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Judgments and Orders

If no record available justifying termination then such order to be quashed

 11 November 2010

Challenge of the order passed by the School Tribunal for continuity of service and full back wages- Whether the termination of Respondent No.1 from service within two years from the appointment order can be said to be legal? ..

Posted in Labour & Service Law |  1 comments |   2270 hits

Market Rate to be awarded in LA Award

 11 November 2010

Reference under Section 18 of the Land Acquisition Act and compensation of Rs.16,500/- for the trees against the reduced compensation of Rs.48/- per square meter-Whether the Reference Court was justified in fixing the market rate of the acquired land..

Posted in Property Law |   1701 hits

The husband not to alienate his house property during the pendancy of matrimonial disputes

 11 November 2010

Application for residence where an alternative residential premises provided to the aggrieved party under Section 19(1)(f) D.V. Act - Whether wife would not be entitled to insist upon residing in the shared household and not be evicted or excluded? ..

Posted in Criminal Law |   1852 hits

Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark

 11 November 2010

Claim for perpetual injunction and relief of damages and rendition of accounts under provisions of Section 134 (2) of the Trade Marks Act, 1999 -Whether Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark? ..


Civil Court has no jurisdiction to entertain petition Rule 31 of the Registration of Electors Rules,

 11 November 2010

System of enrollment in the election process was questioned applying Rule 31 of the Registration of Electors Rules, 1960- Whether Court can substitute a different mode of preparation of electoral rolls of the graduate voters for election of members o..

Posted in Constitutional Law |   2343 hits

If sufficient causes are putforth for absence then it be condoned

 08 November 2010

Adjournment application on non-representation on the date of hearing - whether Adjournment was a matter of right or not? ..

Posted in Legal Documents |   3398 hits

Ajmer Vidyut Nigam & Others Versus Navin Kumar Saini

 03 November 2010

Petitioners, aggrieved by the orders dated 9th July, 2007 passed by the Rajasthan High Court in D.B.Civil Special Appeal (Writ) No. 623 of 2007 and D.B. Civil Special Appeal (Writ) No.421 of 2007 affirming the order dated 18th September, 2006 passed ..

Posted in Others |   2458 hits

N. Srihari (dead) through LRs. & Ors. Versus N. Prakash & Ors

 03 November 2010

After the death of N. Saya Goud, the properties covered by the Will came into exclusive possession and enjoyment of N. Chandramma and N. Pentamma. Subsequently, the said two beneficiaries of the Will purchased the rights of the Pattadar under an unre..

Posted in Others |   1584 hits

National Council for Teacher Education Act, 1993

 03 November 2010

The State of Uttar Pradesh and its authorities are in appeal before us challenging the correctness of the judgment rendered by a Full Bench of the High Court of Judicature at Allahabad whereby and whereunder the High Court held that the restriction a..

Posted in Others |   4023 hits

Section 439 of the Code of Criminal Procedure, 1973

 03 November 2010

This appeal, by special leave, is directed against order dated 11th January, 2010 passed by the High Court of Calcutta in C.R.M. No. 272 of 2010, granting regular bail to respondent No. 1 in this appeal (hereinafter referred to as “the accused"), und..

Posted in Criminal Law |   4063 hits

Valuation in terms of Section 14 of Customs Act, 1962

 03 November 2010

Challenge in this appeal, by the revenue, under Section 130E(b) of the Customs Act, 1962 (for short “the Act”) is to the order dated 10th December 2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, (for short “the Tribunal”) where..

Posted in Taxation |   2659 hits

Section 4(1) of the Land Acquisition Act, 1894

 03 November 2010

This appeal arises out of the judgment and order dated 18th April 2001, delivered by a Division Bench of the High Court of Judicature at Madras, affirming the judgment of a Single Judge of the High Court in W.P. No. 108 of 1998, setting aside Notific..

Posted in Property Law |   4251 hits

Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985

 01 November 2010

The short question arising for consideration in this batch of appeals is whether Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) casts a duty on the empowered officer to ‘inform’ the suspect of his ri..

Posted in Criminal Law |   2495 hits

Section 302 of the Penal Code

 01 November 2010

This appeal is directed against the judgment and order dated October 6, 2006 passed by the Allahabad High Court in Government Appeal No.1890/1991 and Criminal Revision No.1140/1991. The High Court, setting aside the judgment of acquittal passed by th..

Posted in Criminal Law |   2871 hits

Section 302 of the IPC

 01 November 2010

Being aggrieved by the Judgment delivered in Criminal Appeal No.935 of 2005 and in Criminal Appeal No. 798 of 2006 by the Rajasthan High Court, Criminal Appeal No.705/2008 and Criminal Appeal No.561 of 2008 have been filed respectively. The appellant..

Posted in Criminal Law |   2414 hits

Section 304/34, 147 and 323 IPC as well as under Section 24 of the Cattle Trespass Act, 1871

 29 October 2010

These appeals by the State of U.P. are directed against the judgment of the High Court of Judicature at Allahabad dated 7.9.2001 rendered in Criminal Appeal No. 642 of 1988 and Criminal Revision No. 611 of 1988. By the aforesaid judgment, the High Co..

Posted in Criminal Law |   4862 hits

Section 19 of the Consumer Protection Act, 1986

 29 October 2010

This appeal is directed against the order of the National Consumer Disputes Redressal Commission (for short, ‘the National Commission’) whereby the appeal preferred by the respondent under Section 19 of the Consumer Protection Act, 1986 (for short, ‘..

Posted in Others |   2864 hits

Criminal appeals filed by the Central Bureau of Investigation against the orders

 29 October 2010

This order will dispose of all these criminal appeals filed by the Central Bureau of Investigation against the orders dated 20.7.2010 and 18.08.2010 passed by the High Court of Andhra Pradesh at Hyderabad by which the respondents herein (accused Nos...

Posted in Criminal Law |   1593 hits

Requisitioning and Acquisition of Immovable Property Act, 1952

 29 October 2010

Whether the land owners were entitled to enhancement of compensation beyond Rs.200/- per marla determined by the learned Single Judge. The questions arise in the following backdrop. A large extent of land situate in the outskirts of Pathankot in the ..

Posted in Property Law |   3859 hits

Sections 4 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973

 29 October 2010

Brief facts : (a) The Tehsildar, Phagwara, Appellant No.3 herein, filed two eviction petitions under Sections 4 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as “the Act”) against Brah..

Posted in Others |   4025 hits