companies (Second Amendment) Act, 2002 - Providing for setting up of the National Company Law Tribunal and Nat..
(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..
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..
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 ..
(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..
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..
(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..
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..
EXHAUSTION OF REMEDIES PER AGREEMENTS - A PRE CONDITION TO APPROACHING THE COURT The Supreme Court of India (“Court”) on August 18, 2008 in Northern Railway Administration, Ministry of Railway, New Delhi Vs. Patel Engineering Company Ltd determine..
Section 147 of Motor Vehicle Act, 1988-Pillion-rider not covered Under statutory insurance policy. ..
Builder is a service provide..
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..
(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..
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 ..
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..