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Lawyersclubindia Judiciary

N. Srihari (dead) through LRs. & Ors. Versus N. Prakash & Ors

 03 November 2010

After the death of N. Saya Goud, the properties covered by the Will came into exclusive possession and enjoyment of N. Chandramma and N. Pentamma. Subsequently, the said two beneficiaries of the Will purchased the rights of the Pattadar under an unre..

Posted in Others |   1399 hits

National Council for Teacher Education Act, 1993

 03 November 2010

The State of Uttar Pradesh and its authorities are in appeal before us challenging the correctness of the judgment rendered by a Full Bench of the High Court of Judicature at Allahabad whereby and whereunder the High Court held that the restriction a..

Posted in Others |   3812 hits

Section 439 of the Code of Criminal Procedure, 1973

 03 November 2010

This appeal, by special leave, is directed against order dated 11th January, 2010 passed by the High Court of Calcutta in C.R.M. No. 272 of 2010, granting regular bail to respondent No. 1 in this appeal (hereinafter referred to as “the accused"), und..

Posted in Criminal Law |   3824 hits

Valuation in terms of Section 14 of Customs Act, 1962

 03 November 2010

Challenge in this appeal, by the revenue, under Section 130E(b) of the Customs Act, 1962 (for short “the Act”) is to the order dated 10th December 2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, (for short “the Tribunal”) where..

Posted in Taxation |   2431 hits

Section 4(1) of the Land Acquisition Act, 1894

 03 November 2010

This appeal arises out of the judgment and order dated 18th April 2001, delivered by a Division Bench of the High Court of Judicature at Madras, affirming the judgment of a Single Judge of the High Court in W.P. No. 108 of 1998, setting aside Notific..

Posted in Property Law |   3939 hits

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985

 01 November 2010

The short question arising for consideration in this batch of appeals is whether Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) casts a duty on the empowered officer to ‘inform’ the suspect of his ri..

Posted in Criminal Law |   2147 hits

Section 302 of the Penal Code

 01 November 2010

This appeal is directed against the judgment and order dated October 6, 2006 passed by the Allahabad High Court in Government Appeal No.1890/1991 and Criminal Revision No.1140/1991. The High Court, setting aside the judgment of acquittal passed by th..

Posted in Criminal Law |   2625 hits

Section 302 of the IPC

 01 November 2010

Being aggrieved by the Judgment delivered in Criminal Appeal No.935 of 2005 and in Criminal Appeal No. 798 of 2006 by the Rajasthan High Court, Criminal Appeal No.705/2008 and Criminal Appeal No.561 of 2008 have been filed respectively. The appellant..

Posted in Criminal Law |   2181 hits

Section 304/34, 147 and 323 IPC as well as under Section 24 of the Cattle Trespass Act, 1871

 29 October 2010

These appeals by the State of U.P. are directed against the judgment of the High Court of Judicature at Allahabad dated 7.9.2001 rendered in Criminal Appeal No. 642 of 1988 and Criminal Revision No. 611 of 1988. By the aforesaid judgment, the High Co..

Posted in Criminal Law |   4675 hits

Section 19 of the Consumer Protection Act, 1986

 29 October 2010

This appeal is directed against the order of the National Consumer Disputes Redressal Commission (for short, ‘the National Commission’) whereby the appeal preferred by the respondent under Section 19 of the Consumer Protection Act, 1986 (for short, ‘..

Posted in Others |   2651 hits

Criminal appeals filed by the Central Bureau of Investigation against the orders

 29 October 2010

This order will dispose of all these criminal appeals filed by the Central Bureau of Investigation against the orders dated 20.7.2010 and 18.08.2010 passed by the High Court of Andhra Pradesh at Hyderabad by which the respondents herein (accused Nos...

Posted in Criminal Law |   1418 hits

Requisitioning and Acquisition of Immovable Property Act, 1952

 29 October 2010

Whether the land owners were entitled to enhancement of compensation beyond Rs.200/- per marla determined by the learned Single Judge. The questions arise in the following backdrop. A large extent of land situate in the outskirts of Pathankot in the ..

Posted in Property Law |   3535 hits

Sections 4 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973

 29 October 2010

Brief facts : (a) The Tehsildar, Phagwara, Appellant No.3 herein, filed two eviction petitions under Sections 4 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as “the Act”) against Brah..

Posted in Others |   3771 hits

Sections 343 and 120B I.P.C.

 29 October 2010

The prosecution case is that one Jugta Ram, the injured witness in this case, was an employee of one Bheru Singh and was working in his liquor shop. Jugta Ram also lived in the house of Bheru Singh in one room of the upper floor, while the family of ..

Posted in Criminal Law |   3199 hits

Section 100-A of the Code of Civil Procedure

 29 October 2010

The short question in the case is whether a Letters Patent Appeal (for short `LPA’) is maintainable before the Division Bench against the judgment of the learned Single Judge of the High Court. Dated 6.8.2008. Since there was conflict of opinion betw..

Posted in Civil Law 2 comments |   7606 hits

Rule 13 Code of Civil Procedure

 29 October 2010

The respondent herein filed suit no. 508 of 1983 before the Additional Civil Judge, Allahabad against the appellants for the relief of declaration that she was also one of the owners and co-sharers in the property constituting a house numbering 172, ..

Posted in Civil Law |   2725 hits

Madhya Pradesh Panchayat Contractual Teachers (Conditions of Appointment and Service) Rules, 2001

 26 October 2010

These appeals arise from the decision delivered on 06.08.2004 by the High Court of Madhya Pradesh in Review Petitions 1071/2003, 1074/2003, and decision of the High Court of Madhya Pradesh in WP(C) 63/2002 and WP (C) 1529/2001 dated 03.11.2003. The R..

Posted in Others |   4334 hits

Sections 341, 323 & 506 IPC & Sec 3(i)(x) & 2(vii) of SC & ST (Prevention of Atrocities) Act, 1989

 26 October 2010

This appeal by special leave arises out of an order passed by the High Court of Jharkhand at Ranchi whereby a petition under Section 482 Cr.P.C. filed by the appellant has been dismissed and an order dated 20th March, 2003 passed in Criminal Revision..

Posted in Constitutional Law |   10694 hits

Sadaram Suryanarayana & Anr. Versus Kalla Surya Kantham & Anr.

 26 October 2010

The appellants are the sons of late Smt. Sadaram Appalanarasamma while the respondents are her daughter and son-in-law. The property in dispute consisting of four eastern portions (two on the ground floor and two on the first floor) bearing door Nos...

Posted in Others |   1496 hits

Bengal Finance (Sales Tax) Act, 1941

 26 October 2010

The material facts are :- The assessee is M/s Tulip Products Co., a partnership firm having a fruit processing unit at 37, Imjad Ali Lane, Calcutta. It is a small scale industrial unit. The Unit is engaged in manufacturing juice, jelly, jam etc. The..

Posted in Taxation |   4100 hits







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