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Lawyersclubindia Judiciary

Interpretation of Articles 275 and 282 of the Constitution

 12 May 2010

On 23.12.1993, the then Prime Minister announced the MPLAD Scheme. This scheme was formulated for enabling the Members of Parliament to identify small works of capital nature based on locally felt needs in their constituencies. The objective, as seen..

Posted in Constitutional Law |   8566 hits

EKNATH GANPAT AHER & ORS. Versus STATE OF MAHARASHTRA & ORS

 11 May 2010

By this judgment and order, we propose to dispose of the two appeals filed by the fourteen accused persons who have been convicted and sentenced by the 2nd Ad-hoc Additional Sessions Judge, Ahmednagar by judgment and order dated 10.09.2004 which has ..

Posted in Others |   1308 hits

Samir Chandra Das Versus Bibhas Chandra Das & Ors

 11 May 2010

Challenge in this appeal is to the Division Bench Judgment of the Calcutta High Court wherein the appeal filed by respondent herein, namely, Bibhas Chandra Das was allowed holding that no probate could be granted in favour of the present appellant, n..

Posted in Others |   2182 hits

Section 376 India Panel Code

 11 May 2010

This appeal by special leave is directed against the judgment of the Calcutta High Court setting aside the acquittal of the appellants herein under Section 376 IPC and sentencing them to suffer rigorous imprisonment for five years and to pay a fine o..

Posted in Constitutional Law |   2956 hits

Article 32 of the Constitution of India

 11 May 2010

This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Article 156 of the Constitution, has been referred to the Constitution Bench, by a two Judge Bench of this Court..

Posted in Constitutional Law |   4188 hits

Dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881

 11 May 2010

In the present case, the trial court had acquitted the appellant-accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 [Hereinafter ‘Act’]. This finding of acquittal had been made by the Addl..

Posted in Criminal Law 1 comments |   3772 hits

Dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881

 11 May 2010

In the present case, the trial court had acquitted the appellant-accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 [Hereinafter ‘Act’]. This finding of acquittal had been made by the Addl..

Posted in Criminal Law |   2965 hits

Section 260 (A) of the Income Tax Act, 1961

 11 May 2010

On a first flush, after bare perusal of the impugned order passed in Revenue Tax Appeal No. 1904 of 2005, decided on 8.8.2006 by Division Bench of the High Court of Gujarat at Ahmedabad, we thought of remanding the matter for a fresh decision on meri..

Posted in Taxation |   3275 hits

Section 40 of the Kerala Court-Fees and Suits Valuation Act, 1959

 11 May 2010

This appeal filed for setting aside order dated 21.7.2008 passed by the learned Single Judge of Kerala High Court in Writ Petition No.21820 of 2008 whereby he declined to interfere with the direction given by Sub Judge, Palakkad (hereinafter describe..

Posted in Corporate Law |   4785 hits

Secretary, Cannanore District Muslim Educational Association, Kanpur Versus State of Kerala and oth

 11 May 2010

. The Appellant had been applying for Higher Secondary courses ever since 1996. However, its applications were not considered by the respondents in light of the policy that the Government was allowing only those applicants who already had existing Hi..

Posted in Others |   1631 hits

M/s Jeevan Diesels & Electricals Ltd. Versus M/s Jasbir Singh Chadha (Huf) & Anr.

 11 May 2010

The material facts of the case are that the respondents-plaintiffs, claiming to be the landlords/owners of the premises bearing Flat No.205, (2nd Floor), Arunachal Building, 19, Barakhambha Road, New Delhi-110001 having area of 581 sq. ft., (super ar..

Posted in Others |   2840 hits

Doctrine of lis pendens

 10 May 2010

Transfer Of Property Act, 1882 - Interpretation of s. 43 - Suit for declaration pending - Respondent purchased the property - Doctrine of lis pendens - High Court held that s. 43 would applicable..

Posted in Civil Law |   3687 hits

Specific Relief Act

 10 May 2010

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Posted in Civil Law 1 comments |   3212 hits

Burglary insurance

 10 May 2010

The issue that came up for consideration in this case is, whether the loss of goods sustained by the insured, fall within the meaning of 'burglary' as stated in the insurance policy - Whether it is burglary or not, depends upon the facts and circumst..

Posted in Others |   2642 hits

Degree of Law obtained through open university is legal

 10 May 2010

Cancellation of Enrolment by Bar Council - Whether persons who obtained Post-graduate Degrees in Open Universities and thereafter joined the law course and completed, are entitled to be enrolled on the rolls of the Bar Council? ..

Posted in Constitutional Law |   4095 hits

Uttar Pradesh Zamindari Abolition and Land Reforms Act

 10 May 2010

consolidation proceedings under - revision application under - one of the grievances which has been raised by the appellants herein is that the order of Consolidation Officer dated 23.12.1981 and that of the Settlement Officer, Consolidation dated 2..

Posted in Civil Law |   7920 hits

Sec 10B: Speculation business cannot be considered as business of undertaking

 10 May 2010

Where business of the undertaking was to manufacture and export readymade garments, the CIT (A) was not justified in holding that profit from forward contract is to be included in the profit of the business of the undertaking for the purposes of comp..

Posted in Taxation |   1070 hits

Selection

 10 May 2010

Service - Post of Extra Departmental Branch Post Master - Process of selection - Appellant got selection - Respondent No.5 has been allowed and appointment of the appellant has been set aside..

Posted in Labour & Service Law |   2014 hits

Customs Act

 10 May 2010

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Posted in Constitutional Law |   1837 hits

Regularisation of daily wage workers

 10 May 2010

Regularisation of daily wage workers - employed on daily wage basis in the Irrigation and public Health wings of the Himachal Pradesh Public works Department - Classified as class III and class IV employees who are being paid minimum wages prescribe..

Posted in Labour & Service Law |   15148 hits







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