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Judgments and Orders

Indu Bhushan Dwivedi Versus State of Jharkhand and another

 08 July 2010

The appellant joined service as Munsif in 1982. He was promoted as Sub-Divisional Judicial Magistrate in 1996. While he was posted as Sub- Divisional Judicial Magistrate at Chaibasa, a news item appeared in `Dainik Jagran’ dated 2.7.2003 suggesting t..

Posted in Others |   1702 hits

Interpretation of sub-section (1) of section 72 of Motor Vehicles Act, 1988

 08 July 2010

These two appeals arising from order dated 27.4.2001 in MATNo.1100 of 2001 and order dated 2.4.2001 in MAT No.586 of 2001 passed by the Calcutta High Court, raise a common question relating to interpretation of sub-section (1) of section 72 of Motor ..

Posted in Civil Law |   1177 hits

Violation of Duty does not vitiate whle trial

 08 July 2010

Vitiation of Trial - Duty of Public Prosecutor - Whether non-performance of duty by a Public Prosecutor under the common and procedural laws vitiate the Trial? ..

Posted in Criminal Law |   1336 hits

Public Prosecutor should not conceal any benefit to the accused

 08 July 2010

Power and Role of Public Prosecutor in Criminal Trial - What are the powers and duties of Public Prosecutor in a Criminal Trial? ..

Posted in Criminal Law |   2676 hits

Police Diary indicates fairness of investigation

 08 July 2010

Process of identification - Necessity thereof - Whether Photo identification hit by Section 162 of the Code of Criminal Procedure, 1973? ..

Posted in Criminal Law |   1377 hits

Photoidentification of accused is not hit under section 162 Cr. PC

 08 July 2010

Process of identification - Necessity thereof - Whether Photo identification hit by Section 162 of the Code of Criminal Procedure, 1973? ..

Posted in Criminal Law |   3166 hits

Methodology of wheeling charges of electricity Discussed

 08 July 2010

Wheeling Charges - Determination of - Controversy between the parties revolved around the Methodology, criteria/formula to be applied in determining the wheeling charges in accordance with the applicable Regulations framed under the Electricity Act 2..

Posted in Civil Law |   3204 hits

Reinstatement with back wages is not justified in all Cases

 08 July 2010

Retrenchment - Section 25 F of Industrial Dispute Act,1947 - Services of Workmen engaged as as casual in Central Telegraph Office Telegraph Office, Bhopal discontinued - Reinstatement - Whether relief of reinstatement and back wages justified? ..

Posted in Labour & Service Law |   3660 hits

NANHAR & ORS. vs. STATE OF HARYANA

 08 July 2010

Kartar Singh elder brother of Vijay deceased had filed an application on 27/2/2004 before the Superintendent of Police Bhiwani, alleging therein that he is resident of village Malkosh Tehsil Charkhi Dadri, District Bhivani and has been serving Armed ..

Posted in Criminal Law |   1424 hits

IMPROVEMENT TRUST, LUDHIANA VERSUS UJAGAR SINGH & ORS.

 08 July 2010

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Posted in Others |   2014 hits

High Court not to interefere decision of Court Martial

 05 July 2010

Irregularities - Punishment - Section 122 of the Army Act, 1950 - Respondent subjected to Court martial and inflicted with punishment of forfeiture of 8 years of service for his role in irregularities in purchasing of hygiene and chemicals - Order of..

Posted in Labour & Service Law |   2093 hits

Membership of elected member cannot be cancelled due to his voting

 05 July 2010

Removal of Elected member of Gram Panchayat on alleged grounds of abuse of power and obstruction in work - Whether removal of an democratically elected member justified on the ground of opposing resolution of Gram Panchayat? ..

Posted in Civil Law |   1446 hits

Investigation is the realm of the police and not of Court

 05 July 2010

Inherent powers of High Court - Execution thereof under Section 482 of the Code of Criminal Procedure, 1973 - Whether the High Court is empowered to give directions under sec. 482 to quash proceedings against the petitioners? ..

Posted in Criminal Law |   1085 hits

No need to follow section 154 Cr. P. C. prior to invoking 156 (3)

 05 July 2010

FIR registered in pursuance to application moved under section 156(3) of the Code of Criminal Procedure, 1973 by the complainant without exhausting the procedure under section 154 Crpc - Whether order passed under section 156(3) by Chief Metropolitan..

Posted in Criminal Law |   3340 hits

Parliament has got power to change the Service Condititions

 05 July 2010

Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the ab..

Posted in Constitutional Law |   1456 hits

Section 12(2) of Administrative Tribunal (Amendment) Act, 2006 is constitutional

 05 July 2010

Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the ab..

Posted in Constitutional Law |   2401 hits

Restriction of term of a member of Tribunal is not unconstitutional

 05 July 2010

Extension of Terms of members of administrative Tribunal - Sections 8,10A, Administrative Tribunal (Amendment) Act, 2006 - Whether Section 10A, which restricts the total term of the Member of the Administrative Tribunal to ten years should be regarde..

Posted in Constitutional Law |   1151 hits

Insurer is liable if workman died during the course of employment

 29 June 2010

Quantum of Compensation - Section 10 of Workmen Compensation Act, 1988 - Sections 147(1) and 164 of Motor Vehicles Act, 1988 - Whether deceased died during the course of doing his wok under employment of the opposite party and the Appellant, insurer,..

Posted in Labour & Service Law |   2112 hits

Period of 240 days can be counted if workan did job in two concerns of the same management

 29 June 2010

Retrenchment - Non completion of 240 days - Whether work done in two independent establishments can be clubed together to claim continuous working of 240 days and also without the compliance of the statutory provision of section 25-F Industrial Dispu..

Posted in Labour & Service Law |   1643 hits

Daftsman falls within the definition of workman

 29 June 2010

Verbal Termination - Section 2(s) of the Industrial Disputes Act, 1947 - Whether a draftsman would fall under the definition of a workman? ..

Posted in Labour & Service Law |   2607 hits