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Lawyersclubindia Judiciary

Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975

 06 September 2010

The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (‘Debt Relief Act’ for short) enacted by the Tamil Nadu Legislature came into force with effect from 10.1.2005. Section 4 of the said Act stayed all further proceedings in applicatio..

Posted in Others |   1491 hits

DEHAL SINGH Versus STATE OF HIMACHAL PRADESH

 06 September 2010

The case unfolded by the prosecution and accepted by both the Courts i.e. trial and appellate Court is that on 18th October, 2002 at 9.20 A.M. PW.16, Brijesh Sood, Station House Officer, Police Station Sundernagar along with PW.8, Madan Lal, Assistan..

Posted in Others |   1741 hits

Section 12A of the Kerala Forest Act, 1961

 06 September 2010

This appeal relates to the scope of an appeal against an appellate order under section 12A of the Kerala Forest Act, 1961 (‘Act’ for short). The State Government issued a notification under section 4 of the Travancore Forest Regulation II of 1068 ME ..

Posted in Others |   2099 hits

Orissa Electricity Reform Act, 1995

 06 September 2010

In exercise of the power under section 14(iv) of the Act, the State Government, by notification dated 30.3.1996, issued three licences to the appellant - the Provisional Orissa Transmission Licence 1996, Provisional Orissa Supply Licence (Bulk Supply..

Posted in Civil Law |   1870 hits

Hussainbhai Allarakhbhai Dariaya & Ors. Vs. State of Gujarat & Ors.

 06 September 2010

The appellants are aggrieved by the rejection of their application seeking permission to file a second appeal. The Samast Sunni Muslim Jamat, Damnagar (6th respondent herein, for short the ‘Jamat’) represented by its Secretary filed a suit against re..

Posted in Others |   2080 hits

Nahalchand Laloochand Pvt. Ltd. Versus Panchali Co-operative Housing Society Ltd.

 06 September 2010

Few important questions of law arise in this group of appeals. It will be convenient to formulate the questions after we set out the material facts and the contentions of the parties. The narration of brief facts from S.C. Suit No. 1767 of 2004 will ..

Posted in Others |   3718 hits

Section 110A of the Motor Vehicles Act, 1939

 06 September 2010

Ganga Prasad Gupta—the deceased, the husband of the first appellant and father of second, third and fourth appellant, was killed in a motor accident on July 8, 1985. He was then aged 39 and was officiating Executive Engineer in the Irrigation Departm..

Posted in Civil Law |   4711 hits

Section 25 F of the Industrial Disputes Act, 1947

 06 September 2010

The only question to be considered in this appeal by special leave is with regard to the relief of reinstatement granted to the respondent by the Single Judge of the High Court of Karnataka in his judgment and order dated August 13, 2001 and affirmed..

Posted in Labour & Service Law |   9177 hits

Maintenance

 02 September 2010

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Posted in Family Law 4 comments |   3628 hits

Yadava Kumar Versus The Divisional Manager, National Insurance Co. Ltd. & Another

 01 September 2010

. The material facts of the case are that, the appellant, a painter by profession, was 30 years old at the time of sustaining the injury in a road accident which took place on 24th March 2003 while the appellant was standing on the side of Nagavara R..

Posted in Others |   1741 hits

Hari Bansh Lal Versus Sahodar Prasad Mahto & Ors.

 01 September 2010

Sahodar Prasad Mahto, Respondent No.1 herein, claiming himself as Vidyut Shramik Leader, filed Writ Petition No. 5067 of 2008 before the High Court of Jharkhand challenging the appointment of Mr. Hari Bansh Lal, the appellant herein (Respondent No.5 ..

Posted in Others |   1412 hits

Section 13-B of the East Punjab Urban Rent Restriction Act, 1949

 01 September 2010

The Respondent herein filed an application for eviction of the Petitioner from the premises in question under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, hereinafter referred to as “the 1949 Act”. Notice of the application was i..

Posted in Others |   9309 hits

Union of India & Anr. Vs. Bhaskarendu Datta Majumdar

 01 September 2010

The respondent Bhaskarendu Datta Majumdar joined the services of the State Trading Corporation (hereinafter called “Corporation”) in April 2001 as Executive Secretary to the Chairman-cum-Managing Director of the Corporation and was on the relevant da..

Posted in Others |   1893 hits

Prahlad Mahto & Ors. Versus State of Jharkhand

 01 September 2010

We have heard the learned counsel for the parties and gone through the impugned judgments. We see that the High Court and trial court had found that the seven appellants were involved in the incident. The learned counsel for the appellants has, howev..

Posted in Criminal Law |   1242 hits

Sections 449 and 302 of the IPC

 01 September 2010

The learned counsel for the appellant has, first and foremost, pointed out that there was no reason whatsoever to disbelieve PW1 and PW2 as they were eye witnesses to the incident and also the closest relatives of the deceased. It has been further po..

Posted in Criminal Law |   1815 hits

Sections 302, 498A Indian Penal Code

 01 September 2010

The case of the prosecution was that, Shaminabee, since deceased, was married to one Shaikh Sattar (hereinafter referred to as the appellant) about four years before the fateful incident. Sk. Hasham (hereinafter referred to as A2) was the father-in-l..

Posted in Criminal Law |   1650 hits

Section 114, 143, 147, 148, 120(B) & 302 read with Section 149 of Indian Penal Code

 01 September 2010

These two appeals have been filed against the common judgment of the High Court of Kerala at Ernakulam dated 28.6.2004 in Criminal Appeal No. 432 of 2003 and Criminal Appeal No. 873 of 2003 whereby the High Court dismissed the appeal filed by the app..

Posted in Criminal Law |   2032 hits

Sections 384, 386, 506(ii), 120, 34 of Indian Penal Code, 1860

 01 September 2010

Facts and circumstances giving rise to the present appeal are that Mohd. Qureshi, one of the respondents, lodged a complaint dated 8.11.2005 with Deputy Commissioner of Police, CID (Unit III) against the Arun Gulab Gawali gang. The said complaint was..

Posted in Criminal Law |   6664 hits

Dr. M.S. Patil Versus Gulbarga University and Ors.

 01 September 2010

This case sadly illustrates how interim orders passed by the court coupled with judicial delays enure to the great advantage of the wrong doer and in the end make him bold in the false belief that with the passage of time the equity was now firmly ..

Posted in Others |   1380 hits

Shalimar Chemical Works Ltd. Versus Surendra Oil & Dal Mills (Refineries) & Ors.

 01 September 2010

This is the plaintiff’s appeal arising from a suit for permanent injunction based on allegations of infringement of its registered trade mark. The appellant is a company incorporated and registered under the Companies Act. The case of the appellant i..

Posted in Others |   1896 hits







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