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Others Judgments and Orders

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 |   3958 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 |   1891 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 |   1637 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 |   9567 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 |   2013 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 |   1513 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 |   2040 hits

Oriental Insurance Co. Ltd. Versus Dharam Chand & Ors.

 01 September 2010

In this case, the premium cheque for the insurance policy was received by the appellant, the insurance company, on May 7, 1998 at 4.00 pm and a cover note was issued at the same time. In columns 3 & 4 of the cover note, however, it was stated that th..

Posted in Others |   2227 hits

Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953

 01 September 2010

Ravi Dutta Singh (2nd appellant) is father of Sukhendra Singh ( 1st appellant). They initiated two separate proceedings under Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953 (for short, ‘1953 Act’) against Gaon Sabha, Lakanpur (now Gra..

Posted in Others |   4749 hits

Bhakra Beas Management Board Versus Krishan Kumar Vij & Anr.

 25 August 2010

For the sake of convenience, facts appearing in Civil Appeal No.3439 of 2007 are being taken into consideration. Respondent No.1, Krishan Kumar Vij had initially joined the services of the State of Punjab, Department of Irrigation as Tracer in 1949. ..

Posted in Others |   2199 hits

State of Madhya Pradesh Versus Pramod Kumar Shukla & Anr.

 25 August 2010

One single individual, a compounder in an autonomous government Ayurved college went to the High Court, complaining about his aborted transfer to another autonomous Ayurved college. The High Court while dismissing his writ petition/appeal made certai..

Posted in Others |   2282 hits

Rule 14 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965

 25 August 2010

The respondent was an employee of the Geological Survey of India (hereafter ‘GSI’) and at the material time he was holding a Group ‘B’ post. He was due to superannuate from service on November 30, 2000. On November 24, 2000, he was served with a show..

Posted in Others |   7099 hits

Compensation in terms of section 140 of the Act

 20 August 2010

On March 31, 1999, one Ramniwas while going on a motorcycle dashed against the rear side of a truck that was headed in the same direction as the motorcycle. Ramniwas died in the accident. His heirs and legal representatives, the appellants before thi..

Posted in Others |   3079 hits

Revision of Pay and Allowances Rules, 1981

 20 August 2010

In the year 1982, three Senior Laboratory Assistants filed a Writ Petition in the Calcutta High Court claiming scale no. 11 under ROPA Rules on the allegation that they were performing similar duties as that of Senior Research Assistants. The said Wr..

Posted in Others |   8744 hits

Andhra Pradesh Land Grabbing (Prohibition) Act, 1982

 20 August 2010

Judicial pronouncements unlike sand dunes are known for their stability/finality. However, in this case, in spite of the completion of several rounds of litigation upto the High Court, and one round of litigation before this Court, the respondents cl..

Posted in Others |   4960 hits

The U.P. Urban Buildings (Regulation of Lettings, Rent and Eviction) Act, 1972

 18 August 2010

The brief facts are these. Trust of Jama Masjid Nawab Abdul Nabi Khan Chauk Bazar, Mathura (hereinafter referred to as ‘landlord’) owns a piece of land admeasuring 914.89 sq. yds. Situate in Mohalla Naugaza, Mathura (for short, ‘the said land’/ ‘the ..

Posted in Others |   6215 hits

Section 9-A(2) of U.P. Consolidation of Holdings Act, 1953

 18 August 2010

Facts and circumstances giving rise to this case are that one Chandra Deo Singh was recorded as the khatedar of Khata Nos.485, 620, 146 and 66 of Village Bhojapur and Khata No.21 of Village Kanshari. The respondents in appeal, Rajni Kant and Anjani K..

Posted in Others |   8818 hits

Section 41(8) of the U.P Trade Tax Act, 1948

 16 August 2010

The question for determination in these Civil Appeals is whether the ‘Voltage Stabilizer’ manufactured and sold by the assessee (respondent herein) ought to be taxed as electrical goods under Entry No. 16 of Schedule to U.P. Trade Tax Act, 1948 or as..

Posted in Others |   3412 hits

The Probation of Offenders Act, 1958

 16 August 2010

Facts and circumstances giving rise to the present case are that the appellant was appointed as a Peon in the respondent-Bank, Kaithal Branch, on 01.12.1971 and stood confirmed on the said post vide order dated 28.12.1977. The appellant was handed ov..

Posted in Others |   4009 hits

J.S. SEKHON Versus UNION OF INDIA

 16 August 2010

This Civil Appeal is directed against the judgment of the High Court of Jammu & Kashmir dated 2.4.2002. By the aforesaid order, the Division Bench of the High Court upheld the order of the learned Single Judge of the High Court of Jammu & Kashmir, di..

Posted in Others |   2301 hits