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Judgments and Orders

Section 116A of the Representation of People Act, 1951

 07 December 2010

This appeal, filed under Section 116A of the Representation of People Act, 1951 (‘the Act’ for short), is directed against judgment dated August 8, 2005, rendered by the learned Single Judge of the High Court of Kerala at Ernakulam in Election Petiti..

Posted in Others |   1960 hits

Rule 5 of the Rajasthan Secretariat Ministerial Service Rules, 1970

 07 December 2010

These appeals relate to the claim of the Lower Division Clerks/Upper Division Clerks, who were appointed as regular Stenographers (referred to as “special promotees”) on 25.4.1992, under proviso (5A) to Rule 5 of the Rajasthan Secretariat Ministerial..

Posted in Others |   5557 hits

Section 17 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993

 02 December 2010

Mr. Andhyarujina submitted that in relation to an order passed by the Debts Recovery Tribunal, Delhi, on an application filed by the Petitioner under Section 17 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, hereinafter r..

Posted in Others |   3903 hits

Section 10(1)(c) of the Industrial Disputes Act, 1947

 02 December 2010

These appeals, by special leave, are directed against the judgments delivered by the High Court of Punjab and Haryana, whereby it dismissed the writ petitions of the appellants herein, holding that the Labour Court was correct in shifting the burden ..

Posted in Labour & Service Law |   8034 hits

Section 80 CPC and Section 106 of the Transfer of Property Act

 02 December 2010

The grant holder Naval Kishore and others filed a second suit bearing suit No.6 of 1963 for recovery of rent and damages for use and occupation of the bungalow apparently for the period subsequent to the earlier suit. This suit was also decreed by th..

Posted in Others |   5919 hits

Section 74 of the Contract Act

 02 December 2010

Whether clause 6.4.6 of the Interconnect Agreement between Bharat Sanchar Nigam Limited (BSNL) and M/s. Reliance Infocomm Limited is penal or a pre-estimate of damages is the question which arises for determination in this civil appeal?..

Posted in Corporate Law |   4376 hits

Section 35L(b) of the Central Excise Act, 1944

 02 December 2010

The short question which arises for determination in this Civil Appeal filed by the Assessee under Section 35L(b) of the Central Excise Act, 1944 is whether “Vitamin A Acetate Crude” and “Vitamin A Palmitate” (hereinafter referred to as the product i..

Posted in Taxation |   2063 hits

Infringement of Trademark : Stay of suit

 01 December 2010

Section 124 : Trademark Act Scope : Application maintainable in suit for infringement of Trade Mark..


Stay in Suit for Passing Off

 01 December 2010

Scope of Section 124 : Trade Marks Act - discussed - applicability in suit for passing off..


Advocate Commissioner

 01 December 2010

..

Posted in Civil Law |   5617 hits

Stay of Suit for Passing off - not maintainable

 01 December 2010

..


Scopew of Section 10 and Order 39 Rule 1 & 2 in Trade mark Suit

 01 December 2010

..

Posted in Civil Law |   9031 hits

Trade marks - groundless threat

 01 December 2010

for declaration and permanent injunction against the threats..


Additional Counter Affidavit

 01 December 2010

..

Posted in Constitutional Law |   3244 hits

Section 13(6) of the West Bengal Premises Tenancy Act & Section 106 of the Transfer of Property Act

 30 November 2010

The plaintiff-appellant herein filed a suit for eviction and recovery of possession and mesne profits against the respondent. The plaintiff alleged that the suit property comprising two rooms with an attached verandah consisting of kitchen space situ..

Posted in Others |   7060 hits

Section 302 of the Indian Penal Code

 30 November 2010

Chirra Shantha (the deceased) had strained family relations with her husband’s brother, the appellant. There was a family dispute with regard to a property wherein the husband of the deceased and the appellant were residing and the appellant wanted h..

Posted in Criminal Law |   2399 hits

Section 6(3) of the Right to Information Act

 30 November 2010

This appeal is directed against the impugned order dated 24th November, 2009 passed by the Central Information Commission (CIC) whereby and whereunder the CIC having allowed the appeal preferred by Subhash Chandra Agrawal, respondent herein, directed..

Posted in Constitutional Law |  1 comments |   4109 hits

Section 4 of the Land Acquisition Act, 1894

 30 November 2010

As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this common judgment and order. However, we may record the facts of each of the cases separately and deal with the issues at one place as the..

Posted in Property Law |   4710 hits

Section 63 of the Indian Succession Act

 30 November 2010

The facts giving rise to the filing of a suit for partition and separate possession by the plaintiff-respondent no.1 in this appeal have been set out in the judgment under appeal hence do not bear repetition. All that need be stated is that responden..

Posted in Family Law |  1 comments |   6229 hits

Raja Khan versus U.P. Sunni Central Waqf Board & Anr.

 30 November 2010

This petition has been filed against the impugned judgment passed by a division Bench of the High Court of Allahabad dated 5.8.2010 in Special Appeal No. 973 of 2010. By that judgment the ex-parte interim orders of the Single Judge of the High Court ..

Posted in Others |   2992 hits