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Lawyersclubindia Judiciary

whether or not time was of the essence of the contract

 27 July 2008

HIND CONSTRUCTION CONTRACTORS PETITIONER: Vs. THE STATE OF MAHARASHTRA RESPONDENT..

Posted in Others |    hits

Fraud upon court

 26 July 2008

parties playing fraud up-on court are to be thrown outside court at any stage of proceedings..

Posted in Civil Law |    hits

DEATH PENALTY VS. LIFE IMPRISONMENT

 26 July 2008

When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalt..

Posted in Criminal Law |    hits

eye witnesses Vs Medical Evidence

 24 July 2008

It is trite that where the eyewitnesses' account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive. Witnesses, as Bentham said, are the eyes and ears of justice. Hence the importa..

Posted in Criminal Law |    hits

Dowry Death - When to raise presumption

 24 July 2008

The explanation to Section 113-A further clarifies that cruelty shall have the same meaning as in Section 498-A of the IPC. Under Section 113-A of the Evidence Act, the prosecution has first to establish that the woman concerned committed suicide wi..

Posted in Criminal Law |    hits

Right to have Reasoned Order

 24 July 2008

Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against hi..

Posted in Civil Law |    hits

depravated acts of the accused calls for only death sentence

 24 July 2008

The depravated acts of the accused i.e., committing rape and killing of girl of 5 yeaqrs, calls for only one sentence i.e., death sentence..

Posted in Criminal Law |    hits

Appointment of Public Prosecutor by different state

 24 July 2008

State Government, within whose jurisdiction trial of criminal case takes place whether on transfer or otherswise, alone competent to appoint Public Prosecutor to conduct the case. The State Government from which state the case is transferred has no..

Posted in Criminal Law |    hits

not mandatory for accused to be witness in NI Act SC

 23 July 2008

An accused for discharging the burden of proof placed upon him under a statute need not examine himself. He may discharge his burden on the basis of the materials already brought on records. An accused has a constitutional right to maintain silence. ..

Posted in Criminal Law |    hits

Limitation for Probate & LoA of a Will

 19 July 2008

The right to apply actually arose on 9.8.1999 when the proceedings were withdrawn by Smt. Nirmal Jeet Kaur. Since the petition was filed within three years, the same was within time. ..

Posted in Property Law |    hits

498A Cruelty - Not proved by the Wife.

 10 July 2008

498A creulty not proved, a detail judgement from the Apex Court..

Posted in Family Law |    hits

Sale when taxable

 10 July 2008

Whendoes sale become taxable..

Posted in Taxation |    hits

Builder cannot sell stilt car park

 10 July 2008

Builder is liable to provide the car parking spaces in accordance with the provisions of D.C. Regulation No. 36. The area of the stilt parking space is not included in the FSI nor is it assessable for the Corporation taxes. Thus it should be availabl..

Posted in Property Law 1 comments |    hits

Bharat Sanchar Nigam Ltd. and Anr. vs Union of India and Ors

 26 June 2008

the nature of the transaction by which mobile phone connections are enjoyed. Is it a sale or is it a service or is it both? If it is a sale then the States are legislatively competent to levy sales tax on the transaction under Entry 54 List..

Posted in Taxation |    hits

Dowry harassment - delay in filing Complaint consequences

 26 June 2008

The Trial Court dismissed the complaint on the ground that there was delay of more than nine months in lodging the complaint and that the allegations were vague and unspecific and the case was filed only to harass the appellants. ..

Posted in Family Law |    hits

498A between Doctors

 26 June 2008

Action under section 498A between two Doctors...

Posted in Criminal Law |    hits

498A case law

 26 June 2008

Commission of offences punishable under Sections 498-A, 406, 323, 506, 148 and 149 of the Indian Penal Code, ..

Posted in Criminal Law |    hits

NO NEED TO PROVE DISABLITY (MACT

 25 June 2008

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Posted in Civil Law 1 comments |    hits

Bank guarantees, LoCs are absolute

 25 June 2008

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Posted in Civil Law |    hits

Conviction only if Cheque issued for Discharge of Debt: SC

 25 June 2008

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Posted in Criminal Law |    hits








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