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Judgments and Orders

Ready and Willingness

 16 October 2010

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Posted in Civil Law |   1919 hits

Issuance of Marklist

 16 October 2010

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Posted in Constitutional Law |   1542 hits

Sections 457, 380 and 461 IPC

 16 October 2010

Sections 457, 380 and 461 IPC..

Posted in Criminal Law |   9113 hits

Section 482 of the Code of Criminal Procedure, 1973

 12 October 2010

This appeal, by special leave, is directed against the judgment, dated 9th October 2007, delivered by the High Court of Bombay in Criminal Application No. 3715 of 2005, in a petition filed by the two appellants herein under Section 482 of the Code of..

Posted in Criminal Law |   4777 hits

National Consumer Disputes Redressal Commission

 12 October 2010

This appeal, by special leave, is directed against the judgment and order dated 12th July 2002, delivered by the National Consumer Disputes Redressal Commission (for short “the National Commission”) in First Appeal No. 354 of 1996, whereby it set asi..

Posted in Others |   3663 hits

Sikkim Public Works Code, 2009

 12 October 2010

The All Sikkim Youth Forum, a registered body, filed a writ petition in public interest in the High Court. This appeal was based on a news item which was published in the ‘Sikkim Observer’, a National Hill Weekly, from 13th to 17th November, 2000 und..

Posted in Others |   3099 hits

Section 14(1) of The Hindu Succession Act, 1956

 11 October 2010

The conspectus of the facts would be necessary before we approach further. One Kannabiran Pillai had two wives. The name of his second wife was Kumudammal with whom he had got married before the advent of The Hindu Marriage Act, 1955. As such, she wa..

Posted in Civil Law 1 comments |   6262 hits

Section 11(6) of the Arbitration and Conciliation Act

 11 October 2010

This is a petition under section 11(6) of the Arbitration and Conciliation Act (hereinafter called ‘the Act’). While the petitioner is registered under the Companies Act, 1956, the respondent is a company incorporated in Seoul, South Korea with its p..

Posted in Corporate Law |   4271 hits

Sec 10(3) of the Bihar Land Reforms Fixation of Ceiling Area & Acquisition of Surplus Land Act, 1961

 11 October 2010

Sec 10(3) of the Bihar Land Reforms Fixation of Ceiling Area & Acquisition of Surplus Land Act, 1961 A judgment dismissing the Letters Patent Appeal and confirming the order of the Single Judge has fallen for consideration in this appeal. The lea..

Posted in Civil Law |   4223 hits

Uttaranchal Judicial Service Rules, 2005

 11 October 2010

SLP(C) No. 12788 of 2008 was filed by the petitioners namely Shri Vijendra Kumar Verma and Shri Harendra Kumar Ozha. But so far as Shri H.K. Ozha is concerned, on his behalf a prayer was made to withdraw his name from the petition as he was appointed..

Posted in Others |   3403 hits

Section 9 of the Hindu Marriage Act, 1955

 11 October 2010

One Sarju Singh Kushwaha had two sons, Ram Saran (elder son) and Virendra Kumar Singh Kushwaha (younger son and the first respondent). The appellant, Chanmuniya, was married to Ram Saran and had 2 daughters-Asha, the first one, was born in 1988 and U..

Posted in Family Law 1 comments |   8111 hits

State of Uttaranchal Versus Sandeep Kumar Singh & Ors.

 11 October 2010

Respondents applied for post of Assistant Professor in different departments as scheduled caste reserved category candidates. In support of their caste, certificates issued by the States of U.P, Bihar and Tripura were produced. Respondents were succe..

Posted in Constitutional Law |   2474 hits

Section 16 of the Foreign Exchange Management Act, 1999

 09 October 2010

The central question of law arising on the appeal before this Court is whether a notice served with show cause 1 notice under Rule 4(1) of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (hereinafter referred to as ‘..

Posted in Others |   3398 hits

S. Chandramohan Nair Versus George Joseph and others

 09 October 2010

This appeal is directed against order dated 20.11.2009 passed by the Division Bench of Kerala High Court whereby it allowed the writ petition filed by respondent No.1 and quashed the appointment of the appellant as member of the Kerala State Consumer..

Posted in Others |   1756 hits

Section 28A(3) of the Land Acquisition Act, 1894

 09 October 2010

The only question which arises for consideration in this appeal filed against the judgment of the Division Bench of Andhra Pradesh High Court is whether the application filed by the appellant under Section 28A(3) of the Land Acquisition Act, 1894 (fo..

Posted in Property Law |   8087 hits

Urban Land (Ceiling and Regulation) Act 1976, and Clearance Certificate u/s 230A of the IT Act 1961

 09 October 2010

The appellant Man Kaur was the owner of the suit property, a plot admeasuring 1000 sq.yards with the building thereon, identified as ‘Annexe No 508’ situated in Sector-18B, Chandigarh. The respondent-plaintiff was, at all the relevant points of time,..

Posted in Others |   4031 hits

Section 308 of the Code of Criminal Procedure, 1973

 09 October 2010

. The aforesaid question arises in this way. A certain Pradeep Jain (builder) was allegedly eliminated by hired gangsters on March 7, 1995 and his brother Sunil Jain was attempted to be killed on that day for not succumbing to the pressure of parting..

Posted in Criminal Law |   4104 hits

Section 302 of the Indian Penal Code

 09 October 2010

The deceased, Priyadarshini Mattoo, was residing with her parents at B-10/7098, Vasant Kunj, New Delhi and was a student of the LL.B. course at the University of Delhi Campus Law Centre, and had at the relevant time completed the 5th Semester and was..

Posted in Criminal Law |   1836 hits

Cognizance of offence under SC/ST Act by special court can be taken only after committal by mag.

 08 October 2010

Cognizance of offence under SC/ST Act directly by special court without case being committal to it by magistrate is illegal...

Posted in Criminal Law |   5603 hits

Islamic Divorce in Civil law Jurisdiction-

 08 October 2010

Court (Justice Karunakaran) Held: (1) Islam not at all oppresses women in any manner whatsoever; nor does it grant license to any man for that matter - let alone a husband - to discriminate, exploit, mistreat or ill-treat any woman either in one’s fa..

Posted in Family Law |   4377 hits