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Judgments and Orders

Shyamwati Sharma & Ors.Vs. Karam Singh & Ors.

 16 July 2010

This is an appeal for enhancement of compensation, by the mother, widow, three children and father of Kuldeep Sharma, a Sub-Inspector of Police, aged 36 years, who died in a motor accident on 25.12.1990. According to the salary certificate, his basic..

Posted in Others |   2399 hits

Application u/s 96 of the Code of Criminal Procedure,1973 read with Article 226 of the Constitution

 14 July 2010

This appeal, by special leave, filed by the State of Maharashtra and its functionaries, arises out of the judgment dated 26th April, 2007 delivered by the High Court of Judicature at Bombay in Writ Petition No.1721 of 2004. By the impugned judgment, ..

Posted in Others |   1763 hits

Rule 57Q of the Central Excise Rules, 1944

 14 July 2010

A show cause notice, dated 20th August 1999, was issued to the assessee, alleging therein that MODVAT credit availed of on steel plates and M.S. channels used in the fabrication of chimney, was inadmissible as the subject items were not “capital good..

Posted in Taxation |   3781 hits

Section 256(1) of the Income Tax Act, 1961

 14 July 2010

This appeal, by special leave, at the instance of the Revenueis directed against the judgment and order dated 27th June, 2001 delivered by the High Court of Gujarat at Ahmedabad in Income Tax Reference No.44 of 1986. By the impugned judgment, the Hig..

Posted in Taxation |   2806 hits

Section 23 of the Consumer Protection Act, 1986 (for short “the Act”)

 14 July 2010

Challenge in this appeal, filed under Section 23 of the Consumer Protection Act, 1986 (for short “the Act”), by the Maharashtra State Financial Corporation (hereinafter referred to as “the Corporation”), is to the final order, dated 7th January, 2002..

Posted in Civil Law |   2916 hits

Sections 302 and 307 of the Indian Penal Code, 1860, Section 27 of the Arms Act, 1959

 14 July 2010

. In all, eight persons, namely, Rajeshwar Singh @ Kamta Singh, Nagina Singh, Sheo Jee Singh @ Akshay Singh, Awadhesh Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh and Besh Lal Singh @ Bansh Lal Singh were put on trial for..

Posted in Criminal Law |   4373 hits

Quashment of proceedings under Section 482 Cr PC

 14 July 2010

In Central Bureau of Investigation vs. K.M.Sharma, Criminal Appeal No. 351 of 2008, the Supreme Court set aside the Delhi High Court’s order quashing the proceedings under section 120B AND 193 IPC against the respondent...

Posted in Criminal Law |   3875 hits

Iqbal Moosa Patel S/O. Mohammed ... vs State Of Gujarat And Anr. on 17 March, 2008

 14 July 2010

The Indian Penal Code, 1860 Section 67 in The Indian Penal Code, 1860 The Indian Evidence Act, 1872 Section 57 in The Indian Penal Code, 1860 Section 50 in The Indian Penal Code, 1860 ..

Posted in Criminal Law |   1901 hits

Judgment- meaning

 14 July 2010

In K.V.Rami Reddi vs. Prema, Civil Appeal No. 2551 the Supreme Court explained the meaning and content of judgment..

Posted in Others |   2308 hits

Surendra Kathadbhai Jebalia vs State Of Gujarat on 20 February, 2003

 14 July 2010

The Indian Penal Code, 1860 Section 67 in The Indian Penal Code, 1860 Section 57 in The Indian Penal Code, 1860 Section 55 in The Indian Penal Code, 1860 The Indian Evidence Act, 1872 ..

Posted in Criminal Law |   1437 hits

Only the SC can pass a decree of divorce, if one party withdraws consent in a petition u/s. 13B HMA

 14 July 2010

Divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955- when one of the petitioners withdraws consent, only the SC under its inherent powers can pass the decree...

Posted in Family Law |   5619 hits

procedure in dv cases

 14 July 2010

procedure in dv cases; dv to be proved..

Posted in Criminal Law |   2804 hits

Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations

 09 July 2010

Whether the offer of rupees one hundred thirteen and paise sixty two only (Rs.113.62) per share made by the appellant, M/s Daiichi Sankyo Company Ltd. in its public announcement dated January 19, 2009 for acquisition of the shares of Zenotech Laborat..

Posted in Others |   1835 hits

Rakesh Kumar Goel etc. Versus U.P. State Industrial Development Corporation Ltd. & Ors.

 09 July 2010

The appellants came to this court taking the plea that they had deposited one fourth of their bid amounts on the day the auction was held and the decision of the High Court was based on a patent error of law. Even while challenging the judgment of th..

Posted in Others |   1954 hits

Christian Medical College Vs. State of Punjab & Ors.

 09 July 2010

The appellant (Christian Medical College, Ludhiana) is a minority institution running a medical college with an intake capacity of 50. As per the order dated 1.6.2005 of this Court in W.P. [C] No.357/2004, 75% of the seats were to be filled according..

Posted in Others |   1456 hits

Vijeta Gajra Versus State of NCT Of Delhi

 09 July 2010

The appellant herein challenges the order passed by the High Court whereby the petition filed by her was dismissed. The said petition was filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code for qu..

Posted in Criminal Law |   2033 hits

Ras Resorts & Apart Hotels Limited & Anr. Versus Union of India and Ors.

 09 July 2010

The brief facts relevant for the purpose of these appeals may be stated thus. Another public limited company, (described as a sister concern of appellant no.1) made an application before the respondents on May 28, 1984 for grant of lease of a piece o..

Posted in Others |   1813 hits

Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988

 09 July 2010

According to the prosecution the appellant-Billa Nagul Sharief at the relevant time was posted as Junior Assistant in the office of the District Supply Officer, Guntur and thus a public servant within the meaning of Section 2(c) of the Act. He was in..

Posted in Criminal Law |   3241 hits

Dismissal of Writ is not Good rather decide on merits

 08 July 2010

Constitution - Recognition to Institution? Petitioner Institution a Primary Teachers Training college? Recognition granted earlier revoked and result of examination withheld? Writ petition dismissed on the ground of delay and laches? Writ appeal a di..

Posted in Constitutional Law |   1439 hits

SEBI has powers under section 247 of Companies Act to invest

 08 July 2010

Alleged Misstatement in Red Herring Prospectus by DLF - Statutory duty of SEBI - Merely because the public issue was closed, whether SEBI can presume to be relieved of its statutory duty to conduct an enquiry into the Complaint and into the veracity ..

Posted in Corporate Law |   2695 hits