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Civil Law Judiciary

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 |   1244 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 |   1140 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 |   3006 hits

Seeking permission to withdraw petition to file fresh petition is allowable

 26 July 2012

Petitioner seeks permission to withdraw the writ petition with liberty to file a fresh petition after impleading all the necessary parties. Permission, as above, is granted...

Posted in Civil Law |   1539 hits

Rule 52 empowers the State Government to sanction a lease or sale of nazul land for particular purpose at particular rate keeping in view the circumstances of the case

 23 July 2012

Respondent No.1 filed Writ Petition No.11 of 1995 for quashing tender notice dated 20.12.1994 on the ground that the same was contrary to the Zonal Development Plan prepared under the U.P. Urban Planning and Development Act, 1973 and prayed that a ma..

Posted in Civil Law |   4035 hits

When a land is acquired having potentiality to developed into urban land eligible to pay higher rate of compensation

 23 July 2012

The appellants did not file application under Section 18 of the Act for determination of compensation by the Court, but after amendment of the Act with effect from 24.9.1984 and disposal of the references made at the instance of other landowners, the..

Posted in Civil Law |   2744 hits

As per chapter III schedule I panchayat can make provision likely to promote advantages of local people and sec 178 empower the Director to act according to panchayat

 21 July 2012

M/s. Kay Jay Constructions Company Pvt. Ltd. (hereinafter described as, ‘the company’) (respondent No.4 in the appeal arising out of SLP (C) No.1758 of 2011) was granted permission by the appellant in 2006 for raising construction on property bearing..

Posted in Civil Law |   1705 hits

Escalation of price cannot be considered as force majeure event providing it with the defence of non performance of its obligation

 21 July 2012

Coastal Andhra Power Limited (‘CAPL’) has filed this petition under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Act’) against the Andhra Pradesh Central Power Distribution Company Limited (‘APCPDCL’), Andhra Pradesh Southern Power Distrib..

Posted in Civil Law |   2472 hits

A person is free to file his representation regarding the claim of excess pyment made by him

 20 July 2012

The petitioner has approached this Court with certain grievances with regard to the amount payable to the second/third respondent. In view of the intervening developments, learned counsel for the petitioner, on instruction, prays for an opportunity t..

Posted in Civil Law |   1243 hits

Mere pendency of the writ petition should not disentitle the petitioner from the benefits flowing out of the order under challenge in the present writ petition

 19 July 2012

The facts, as disclosed from the record, in a nut-shell are that the original applicant was initially recruited as Supporting Staff Grade-I on 25.7.1979 by the 1st respondent and subsequently promoted as Supporting Staff Grade-II on 4.10.1996. In the..

Posted in Civil Law |   1427 hits

Observation made for disposal of bail petition same shall not be construed as an expression of opinion on the meritof the case

 19 July 2012

It has been stated that Baba Pritam Shah executed his last Will dated 15.8.2011 in favour of Dharma Shah. The Will was scribed by Sanjeev Kumar and attested by Nikka Ram and Kewal Krishan. The complainant Satpal reported the matter to the police on t..

Posted in Civil Law |   1530 hits

According to Order VII Rule 11, Rule 14(1) and Rule 14(2) that in the absence any cause of action suit cannot be proceed

 18 July 2012

On 07.01.1990, the appellant-Society (first defendant), the owner of the property situated at Door No. 35, Lock Street, Kottur, Chennai entered into an Agreement for Sale of the property in favour of one S. Velayutham - 2nd defendant in the suit on t..

Posted in Civil Law |   2592 hits

Prevention of Corruption Act, 1988 ( Taj Heritage Corridor Project case ) petitioner- Mayawati

 12 July 2012

The only question raised in this writ petition, filed under Article 32 of the Constitution of India, is as to whether FIR lodged under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 against the petitioner herein to..

Posted in Civil Law |   2378 hits

Right of the employer to transfer employee from one office to another is subject to agreement entered into between them

 12 July 2012

The respondent-workman’s case was that his transfer to Jaipur was mala fide. He had raised an industrial dispute challenging his transfer and that dispute came to be referred to the Industrial Tribunal by the appropriate Government. The industrial tr..

Posted in Civil Law |   3714 hits

If the petitioners fails to satisfied the Court that the award is neither legally nor factually sustainable the same deserve to be dismissed

 11 July 2012

The facts, as disclosed from the record, in a nutshell are that the petitioner was initially engaged as a helper/tyreman in the petitioner Corporation on 4.9.1997, on monthly remuneration of Rs.1500/-. He was asked to execute an agreement in the mont..

Posted in Civil Law |   1378 hits

It is the duty of the administrative officer to ensure compliance of the notification under sec 3(1) breach of which entail punishment under the contempt of court Act

 09 July 2012

On 3.12.2010, this Court expressed the view that the petitioners have not taken steps to implement the notification and directed their counsel to make a statement on the issue of closure of all commercial and tourist establishments within the Buffer ..

Posted in Civil Law |   1412 hits

As per rule 134(6) recording of reasons in writing before suspension of the NSOP to safeguard the rights of the licensee against arbitrary is malafiled on the part of the state

 28 June 2012

The case of the petitioners in W.P.(C.) No. 2775/2012 is that petitioner No. 1 Global Vectra Helicorp Ltd. (herein referred to as Global Vectra) is a company registered under the Companies Act, 1956. Petitioner No. 2 is a Citizen of India and working..

Posted in Civil Law |   2047 hits

All public authority is mandated under Section 4 (1) (b) (xii) of the RTI Act to publish the details of the beneficiaries of any subsidy given by the government

 23 June 2012

The submission of learned ASG Sh. A.S. Chandhiok, firstly, is that a perusal of the impugned order shows that the CIC has equated donations made by the President with subsidy, which is not the case. It is also submitted that the learned CIC has not d..

Posted in Civil Law 1 comments |   1433 hits

conservation and protection of the Island’s unique environment : Section 3 of the Environment (Protection) Act, 1986

 21 June 2012

Facts: These appeals have been filed by the Union Territory of Lakshadweep against an order dated 16th January, 2012 passed by the High Court of Kerala at Ernakulam whereby the High Court has directed the appellants to process the applications mad..

Posted in Civil Law |   1062 hits

When information is such which on a purposive construction of sec 8 is exempt from disclosure

 18 June 2012

This intra court appeal impugns the order dated 22nd December, 2010 of the learned Single Judge dismissing in limine WP(C) No. 8558/2010 preferred by the appellant. The said writ petition was preferred impugning the decision dated 12th November, 2010..

Posted in Civil Law |   1351 hits