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Judgments and Orders

Scheduled Castes and Scheduled Tribes

 14 June 2010

Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - Service - Tribe Claim ..

Posted in Constitutional Law |   10265 hits

Seniority

 14 June 2010

Service - Seniority - , observations of the High Court are wholly unjustified inasmuch as the post of Commissioner of Customs and. - Civil Appeal stands allowed and the judgment of the High Court is set aside..

Posted in Constitutional Law |   3981 hits

RAHIS V STATE

 14 June 2010

MOTIVATED DYING DECLARATION.BENEFIT OF DOUBT TO HUSBAND IN KILLING HIS WIFE...

Posted in Criminal Law |   1224 hits

Eviction Proceedings

 11 June 2010

Eviction petition on basis of bonafide personal need - Allowed the Eviction Petition and directing the respondent to deliver/ vacant possession of the suit premises to the appellant..

Posted in Civil Law |   2825 hits

Review in Arbitration proceedings

 11 June 2010

Arbitration and Conciliation Act, 1996 - Section 11 - appeal against the order passed by Delhi High Court in Arbitration Application and the order rejecting the application for review - The High Court has rightly allowed the application for appointm..

Posted in Civil Law |   2959 hits

Suit for Damages

 11 June 2010

Suit for possession, recovery of damages and mesne profit and rent @ Rs.70,664/- p.m - Non-appearance of defendants - Suit decreed..

Posted in Civil Law |   2646 hits

Arms Act

 11 June 2010

Indian Penal Code, ss. 395 r/w 397, 396; Arms Act, s. 3 r/w 25 - On appeal, the High Court acquitted all the accused of the charges giving them benefit of doubt in the matter of identification of the accused persons; of recovery of articles at their ..

Posted in Criminal Law |   2345 hits

Freedom Fighters' Pension

 11 June 2010

whether the Freedom Fighters' Pension should be granted to the respondent from the date of the application or the date of the order granting the pension..

Posted in Labour & Service Law |   2944 hits

Claim

 11 June 2010

Claims involving insurance company, owner of the vehicle and third party -- In each of the impugned judgments the concerned High Court held that the principles laid down by this Court in National Insurance Co. Ltd. v. Swaran Singh (2004 (3) SCC 297) ..

Posted in Constitutional Law |   1336 hits

Provident Fund

 11 June 2010

Employees' Provident Funds & Miscellaneous Provisions Act, 1952, s. 7A - Respondent claimed in-fancy protection under the provisions of the Act - The appeal is sans merit, deserves dismissal..

Posted in Corporate Law |   1606 hits

REquisite Qualification

 11 June 2010

Punjab State Class IV Service Rules, 1963 - whether the authorities were justified in holding that they did not possess the requisite qualification for appointment under the Punjab State Class IV Service Rules, 1963 - The State of Punjab had taken ov..

Posted in Labour & Service Law |   2788 hits

High Court Judges (Conditions of service)

 10 June 2010

The appellant entered the Kerala Higher Judicial Service as a directly recruited District & Sessions Judge and was later elevated as a Judge of the Kerala High Court - He retired with 23 years of pension able service which included 8 years of servic..

Posted in Constitutional Law |   3360 hits

Jurisdiction of Superior Courts

 10 June 2010

Jurisdiction - extent of Superior Courts' jurisdiction to dismiss a writ petition for alleged suppression of material fact is involved in this appeal - a writ remedy is an equitable one. A person approaching a superior court must come with a pair of ..

Posted in Constitutional Law |   1838 hits

Bail in Narcotic's

 10 June 2010

sections 37 and 67 - notice under - appellant a highly qualified individual set 2 Companies - filed application for bail the High Court which was dismissed on the ground that a prima facie case under section 24 and 29 made out..

Posted in Criminal Law |   2833 hits

Service of a Judicial Officer

 10 June 2010

Services - termination of judicial officer - on the basis of report of enquiry officer appointed to enquire into the charges levelled - the disciplinary committee of the High Court opined that a departmental proceeding should be initiated against hi..

Posted in Constitutional Law |   3183 hits

Rape

 10 June 2010

Indian Penal Code, 1860 - section 376 - acquittal under - appeal against - The High Court observed that there was possibility of two years variation and therefore it was to be taken that the victims were more than 16 years of age. The High Court acc..

Posted in Criminal Law |   1931 hits

Rejection of Plaint

 10 June 2010

whether the defendants/ respondents herein made out a case for rejection of the plaint under Order VII Rule 11(d) of the C.P.C. ..

Posted in Civil Law |   6067 hits

Stamp Duty

 08 June 2010

Indian Stamp Act - stamp duty - deficiency - where the deficiency of stamp duty is noticed from the copy of any instrument, the Collector may call for the original document for inspection, and on failure to produce the original instrument could presu..

Posted in Constitutional Law |   3931 hits

FIR

 08 June 2010

whether the second First Information Report can be treated to be the First Information Report in relation to the incident and in any event any reliance can be placed thereupon - lodging of a First Information Report is necessary for setting the crimi..

Posted in Criminal Law |   1772 hits

A company cannot be described a party to arbitration if it has not signed contract

 08 June 2010

Party to Contract - Determination thereof - Whether a company could be said to be a party to a contract containing an arbitration agreement, even though it did not sign the agreement containing an arbitration clause, with reference to its subsequent ..

Posted in Corporate Law |   2604 hits