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Civil Law Judiciary

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 |   1368 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 |   3742 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 |   2409 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 |   1442 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 |   2349 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 |   1083 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 |   1273 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 |   1365 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 |   2419 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 |   2231 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 |   3498 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 |   1244 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 |   1070 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 |   1793 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 |   1285 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 |   928 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 |   1220 hits

After cross-examination of their witnesses, the petitioner would be given an opportunity to examine witnesses in his defence

 16 June 2012

The petitioner before us is teaching in Ramjas College of Delhi University and took over charge as its Vice-Principal in January, 2007. 04 male students of the College submitted complaints alleging sexual harassment at the hands of the petitioner, to..

Posted in Civil Law |   2408 hits

Any act of the Respondend contrary to the procedure of law and prejudice to any party is liable tobe setaside

 12 June 2012

The brief facts of the case are that the petitioner joined the services of the respondent bank as a clerk in December, 1969 and has arisen upto the position of Chief Manager of the bank. On 30.01.2007, respondent had served memorandum of even date..

Posted in Civil Law |   1178 hits

On the basis of allegation which could not be sustaintiated in a court of law cannot be denie the benfit of appointment

 11 June 2012

This writ petition is directed against the order dated 24.01.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 1821/2011. The case pertains to the cancellation of the candidature of the respondent for the post of Co..

Posted in Civil Law 1 comments |   1291 hits

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