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Judgments and Orders

Appellate court has power to re-evaluate evidence

 08 July 2010

Reevaluation of Evidence - Whether Appellate Court has power to re-evaluate evidence laid before the Trial Court? ..

Posted in Criminal Law |   1414 hits

The Principals of interference by Appellate Court revesing acquittal

 08 July 2010

Order of acquittal - Scope of the Appellate Court - Whether Appellate can interfere with an Order of acquittal of the Trial Court? ..

Posted in Criminal Law |   1741 hits

Phone Call if not cryptic and Vague is FIR

 08 July 2010

Lodging of First Information Report (FIR) - Whether Phone Calls constitutes an FIR? ..

Posted in Criminal Law |   1599 hits

Section 117 of Transfer of Property Act

 08 July 2010

This appeal arises from a suit for declaration of title and confirmation/recovery of possession instituted by one Sukhi Mian, the ancestor and predecessor in interest of the present appellants. The claim of the plaintiff was based on two sada Hukumna..

Posted in Property Law 2 comments |   5980 hits

Neelam Kumar Versus Dayarani

 08 July 2010

This appeal, by the husband, is filed against the judgment and order dated September 14, 2005 passed by the Madhya Pradesh High Court (at Jabalpur) in F.A.O. 462 of 2003. By the judgment coming under appeal, the High Court set aside the judgment date..

Posted in Family Law |   2594 hits

K.K. Ramachandran Master Versus M.V. Sreyamakumar & Ors.

 08 July 2010

Aggrieved by the election of respondent No.1 the appellant filed election petition No.8 of 2006 before the High Court of Kerala at Cochin alleging that the returned candidate had committed several corrupt practices that rendered his election liable t..

Posted in Others |   2053 hits

Charanjit Lamba Versus Commanding Officer, Southern Command & Ors.

 08 July 2010

This appeal by special leave arises out of an order dated 15th September, 1998 passed by the High Court of judicature at Bombay whereby Criminal Writ Petition No.489 of 1997 filed by the appellant has been dismissed and the order of dismissal from se..

Posted in Others |   2378 hits

Section 202(2) of the Code of Criminal Procedure (Cr.P.C.)

 08 July 2010

Section 202(2) of the Code of Criminal Procedure (Cr.P.C.)..

Posted in Criminal Law |   7878 hits

Kandla Port Trust Versus Goodrich Maritime Pvt. Ltd. and another

 08 July 2010

Since the goods were not as per the description given in the bills of lading, the same were confiscated by the Customs Department. Respondent No.1 made representations to the appellant for release of the containers after de-stuffing the goods. The ap..

Posted in Taxation |   2478 hits

Om Prakash Saini Versus DCM Ltd. and others

 08 July 2010

In these appeals, prayer has been made for setting aside order dated 22.8.2008 passed by the learned Single Judge of Delhi High Court in R.A. Nos. 329 of 2007, 401 of 2007 and CM No. 11710 of 2008 in CM (M) No. 398 of 2007.After retirement from the s..

Posted in Others |   1982 hits

Section 33C(2) of the Industrial Disputes Act, 1947

 08 July 2010

Facts lie in a narrow compass :- Shyamal Kumar Lodh-respondent herein is an employee of the appellant-Vijaya Bank. It is a Nationalised Bank. The employee filed application before the Labour Court, Dibrugarh constituted by the State Government under..

Posted in Labour & Service Law |   11577 hits

UNION OF INDIA & OTHERS VERSUS AJAY WAHI

 08 July 2010

“Regulations 48 and 50 are contained in Section III which deals with the disability pensionary award. Regulation 50 clearly provides that an officer who retires voluntarily shall not be eligible for any disability pensionary award on account of any d..

Posted in Labour & Service Law |   2040 hits

SURAJ & ANR. Versus STATE OF U.P.

 08 July 2010

Appellants Suraj and Hari Singh alongwith Shyam, Gulab and Baladin were put on trial for offence under Sections 302/149, 147 and 148 of the Indian Penal Code. Baladin died during the pendency of the trial. All of them were convicted for offence under..

Posted in Others |   1293 hits

Mumbai International Airport Pvt. Ltd. Vs. Regency Convention Centre & Hotels Pvt. Ltd. & Ors.

 08 July 2010

The Airport Authority of India (second respondent herein, AAI for short) established under the Airports Authority of India Act, 1994 (‘Act’ for short) to be responsible for the development, operation and maintenance of airports in India. The Governme..

Posted in Others |   2504 hits

Vinod Seth Vs. Devinder Bajaj & Anr.

 08 July 2010

Leave granted. Heard. The validity of a novel and innovative direction by the High Court, purportedly issued to discourage frivolous and speculative litigation is under challenge in this appeal. To understand the issue, it is necessary to set out the..

Posted in Others |   2204 hits

Avinash Gaikwad & Ors. Vs. State of Maharashtra & Ors.

 08 July 2010

A property known as Pimpalwadi at CS No.370 Tatya Gharpure Marg, Girgaon Division, Mumbai, originally belonged to Sir Harkishandas Trust. The said property consisting of several Chawls, Godowns and Sheds was acquired by the State of Maharashtra under..

Posted in Others |   3128 hits

M/S. Bhanwarlal Dugar & ORS. Versus Bridhichand Pannalal & Ors.

 08 July 2010

This is a landlord’s appeal by Special Leave against the order of the High court reversing the concurrent decree of eviction from commercial premises at Guwahati in Assam. The Trial Court, the Appellate Court concurrently found that the respondent wa..

Posted in Others |   1628 hits

Rasid Javed & Ors. etc.etc. Versus State of U.P. & Anr. etc. etc.

 08 July 2010

The appellants in this appeal claim that they have been operators on Saharanpur-Karnal route (inter-State route) via Jandhera – Rampur – Gangoh – New Yamuna Bridge. In the Notification published on April 16, 1999 under Section 102(1) of the Motor Veh..

Posted in Others |   1291 hits

CHUNNI LAL VERSUS STATE OF U.P.

 08 July 2010

The First Information Report [for short ‘FIR’] was lodged by Juggi Lal [PW-1] who is allegedly an eyewitness to the occurrence and the same was lodged at 08.05.1978 at 6.30 a.m. The deceased Heera Lal was the uncle of the accused Chunni Lal inasmuch ..

Posted in Others |   1086 hits

U.P. Land Development Corporation and another Versus Mohd. Khursheed Anwar and another

 08 July 2010

This is an appeal for setting aside the order passed by the Division Bench of the Allahabad High Court which allowed the writ petition filed by the respondents and directed the appellants to pay salary to the respondents in the pay-scale of Rs.2200-4..

Posted in Others |   1258 hits