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Lawyersclubindia Judiciary

Validity of Shorter Limitation

 18 September 2008

Major Port Trust Act, 1963 - Section 120 - Notice - Limitation - Validity of Shorter Limitation - A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a l..

Posted in Civil Law 1 comments |    hits

Condone the Delay in Filing Appeal

 18 September 2008

Telecom Regulatory Authority of India Act, 1997 - Section 14 A (2) (3) & 18 - Statutory Appeals - Condone the Delay in Filing Appeal - Point in issue was of general importance and since there was no Authoritative Pronouncement - Whether "in the facts..

Posted in Civil Law |    hits

Costs

 18 September 2008

(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..

Posted in Civil Law |    hits

Murder & Attempt to Murder

 18 September 2008

(A) Indian Penal Code, 1860-Sections. 300, 302, 307 r/w 34- Murder and attempt to murder- Common object-Proof-Deceased and his injured brother allegedly stabbed by appellants while they were returning home- Material change and an improvement in state..

Posted in Criminal Law |    hits

MAintainability of a Complaint

 18 September 2008

A. Criminal Procedure Code, 1973- Section-181(4) – Territorial Jurisdiction – Offence of criminal breach of trust and cruelty – case registered under sections. 406/498-A I.P. C. - Allegation that petitioners, in-laws husband harassed the complainan..

Posted in Criminal Law |    hits

Material Supression of Fact in a Criminal Case

 18 September 2008

A. Criminal Procedure Code, 1973 – Section 144- Dispute between landlord and tenant – Validity of order passed by Executive Magistrate restraining tenant from entering premises – Landlord’s application under section 144 for possession of premises- re..

Posted in Constitutional Law |    hits

Jurisdiction of Family Courts

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..

Posted in Civil Law |    hits

Maintenance of Unmarried Daughter

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125(1)(c) ― Word ‘injury’ used in Section 125(1)(c) ― Need not necessarily denote ‘physical injury’ for it can be mental injury as well ― It has to be read in the context of inability..

Posted in Civil Law |    hits

Misconduct of Conductor

 18 September 2008

Removal - Misconduct - Breach of faith - Respondent, conductor issued ticket of 0.50 paisa denomination instead of Rs. 4/- to 16 lady passengers - Guilty of serious misconduct and the gravity of the misconduct cannot be minimized by the fact that he ..


Reference - Only a question of law can be answered

 18 September 2008

(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..

Posted in Others |    hits

Transfer of a WRIT

 18 September 2008

Constitution of India, Article 139-A(2) - Transfer petition - Transfer of petition from Madras High Court to Delhi High Court where other writ petitions involving identical issues are pending - Writ transferred to Delhi High Court. (Paras 5) ..


Works Contract

 13 September 2008

Judgement in the case of K Raheja Development Corporation has been referred for larger bench..

Posted in Taxation |    hits

Relevancy of fact

 11 September 2008

(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..

Posted in Civil Law |    hits

Rejection of Plaint

 11 September 2008

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Posted in Civil Law |    hits

Section 482 Cr.P.C

 11 September 2008

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Posted in Criminal Law |    hits

Interim injunction

 05 September 2008

(A) Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Trade Marks Act, 1999, Sections 29 and 106 - Interim injunction - c - Appellant prior user of trade mark 'Glucon-D' and specific packaging - The term 'Glucose-D' used by respondent from the yea..


discrimination and personal bias in vigilance action

 05 September 2008

due to the personal srtain relationship..


Right to Propogate

 05 September 2008

The word 'propogate' has been used in the Article as meaning to transmit or spread from person to person or from place to place. The Article does not grant right to convert other person to one's own religion...

Posted in Constitutional Law |    hits

Compromise

 04 September 2008

Appeal - Compromise - Memorandum of compromise arrived at between the parties - Appeal disposed of in terms of compromise - This compromise will form part of decree. (Paras 2 and 3)..

Posted in Civil Law |    hits

Costs

 04 September 2008

(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..

Posted in Civil Law |    hits







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