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Civil Law Judiciary

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 |   2556 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 |   1307 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 |   1442 hits

UGC Package 1998 amended from time to time would be extended to the faculty of NIHFW only as it existed on 30.09.1992

 07 June 2012

The petitioners were working in the National Institute of Health and Family Welfare (NIHFW). The claim of the petitioners before the Tribunal was that they were governed by the University Grants Commission (UGC) package of 24.12.1998 whereby the age ..

Posted in Civil Law |   1458 hits

When an order is made by a court it is his obligation to obey the order without any condition

 06 June 2012

It is the plain and unqualified obligation of every person against, or in respect of whom an order is made by a court of competent jurisdiction to obey it unless and until that order is discharged. The uncompromising nature of this obligation is show..

Posted in Civil Law |   2399 hits

Where the findings based on some evidence court cannot reappreciate the evidence and substitute them with its own findings

 05 June 2012

This appeal, by special leave, is preferred by the Patna High Court, through its Registrar General, against the judgment and order dated 21st May, 2010, rendered by a Division Bench of the High Court in the writ petition filed by respondent no.1. In ..

Posted in Civil Law |   2055 hits

Chances to restrain from payment under bank guarantee on ground of froud is narrow afforded by law

 02 June 2012

The instant appeal concerns, two of the several purchase orders placed by the respondent „Milkfood Ltd.‟ upon M/s.Dany Dairy Food Engineer Ltd. (DDFE) i.e. the purchase orders dated May 25, 1988 and September 10, 1988, for due performance of which, a..

Posted in Civil Law |   1720 hits

As per Rule 22 CPC the Respondend can resist the appeal for reduction of compensation without filling any cross objection

 01 June 2012

The first Respondent (the Claimant) by virtue of the provision of Order XLI Rule 22 CPC can resist the Appeal for reduction of compensation on other grounds without filing of any Cross Appeal or Cross Objections. The question of resisting the Appeal ..

Posted in Civil Law |   2202 hits

As per clause 2(A) of Standing orders if a candidate faile to disclose in the application but disclose in the attestation candidature cannot be cancelled

 30 May 2012

The facts are that the respondent had filed an application dated 22.03.2006 seeking appointment as a Constable (Executive) with the Delhi Police. In the said application form, he had disclosed his alleged involvement in a criminal case arising out of..

Posted in Civil Law |   1546 hits

As per Article 226 migration certificate can be issued only on furnishing proof of deposit of fees

 29 May 2012

Briefly stated, the facts of the case are that Ms.Sneh Gupta, d/o Mr.Rakesh Kumar Gupta, petitioner herein (hereinafter referred to as the student) was admitted in I.P. College for Women, that is affiliated with the respondent No.1/University, in the..

Posted in Civil Law |   3076 hits

Presence of power to grant interim reliefe cannot be inferred from the absence thereof in the sttute

 25 May 2012

If at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint is made to the Copyright Board that the owner of copyright in the work- (a) has refused to republish or allow the republ..

Posted in Civil Law |   1313 hits

Whether the grant of relief for specific performance will cause hardship to the defendant within the meaning of Section 20 (2)(b) of the Specific Relief Act, 1963

 19 May 2012

The suit in question was filed by the appellant against the respondent for specific performance of agreement for sale dated 18th April, 1996 in respect of agricultural land admeasuring 1 H. 61Are. at a price of Rs.51,000/. It was the case of the appe..

Posted in Civil Law 2 comments |   3078 hits

Conversion of original petition to that of a civil suit or vice-versa

 10 May 2012

Facts : Trust OP No.96 of 2002 was filed by the appellants who were beneficiaries of six trusts before the Principal District Judge - During the pendency of the OP, respondent Nos.1 to 14 and 16 filed interlocutory applications separately under Or..

Posted in Civil Law |   3979 hits

Failure on the part of the respondent to file written statement make liable to the plaintiff

 10 May 2012

The impugned order dated 05.10.2010 passed by the Division Bench of the High Court of Karnataka at Bangalore in R.F.A.No. 597/2004 is under challenge in this appeal after grant of special leave at the instance of the plaintiff-appellant by which the ..

Posted in Civil Law 1 comments |   4929 hits

The enhance amount in insurance claim shall carry interest 7% from the date of application

 07 May 2012

The appellant and other legal representatives of Swaran Singh filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) for award of compensation to the tune of Rs. 4 lacs. They pleaded that the accident was caused due..

Posted in Civil Law |   1020 hits

Punishment not prescribed under the statutory rules cannot e imposed

 30 April 2012

This appeal has been preferred against the impugned judgment and order dated 19.7.2011 passed by the High Court of Judicature at Allahabad in CMWP No. 39609 of 2011, wherein the case of the appellant against the order of punishment in disciplinary pr..

Posted in Civil Law 1 comments |   1914 hits

Compensation determined by Motor Accident Claims Tribunal

 27 April 2012

Facts: Shri Swaran Singh died in a road accident when the Maruti car in which he was travelling with Varinder Singh went out of control. Varinder Singh, who was driving the vehicle also suffered multiple injuries and died on the spot. - The appell..

Posted in Civil Law 1 comments |   7062 hits

Registrar of Societies having no jurisdiction on disputes regarding membership and right to vote in election of a society

 26 April 2012

The background in which this order has been come to be passed may firstly be stated. The validly elected Executive Committee of the SCBA held its meeting on 19.01.2010. Apart from the President, the Vice President and the Honorary Secretary, various ..

Posted in Civil Law |   2390 hits

In exercise of the power under Article 226 of the Constitution, the High Court cannot entertain belated claims unless the petitioner offers tangible explanation.

 16 April 2012

Facts: By notification the Government of India proposed the acquisition of 2275 Bigha and 18 Biswa land of village Kotla for planned development of Delhi. The husband of respondent No.1, who is said to have purchased 1000 sq. yards land forming par..

Posted in Civil Law |   1435 hits

Notification empower the school to re-employ the retiring teacher but not conferring any right on teacher to continue in employment till the age of 62 years

 10 April 2012

The appellants in both the appeals were employed as teacher in the respondent no.2 Delhi Public School, Mathura Road, New Delhi and on attaining the age of 60 years on 31st July, 2010 and 30th April, 2010 respectively, were retired from service. Thei..

Posted in Civil Law |   3104 hits