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Judgments and Orders

Section 306 and 294(b) of the Indian Penal Code (IPC)

 20 August 2010

The said FIR is a long document which has been filed by one Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent from the said report that she was married to Deepakbhai Krishnalal Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as ..

Posted in Criminal Law |   6688 hits

Revision of Pay and Allowances Rules, 1981

 20 August 2010

In the year 1982, three Senior Laboratory Assistants filed a Writ Petition in the Calcutta High Court claiming scale no. 11 under ROPA Rules on the allegation that they were performing similar duties as that of Senior Research Assistants. The said Wr..

Posted in Others |   8744 hits

Andhra Pradesh Land Grabbing (Prohibition) Act, 1982

 20 August 2010

Judicial pronouncements unlike sand dunes are known for their stability/finality. However, in this case, in spite of the completion of several rounds of litigation upto the High Court, and one round of litigation before this Court, the respondents cl..

Posted in Others |   4960 hits

Sections 302 and 148 of the Indian Penal Code, 1860

 20 August 2010

Facts and circumstances giving rise to this appeal are that accused (A1 to A7) and Harijana Ayyanna (hereinafter called as “deceased”) were residents of village G. Singavaram. On 8.2.1999 at about 7.30 PM, the deceased along with his wife Harijana Ay..

Posted in Criminal Law |   2664 hits

The U.P. Urban Buildings (Regulation of Lettings, Rent and Eviction) Act, 1972

 18 August 2010

The brief facts are these. Trust of Jama Masjid Nawab Abdul Nabi Khan Chauk Bazar, Mathura (hereinafter referred to as ‘landlord’) owns a piece of land admeasuring 914.89 sq. yds. Situate in Mohalla Naugaza, Mathura (for short, ‘the said land’/ ‘the ..

Posted in Others |   6215 hits

Sections 302, 201 and 120 B of the Indian Penal Code

 18 August 2010

An extremely unusual order passed by the High Court has fallen for consideration in this appeal which has been filed on behalf of the appellant/complainant Virender Prasad Singh. The said order was passed on the basis of a petition filed by the respo..

Posted in Criminal Law |   3624 hits

Section 9-A(2) of U.P. Consolidation of Holdings Act, 1953

 18 August 2010

Facts and circumstances giving rise to this case are that one Chandra Deo Singh was recorded as the khatedar of Khata Nos.485, 620, 146 and 66 of Village Bhojapur and Khata No.21 of Village Kanshari. The respondents in appeal, Rajni Kant and Anjani K..

Posted in Others |   8819 hits

Section 2(c) of the Contempt of Courts Act, 1971

 18 August 2010

. Whether by writing editorial, which was published in Excise Law Times dated 1.6.2009 with the title “CESTAT PRESIDENT SETS HOUSE IN ORDER – ANNUAL TRANSFERS FOR MEMBERS INTRODUCED – REGISTRY IN LINE”, the respondent violated the undertaking filed i..

Posted in Criminal Law |   2312 hits

Sections 498-A, 406, 341, 323 and 120-B of IPC read with sections 3 and 4 the Dowry Prohibition Act

 18 August 2010

Brief facts which are necessary to dispose of this appeal are recapitulated as under: The Complainant Manisha was married to Kamal Poddar at Kanpur on 10.12.2006. Immediately after the marriage, the complainant who is respondent no.2 in this appeal ..

Posted in Family Law |   3429 hits

Section 302 Indian Penal Code

 18 August 2010

This appeal has been filed by the two appellants challenging the judgment rendered by the High Court of Punjab and Haryana in Criminal Appeal No.226-DB of 2002 dated 18.5.2004. By the aforesaid judgment, the High Court has confirmed the judgment of t..

Posted in Criminal Law |   2144 hits

Sections 420/423/467/468/471/120-B of the Indian Penal Code, 1860

 18 August 2010

This appeal has been preferred against the Judgment and Order dated 13.02.2009 of the Punjab & Haryana High Court at Chandigarh in Criminal Misc. No. 4136 of 2003, wherein the First Information Report (for short, “FIR”) dated 23.07.2002 lodged by the..

Posted in Criminal Law 1 comments |   12997 hits

Modification of Punishment

 17 August 2010

Section 6 in The Indian Penal Code, 1860 Section 4 in The Indian Penal Code, 1860 The Indian Penal Code, 1860 Section 3 in The Indian Penal Code, 1860 Section 419 in The Indian Penal Code, 1860..

Posted in Criminal Law |   1228 hits

Maintenance for no-application

 17 August 2010

The Indian Penal Code, 1860 Section 125 in The Indian Penal Code, 1860 Section 127 in The Indian Penal Code, 1860 The Madhya Pradesh Reorganisation Act, 2000..

Posted in Criminal Law |   2556 hits

M.A.A. Annamalai Versus State of Karnataka & Another

 16 August 2010

This appeal is directed against the judgment and order dated 26.05.2008 passed by the High Court of Karnataka at Bangalore in Criminal Petition No.2625 of 2004. Brief facts of the case are as under:- The appellant, who was one of the Directors of R.P..

Posted in Criminal Law |   1817 hits

Section 306 of the Indian Penal Code

 16 August 2010

Brief facts necessary to dispose of this appeal are as under:- On 13.10.2003, a dispute arose between the son of the complainant, namely, Saurav Mahajan, deceased who was a final year student of the Law Department and Harminder Singh, a fellow stude..

Posted in Criminal Law |   8704 hits

Section 4(1) of the Land Acquisition Act

 16 August 2010

This appeal is directed against the judgment and order dated 27.11.2002 passed by the Madras High Court whereby the High Court reversed the order passed by the Reference Court by reducing the amount of compensation granted by the Reference Court to t..

Posted in Civil Law |   2082 hits

Industrial Disputes Act, 1947

 16 August 2010

. The said writ petition was registered as Writ Petition No. 8630 of 2008. Notice of the writ petition having been served on the appellant herein, it took up a plea that the Respondent is not a workman. The said writ petition was disposed of, leaving..

Posted in Labour & Service Law |   4490 hits

Section 4(1) of the Land Acquisition Act

 16 August 2010

A notification under Section 4(1) of the Land Acquisition Act was published on 09.12.1982, proposing to acquire land of the appellants measuring 2.429 acres covered under Khata No. 581 of Mouza – Bahar Bisinabar for construction of additional buildin..

Posted in Civil Law |   2529 hits

Section 34 of the Arbitration & Conciliation Act, 1996

 16 August 2010

In the year 2000, the second respondent entered into an agreement with TRW, a manufacturer and supplier of automotive equipments, to provide engineering and IT services. They agreed to sub-contract the automotive engineering works to the second respo..

Posted in Corporate Law |   4376 hits

Section 41(8) of the U.P Trade Tax Act, 1948

 16 August 2010

The question for determination in these Civil Appeals is whether the ‘Voltage Stabilizer’ manufactured and sold by the assessee (respondent herein) ought to be taxed as electrical goods under Entry No. 16 of Schedule to U.P. Trade Tax Act, 1948 or as..

Posted in Others |   3412 hits