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Civil Law Judiciary

SC delivers judgment in Media Coverage Guidelines: Finding an acceptable constitutional balance between free press and administration of justice

 11 September 2012

In the words of C.Justice Kapadia: Finding an acceptable constitutional balance between free press and administration of justice is a difficult task in every legal system. Civil Appeal of 2011 were filed challenging the order of the Securities ..

Posted in Civil Law |   2757 hits

Trial cannot be terminated merely on the ground of delay without considering the reasons

 11 September 2012

The petitioners herein are the accused and tried for the assassination of Shri. L.N. Mishra, the then Union Railway Minister. It is the case of the prosecution that Shri. L.N. Mishra was injured in a bomb-blast at the Railway Station, Samastipur on 2..

Posted in Civil Law |   1624 hits

Court cannot refuse to condone the delay if it result miscarriage of justice

 10 September 2012

Fact of the case is that the condition on which the Court can use their discretionary power of condoning the delay after considering the impact of refusal of condoning the delay on justice and actual cause of delay...

Posted in Civil Law 2 comments |   5700 hits

If the transfer of employee based on illegal consideration than court can interfere and reversed the decision

 07 September 2012

The fact of the case is the transfer of employee from one place to another place. The Petitioner/management has always a right and power to transfer the employees from one place to another, subject to contingencies and the requirement. However, this..

Posted in Civil Law |   8142 hits

In the presence of evidence the court cannot exercise power as an Appellate court

 04 September 2012

The appellant was employed as a Physical Education Teacher with the respondent No.3 School since 04.07.1983 and was granted a PGT scale with effect from 01.08.2001. He was on 23.07.2008 charged with having committed gross misconduct by giving corpora..

Posted in Civil Law |   1316 hits

Govt. employee also liable to suffer consequences of getting involved in corruption

 03 September 2012

The petitioner who in the year 1985 joined BSF as a Constable has filed the present writ petition seeking prayer for quashing the order of dismissal dated 7th October, 1996 passed by a Summary Security Force Court by the Comdt. 25 Bn BSF on a charge ..

Posted in Civil Law |   1314 hits

Whether employee voluntarily retired cannot take participate in pension scheme

 01 September 2012

The origin of the claim was traced in the decision to employees of DTC having filed a petition in the Supreme Court praying that DTC be directed to frame and bring into operation a pension scheme. DTC gave an assurance to the Supreme Court that it wo..

Posted in Civil Law |   1767 hits

Jurisdiction of the court to allow either party to amend his pleadings at any stage necessary for solution of real question

 31 August 2012

The petitioners had filed a suit for declaration and permanent injunction against the respondent MCD on the averments that plaintiff No. 2 (petitioner No. 2 herein) is the owner of plot in Khasra No. 262, 258 & 217/4 in village Bharola, Delhi, but, t..

Posted in Civil Law |   2008 hits

Relief claimed barred by limitation act cannot be allowed

 31 August 2012

This is a suit for declaration and injunction. The plaintiff claims to be the true and authentic sports federation formed in the year 1977 for promoting sports of “Throw Ball‟ in the country. The plaintiff was registered at Jind, Haryana, vide regist..

Posted in Civil Law |   2611 hits

In matters of administration of the internal affairs of a University, the courts should be most reluctant to interfere

 28 August 2012

It is alleged that on 02.02.2010 Craig Mcleod grossly misbehaved on campus with two Professors of the University. As a result of the incident, a First Information Report was lodged with the police and the Proctorial Board of the University took an em..

Posted in Civil Law |   1407 hits

In case of liver transplant donor must be informed all possible outcomes

 25 August 2012

For this purpose the petitioner says that he has obtained requisite permission including a NOC from the Organ Transplantation Committee constituted by the State of U.P, and a NOC from the District Magistrate, AGRA. Reliance is also placed by the peti..

Posted in Civil Law |   1287 hits

Consequences of getting employment by false information

 24 August 2012

The Inquiry Officer gave a report opining that there was an interpolation in the school leaving certificate for the reason it was proved that in the school record the date of birth of the petitioner was 01.11.1954. As per the school record, this was ..

Posted in Civil Law 1 comments |   1344 hits

Whether person contested election to Executive Committee of any court annexed to the Bar other than SCBA not allowed to vote to elect office bearer of SCBA

 22 August 2012

Appearing in support of the said application, copies of which have been served on all the interested parties, including the members of the Implementation Committee, represented by Mr. P.P. Rao and Mr. Ranjit Kumar, learned senior advocates, Mr. Sushi..

Posted in Civil Law |   958 hits

When the court admitted the petition and put the party to trial cannot refuse to exercise jurisdiction on the ground of availability of alternative remedy

 16 August 2012

Brief facts to comprehend the disputes are that the petitioner no. 2, a disabled War veteran, was allotted a retail outlet for the sale of petrol and petroleum products by the respondent no.1, Indian Oil Corporation, at Gurgaon Road, near Palam New D..

Posted in Civil Law 1 comments |   2211 hits

A contract of Marine Insurance will be a wagering contract only when an assured has no insurable interest

 14 August 2012

The petitioner is a limited company, engaged in the manufacture and sale of metalized and coated films and papers. On 13th May, 2002 the petitioner agreed to purchase one vacuum metallizer (Machinery) from M/s Valmet General Limited, England for a to..

Posted in Civil Law |   1847 hits

If the petitioner fails to submit the supporting document after giving proper opportunity appeal deserve to be dismissed

 09 August 2012

The facts of the case in brief are that on 25.01.1992, petitioner was working as Manager of the Bank at Connaught Circus, New Delhi. He was placed under suspension and was served with a charge-sheet dated 21.01.1992, followed by another chargesheet d..

Posted in Civil Law |   1725 hits

The Court cannot sustain the award in excess of jurisdiction

 08 August 2012

The dispute between the parties concerns the cost of construction of a 14 km long 36” diameter pipeline from the Hazira Field to Mora village in the sum of Rs. 93.27 crores which Niko claims is part of ‘development cost’ which it is entitled to recov..

Posted in Civil Law |   1266 hits

Is the delegation of power under section 11 to fix the license fees without any guideline is ultra virus?

 08 August 2012

This is an appeal from a judgment, dated 5th February, 2003, rendered by the High Court of Delhi at New Delhi in CWP No.2278/2002. By the impugned judgment, the High Court has upheld the validity of the Delhi Race Course Licensing (Amendment) Rules, ..

Posted in Civil Law |   973 hits

Allowability of leave petition depends upon the relief sought by the appellant

 07 August 2012

Both sides would agree that the issues raised and the relief sought for in this appeal are identical with the issues raised and considered by this Court in the case of Union of India Vs. Giani in Civil Appeal No.1884/2011 on February 17, 2011. 5. In ..

Posted in Civil Law |   997 hits

Trade mark of partnership firm considers as part of goodwill and in dissolution surviving partner is only having right

 26 July 2012

Mr. Pamaljeet Singh is sole proprietor of M/s Friends Overseas (plaintiff). In fact, sole proprietorship firm has no separate legal entity and is a creation of its sole proprietor, thus, any reference made to sole proprietorship firm shall mean and i..

Posted in Civil Law |   2733 hits

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