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Civil Law Judiciary

Doctrine of res ipsa loquitur upheld while granting compensation to former HC Judge

 24 January 2014

The three member bench presided by judge C.K. Chaturvedi awarded a compensation of Rs.50,000/- to the complainant, Justice Dilip Raosaheb Deshmukh, together as a consolidated damages for deficiencies etc., and award Rs.10,000/- for litigation expens..

Posted in Civil Law 3 comments |   2774 hits

Delhi HC restraining order from reporting allegations against Justice Swatanter Kumar

 17 January 2014

Important highlights from the judgment by Justice Manmohan Singh: ''It is thus a question of fact which has to be examined on case to case basis as to what constitutes the offending publication which may result in future obstruction of justice a..

Posted in Civil Law |   2402 hits

In case of failure of any party to appoint arbitrator chief justice under section 11(6) is responsible to take necessary steps

 24 May 2013

The questions that arise for consideration in this appeal, by special leave are, whether respondent No. 1 has forfeited its right to appoint the arbitrator having not done so after the demand was made and till the appellant had moved the court under ..

Posted in Civil Law |   2474 hits

Is the claimant entitled to recover escalation in wages and if so to what extent

 23 May 2013

The appellant, National Thermal Power Corporation Limited (for short ‘NTPC’) is a Government Company registered under the provisions of the Companies Act, 1956. It is engaged in construction/project for generation, operation, transmission and mainten..

Posted in Civil Law |   1800 hits

Unauthorized occupants of premises after termination of tenancy by notice

 28 November 2012

Impugned order of 31st May, 2011 upholds petitioner’s eviction from ground floor and mezzanine floor of premises No.12/90 at Cannaught Place, New Delhi (henceforth referred to as the ‘subject premises’). Respondent- a nationalized bank had purchased ..

Posted in Civil Law 3 comments |   6287 hits

Application for seeking direction after passing order

 23 November 2012

These are the applications for seeking certain directions in view of the subsequent developments after the order passed on 5.7.2012. We have heard Mr. C.A. Sundaram, learned senior counsel for the petitioners and Mr. Mukul Rohtagi and Mr. Jaideep..

Posted in Civil Law |   1738 hits

Compensation to a victim in accident granted under two head pain and suffering and loss of amenities of life

 20 November 2012

Despite many a pronouncement in the field, it still remains a challenging situation warranting sensitive as well as dispassionate exercise how to determine the incalculable sum in calculable terms of money in cases of personal injuries. In such asses..

Posted in Civil Law |   2045 hits

As per section 11(2) parties can agree the appointing of arbitrator and in the absence of such agreement section 11(3) to be followed

 20 November 2012

These appeals have raised the question about the procedure that is being followed by Calcutta High Court in consideration of the applications under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, ‘1996 Act’). When the special lea..

Posted in Civil Law |   1523 hits

No recognition can be granted to any institution for conducting teacher training course unless fulfillment of conditions laid in Sections 14(3) or 15(3) read with Regulations 7 and 8

 19 November 2012

Acquisition of knowledge and obtaining of necessary training for imparting education have their immense signification. As C. immons would like to put it “The secret of successful teaching is to teach accurately, thoroughly, and earnestly” and one may..

Posted in Civil Law |   1590 hits

Exercise of power by president under Article 143(1) of the Constitution of India

 19 November 2012

In exercise of powers conferred under Article 143(1) of the Constitution of India, the President of India has on 12th April, 2012, made the present Reference..

Posted in Civil Law |   3999 hits

Authority of central information commission under section 8(1)(j) to deny information of respondents by considering personal

 17 November 2012

We are, in this case, concerned with the question whether the Central Information Commissioner (for short ‘the CIC’) acting under the Right to Information Act, 2005 (for short ‘the RTI Act’) was right in denying information regarding the third respon..

Posted in Civil Law |   1676 hits

Principle of ‘equal pay for equal work’ requires consideration of various dimensions of a given job

 17 November 2012

The appellant was initially appointed as a Laboratory Assistant in Group D on 29th December, 1961 in the National Dairy Research Institute (hereinafter referred to as ‘NDRI’). On 13th January, 1966, he was promoted as a Lower Division Clerk (Junior C..

Posted in Civil Law |   4057 hits

In the absence of illegality in procedure adopted in appeal is allowed

 02 November 2012

We are, in these appeals, called upon to consider the question whether the Division Bench of the Orissa High Court was justified in directing Orissa State Financial Corporation (OSFC) and Industrial Promotion and Investment Corporation of Odisha Ltd...

Posted in Civil Law |   1495 hits

Tariff Entry 8529 of the Central Excise Tariff contained in the First Schedule to the Central Excise Tariff Act,1985 / Television Receivers under Tariff Entry 8528 of the Tariff

 10 October 2012

Facts - The appellant is a manufacturer of various components of television sets. The components are manufactured at its factory at Delhi. - The appellant was issued a show-cause notice dated 21.3.1990 by the Assistant Collector, New Delhi, where..

Posted in Civil Law |   1937 hits

No provision in Section 219 prior to the amendment application address to any one cannot entertained any further application by same person

 29 September 2012

On May 4, 1992 Naib Tehsildar, Bithoor, Kanpur Nagar, allowed the application for mutation made by the appellant. Aggrieved by the order of the Naib Tehsildar, the present respondents preferred appeal under Section 210 of Uttar Pradesh Land Revenue A..

Posted in Civil Law |   1723 hits

Failure to pay loan due to natural calamities

 28 September 2012

Jurisdiction of this Court is invoked by a Gramin Bank on an issue on which no question of law arises for consideration. Facts are as follows: Smt. Khazani, the first respondent had availed of a loan from the appellant bank to purchase a buffalo a..

Posted in Civil Law 4 comments |   1772 hits

Jurisdiction of the court limited only where part of cause of action taken place

 27 September 2012

The plaintiff belongs to the “Times Group” which started 7 decades ago with the business of publishing news papers, journals, magazines and books. The plaintiff has also entered the field of e-commerce and the primary business is to provide the money..

Posted in Civil Law 1 comments |   4255 hits

Court does not sit in appeal over the award of an Arbitral Tribunal by reassessing and re-appreciating the evidence

 25 September 2012

OIL issued Notice Inviting Tender (‘NIT’) dated 19th July 1993 for setting of four Offshore Exploratory Oil/Gas Wells, three Wells at Saurashtra Offshore of the West Coast of Gujarat and one Well in NEC, Offshore of Orissa (drilled with self-propelle..

Posted in Civil Law |   1601 hits

Attempting to cheat the bank‟s customer liable to be dismissed from service

 19 September 2012

The relevant facts of the case are that the deceased workman was working as a clerk with the petitioner bank and during the relevant period he was posted at its G.B. Road Branch in Delhi. He was charge-sheeted on 20th December, 1996 on the following ..

Posted in Civil Law |   1863 hits

Unless the ratio for appointment in grade I, II, III in district court adopted shown to be arbitrary it ought not to be interfered with

 15 September 2012

This writ petition has been filed on behalf of the Readers Grade- I/Senior Assistants, Readers Grade-II/Assistants, Readers Grade- III/U.D.Cs. and Ahlmads/Assistant Ahlmads/L.D.Cs. of the District Courts of Delhi. They have challenged the minutes of ..

Posted in Civil Law |   1672 hits

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