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Lawyersclubindia Judiciary

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 |   2163 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 |   2650 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 |   2192 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 |   4688 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 |   2663 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 |   1434 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 |   3591 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 |   3789 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 |   3211 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 |   7636 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 |   2740 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 |   4347 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 |   10715 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 |   1548 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 |   4111 hits

Section 35- L(b) of the Central Excise Act, 1944

 26 October 2010

These appeals filed by the Revenue under Section 35- L(b) of the Central Excise Act, 1944 (for short “the Act”) are directed against the order and judgment dated 21st August 2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, (f..

Posted in Taxation |   1747 hits

Section 35L(b) of the Central Excise Act, 1944

 26 October 2010

These civil appeals under Section 35L(b) of the Central Excise Act, 1944 (for short “the Act) are directed against the order dated 21st January 2002 passed by the Customs, Excise & Gold (Control) Appellate Tribunal (for short “the Tribunal), as it th..

Posted in Taxation |   1451 hits

Section 130E of the Customs Act, 1962

 26 October 2010

This civil appeal under Section 130E of the Customs Act, 1962 (for short “the Act”) is directed against order dated 2nd February 2005, passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “the Tribunal”), whereby the appeal pre..

Posted in Taxation |   1809 hits

Section 11 of the Arbitration and Conciliation Act, 1996

 26 October 2010

A loan agreement dated 28.10.1995 was entered between the lender, the borrower, and the third respondent as the guarantor, in regard to the lending of a sum of Rs.50 lakhs. The agreement provided that the amount advanced had to be repaid within three..

Posted in Corporate Law |   3675 hits

State of Punjab & Anr. Vs. Dr. Viney Kumar Khullar & Ors.

 26 October 2010

The Government of Punjab issued a prospectus notification dated 17.3.2008 (for short the ‘Prospectus’) regarding admission to post graduate degree/diploma in Medical/ Dental Courses for the year 2008. Clause 14 relates to allocation of seats and rele..

Posted in Others |   2261 hits







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