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Judgments and Orders

Contempt of Court Act, 1971

 21 March 2011

. These two appeals have been filed against the judgment and order passed by the High Court of Karnataka at Bangalore in CCC(Crl.) Nos. 7 and 12 of 2002 dated 18.8.2004 by which the appellant has been convicted for committing criminal contempt of cou..

Posted in Constitutional Law |   5276 hits

Delhi Development Authority Vs. Ram Prakash

 21 March 2011

The respondent herein, along with his mother and wife, purchased a property in No.7, Community Center, East of Kailash, New Delhi, in an open auction conducted by the DDA on 10.8.1969. Possession of the plot was made over to the purchasers on 5th Mar..

Posted in Others |   3205 hits

Construction Workers' Welfare Cess Act, 1996

 21 March 2011

The petitioner has impleaded the Union of India and all the 36 States/Union Territories as party-respondents to the present petition. This Court, vide its order dated 28th July, 2006 issued notice to all the respondents. Some of the States and the Un..

Posted in Others |   6234 hits

Employee opting for VRS has no right to withdraw

 17 March 2011

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Posted in Labour & Service Law |   2893 hits

A citizen has a right to safeguard the privacy

 17 March 2011

1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be reported in the Digest? YES ..

Posted in Constitutional Law |   4547 hits

Only Caretaker has a Right to move Petition for Right to Die

 17 March 2011

(1) Euthanasia - Right to die - Legality - In 1973, petitioner, staff nurse at King Edward Memorial Hospital (KEM hospital), was sexually assaulted and choked, leaving her blind, deaf, paralysed and in a vegetative state - In 1999, 'X' as petitioner'..

Posted in Constitutional Law |   2347 hits

Procedure to be adopted by the High Court when Euthanasia application is filed

 17 March 2011

Human Rights -- Procedure to be adopted by the High Court when Euthanasia application is filed - Which provision of law provided thar the court can grant approval for withdrawing life support to an incompetent person ..

Posted in Constitutional Law |   3014 hits

Legality of Life Support in the light of Indian context

 17 March 2011

Human Rights - Passive Euthanasia and Active Euthanasia - Legality..

Posted in Constitutional Law |   2235 hits

Vigilance Commission should be totally impartial

 17 March 2011

Validity of Appointment - High Powered Committee (HPC), duly constituted under proviso to Section 4(1) of Central Vigilance Commission Act 2003 recommended name of 2nd respondent for appointment to post of Central Vigilance Commissioner (CVC) - Petit..

Posted in Constitutional Law |   2676 hits

notings in departmental files did not have sanction of law creating a legally enforceable right

 17 March 2011

Entitlement to Regularization - Appellant organization employed casual workers for discharging various works in its organization - Respondent Union of casual workers demanded regularization of their service - Single Judge, in respondent's writ petiti..

Posted in Labour & Service Law |   2616 hits

Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for r

 17 March 2011

Service - Preparation of judgments through third party - Removal from service - Legality (i) Whether High Court was justified in dispensing with enquiry while passing order recommending appellant's removal (ii) Whether order of removal ..

Posted in Constitutional Law |   3700 hits

Full Court recommended for invocation of the proviso (b) to Article 311(2) of Constitution of India

 16 March 2011

The appellant herein challenged the legality of the aforesaid order before the Jharkhand High Court by filing a writ petition contending inter alia that the High Court does not have any power to dispense with an enquiry as envisaged for the purpose o..

Posted in Others |   3406 hits

Section 239 Cr.P.C

 16 March 2011

The appellant herein submitted his application offering himself as a candidate for the post of Munsif to be recruited by the respondents for which an advertisement was also issued. Pursuant to the aforesaid application filed by the appellant, he was ..

Posted in Criminal Law |   3549 hits

Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985

 16 March 2011

The appellant Jagdish Rai, along with another accused Ajaib Singh is convicted under section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentenced to 10 years’ rigorous imprisonment and a fine of Rs.1 lak..

Posted in Others |   2376 hits

State of Uttar Pradesh & Ors. Versus J. P. Saraswat

 16 March 2011

The respondent, a veterinary surgeon, was in the service of the State Government of Uttar Pradesh. On December 23, 1991, he made an application for no-objection certificate for obtaining visa for going to the United States of America. The no-objectio..

Posted in Others |   2380 hits

Court under the provisions of Article 32 of the Constitution of India

 16 March 2011

. The petitioner has approached this Court under the provisions of Article 32 of the Constitution of India with a prayer that the respondents be directed not to demolish Shop No. D/4, Peeragarhi Relief Camp, New Delhi-56 till another shop is given to..

Posted in Others |   2973 hits

National Council for Teacher Education Act, 1993

 14 March 2011

The facts very briefly are that the Government of Bihar in the Department of Human Resource Development granted temporary recognition to the Champaran Physical Training College (for short ‘the College’) for C.P.Ed. (Certificate of Physical Education)..

Posted in Others |   2809 hits

Section 11A of the Central Excise Act, 1944

 14 March 2011

The issue that falls for consideration in these appeals is, as to whether the provisions of time limit that are contained in Section 11A of the Central Excise Act, 1944 (in short ‘the Act’) are applicable to the recovery of amounts due under the comp..

Posted in Taxation |   4263 hits

Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices

 14 March 2011

The facts of the case are that the petitioners filed complaints under section 28 read with items l (a)(b), (d) and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, l97l (hereinafter refe..

Posted in Others |   9269 hits

Ramdeo (D) by LRs. & Ors. Versus Board of Revenue, U.P. & Ors.

 14 March 2011

Being aggrieved by an order dated 5th November, 2003 passed in Writ Petition No. 7435 of 1979 by the High Court of Judicature at Allahabad, this Special Leave Petition has been filed by the heirs of the Original Plaintiff, who had filed a suit for a ..

Posted in Others |   2792 hits