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Civil Law Judgments and Orders

Petitioner cannot approach the court just about a week before the date fixed for examination after reading the eligibility condition

 07 April 2012

Briefly stated, the facts of the case as set out in the writ petition are that in May, 2011, the petitioner had passed the intermediate examination from the CBSE Board. On 02.11.2011, the petitioner had applied for IIT JEE-2011 in the reserved catego..

Posted in Civil Law |   1110 hits

Sec 11A empower the industrial adjudicator to re appraise the evidence but cannot go beyond its jurisdiction

 06 April 2012

The respondent workman was appointed as a conductor with the appellant on 2nd September, 1989. He was on 24th June, 1993 served with a charge sheet for not issuing tickets to the passengers inspite of collecting the fare. Departmental inquiry was hel..

Posted in Civil Law |   1550 hits

Limitation of granting bail under sec 37(1)(b) is addition to Cr. PC or any other law for the time being in force

 05 April 2012

The allegations of Directorate of Revenue Intelligence (DRI) against the petitioner are that acting on a specific information that a consignment of ketamine was being attempted to be exported to Canada based consignee, concealed in misc. goods by a D..

Posted in Civil Law |   2462 hits

Whether the unfilled NRI seats are to be transferred to general pool

 05 April 2012

Facts: Applicants, herein had filed Writ Petition before the High Court of Madhya Pradesh challenging the constitutional validity of Madhya Pradesh Niji Vyavsayik Shikshan Sanstha Adhiniyam, 2007 and the Rules framed thereunder. - Writ Petition was..

Posted in Civil Law 1 comments |   1595 hits

every pleading shall contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence but not the evidence by which they are to be proved.

 03 April 2012

Facts: In the year 2002, for setting up a new business, appellant was in need of substantial finance and for that purpose, he approached respondent No.1-Company through its Director Mr. Rajendra Kumar Aggarwal, who is his co-brother. Respondent N..

Posted in Civil Law 1 comments |   1556 hits

Section 17(iii) of the Act, sale of specified agricultural produce within the Mandi limits attracts levy of what is described as Mandi Fee from the person effecting the sale. (Glaxo India Ltd.)

 29 March 2012

Facts: Glaxo India Ltd., set up an industrial unit at Aligarh for the manufacture of what is sold in the market under the brand names Glacto, Complan, Farex, Glucon D and other products generically called milk foods/weaning foods and energy bevera..

Posted in Civil Law |   2313 hits

Appeals that purport to have been filed under Section 30 of the Armed Forces Tribunal Act, 2007.

 27 March 2012

facts: The appellant’s case is that since the orders under challenge in these appeals are final orders of the Tribunal, an appeal against the same lies to this Court as a matter of right, no matter the right to file such an appeal under Section 30 ..

Posted in Civil Law |   1464 hits

Section 129(6) of the Customs Act, 1962, a person shall not be entitled to appear before the CESTAT, is ultra vires the Constitution of India?

 20 March 2012

Facts: The appellant joined the Indian Customs and Central Excise Service. - The appellant demitted his office as Member (Technical) of CEGAT - As he was a law graduate, he was enrolled as an advocate with the Bar Council of India - The CEGAT was r..

Posted in Civil Law |   1664 hits

Whether appointments can be made in Government service beyond the number of vacancies advertised.

 28 February 2012

Facts: An advertisement was published by the Director of Land Records and Survey, Assam, inviting applications for selection for admission in the Assam Survey and Settlement Training Institute in respect of 160 seats. About 12,000 candidates applied..

Posted in Civil Law |   2005 hits

International competitive bidding procedures for the supply and installation of Steam Generator package for captive coal-based Thermal Power Projects

 18 February 2012

Facts: Following international competitive bidding procedures, the Appellant had invited bids for the supply and installation of Steam Generator package for captive coal- based Thermal Power Projects in different areas. The bid of the Respondent No..

Posted in Civil Law |   1575 hits

While considering case of judicial officer it is not necessary to limit only tangible evidence only

 15 February 2012

The petitioner made several prayers, but, as of now, this petition is limited to the quashing of the ACR in respect of the petitioner for the year 2008, whereby the petitioner was graded as ‘B’. This would be evident from the order dated 06.07.2010 p..

Posted in Civil Law |   1262 hits

Building & Other Construction Worker (Regulations of Employment & Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996.

 09 February 2012

This Court - dealt with Contempt Petition Nos. 41 – 44 of 2011 filed by the petitioner and passed certain directions including that the Labour Secretary of the concerned States should be present in the Court on the next date of hearing. Thereafter, v..

Posted in Civil Law |   4516 hits

Register of Pharmacists

 08 February 2012

Facts: Appellant got registration as a pharmacist with the Sikkim State Pharmacy Tribunal. On the basis of this registration from Sikkim, he applied for his registration with the Pharmacy Council of the State of Rajasthan which enrolled him as a reg..

Posted in Civil Law 1 comments |   1412 hits

At the time of dealing appeal after grant special leave court is not bound to go into the merit unless justice of the case does not require interference

 08 February 2012

This Intra-Court Appeal impugns the judgment dated 31st August, 2007 of the learned Single Judge allowing WP(C) No. 469/2005 preferred by the respondent no.1 and directing the appellant to restore the LPG distributorship to the respondent no.1 and to..

Posted in Civil Law |   871 hits

As per Rule 8(ii) while returning the seized money it is not mandatory to return along with interest

 07 February 2012

The writ petition was filed by the respondent pleading that the appellant had on 3rd January, 2003 seized ` 7,75,000/- in Indian currency and foreign currency equivalent to `96,000/- from the custody of the respondent and initiated inquiry under the ..

Posted in Civil Law |   1105 hits

Dr. Subramanian Swamy …versus Dr. Manmohan Singh and another …

 07 February 2012

Facts: For the last more than three years, the appellant has been vigorously pursuing, in public interest, the cases allegedly involving loss of thousands of crores of rupees to the Public Exchequer due to arbitrary and illegal grant of licences at..

Posted in Civil Law |   2244 hits

Appointment of a group of independent persons to assist the Court in monitoring the investigation being carried out by the Central Bureau of Investigation (CBI), the Enforcement Directorate and the In

 06 February 2012

Facts: The writ petition filed by the appellants before the Delhi High Court for ordering an investigation by the CBI or a Special Investigation Team into '2G Spectrum Scam' for unearthing the role Shri A. Raja, senior officers of the department, mi..

Posted in Civil Law |   969 hits

Supreme Court judgement on 2G spectrum:

 05 February 2012

Facts: A landmark judgement by supreme court on the one of the high profile case of the corruption in which ministers and the government are facing allegations for default issuance of 2g licences to the telecom companies.- the petition as been fil..

Posted in Civil Law |   6996 hits

The doctrine of internal management and of a member of an association having no rights except those given by the rules and regulation of the Association

 04 February 2012

This intra-Court appeal impugns the judgment dated 18th January, 2011 allowing W.P.(C) No. 5093/1998 preferred by the respondents no.1 to 3 herein and quashing the “Regulations of Membership” of the appellant to the extent the same were held to be in..

Posted in Civil Law |   1591 hits

As per sec 9A where the appeal is related to the interim relief than determination of jurisdiction of the Court on that matter is the preliminary issue

 03 February 2012

By the said common order, it was held, among other things, that the two suits are not maintainable in view of the provisions of Sections 91 and 163 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter ‘the Act’, for short). We are not con..

Posted in Civil Law |   1182 hits