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Judgments and Orders

Complaint under Sections 498-A and 379 of the Indian Penal Code

 13 May 2010

In this appeal, the short question which arises for our consideration is that Respondent No.3 had filed a complaint under Sections 498-A and 379 of the Indian Penal Code [for short, `I.P.C.']. Learned counsel appearing for the appellant submit that n..

Posted in Criminal Law |   2544 hits

Govt. of Andhra Pradesh & Ors. Versus M/s. Obulapuram Mining Co. Pvt. Ltd.& Ors. Etc.

 13 May 2010

Determination of right to mining iron ore, a natural resource, has reached this Court in second round of litigation. Respondent No.1 in both the Special Leave Petitions had challenged the Order of State of Andhra Pradesh issued on 25.11.2009, suspend..

Posted in Others |   2524 hits

Esteem Properties Private Ltd. Versus Municipal Corpn. of Greater Mumbai & Ors.

 13 May 2010

The predecessor-in-interest of respondent no.3 was an unauthorised occupant of a hut/structure in the slum area measuring about 600 sq. ft. Respondent No.3 vide Deed of Assignment dated 15.7.2006 assigned her rights to the respondent no.4. The partne..

Posted in Others |   2046 hits

Moniruddin Ahmed @ Lalu Dealer & Ors. Versus State of West Bengal

 13 May 2010

Learned senior counsel for the appellants submitted that there should not be any conviction and sentence on disjointed and scrappy evidence. The trial Court as well as the High Court failed to take into account various infirmities that crept into th..

Posted in Others |   1333 hits

Balraje @ Trimbak Versus State of Maharashtra

 13 May 2010

Learned senior counsel for the appellant after taking us through all the relevant materials contended that the High Court has committed an error in upholding the conviction of the appellant when on the same set of evidence the other accused were acqu..

Posted in Others |   1281 hits

T. Narasimhulu & Ors. Versus State of A. P. & Ors.

 13 May 2010

. The relevant facts very briefly are that on 28.07.1983 the Government of India sent a Circular to all the State Governments to depute the Forest Range Officers who have passed the Forest Ranger Course with honours for admission to two year course a..

Posted in Others |   1834 hits

Fundamental Rules and Articles 14 and 16 of the Constitution

 13 May 2010

The relevant facts very briefly are that the respondents herein were working in the post of Investigators in the National Sample Survey Organisation, Government of India, Ministry of Planning and Implementation, Department of Statistics at Hyderabad,..

Posted in Others |   2899 hits

Essential Commodities Act, 1955

 13 May 2010

On 29.11.1985, the then Drugs Inspector, Park Town, II Range, Office of the Assistant State Drugs Controller Zone-1, inspected the premises of M/s. Sri Mahaveer Pharma Agencies (appellant no. 1 in Crl. A. No. 1034 of 2002) and found 68 bottles contai..

Posted in Criminal Law |   2996 hits

Section 498-A/34 IPC and Section 302/34 IPC

 13 May 2010

This appeal is directed against the final judgment and order dated 04.10.2007 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 2573 of 2006 whereby the High Court partly allowing the appeal acquitted Laxmibai – A-3, the mothe..

Posted in Criminal Law |   3621 hits

Judgment del. the SC on 11.5.2010 for the NCLT for your inf

 13 May 2010

These appeals arise from the order dated 30.3.2004 of the Madras High Court in WP No. 2198/2003 filed by the President of Madras Bar Association (MBA for short) challenging the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956(..

Posted in Corporate Law |   1964 hits

Harish Maganlal Baijal Vs. State of Maharashtra & Ors.

 12 May 2010

The petitioner appeared in the Maharashtra State Service (Main), Examination, 1990, which was held for the filling up of 22 posts of Deputy Superintendent of Police/Assistant Commissioner of Police, Class-I. In his application, the Petitioner gave hi..

Posted in Others |   2851 hits

Sections 397, 398, 402 and 403 of the Companies Act, 1956

 12 May 2010

The Petitioners herein filed Company Petition No.69 of 2006 before the Additional Principal Bench of the Company Law Board at Chennai under sections 397, 398, 402 and 403 of the Companies Act, 1956, alleging mismanagement and oppression by the major..

Posted in Corporate Law |   4920 hits

U.P. Industrial Undertaking (Special Provisions for Prevention of Unemployment) Act, 1966

 12 May 2010

The Respondent No.1 is a Public Limited Company engaged in the manufacture and sale of two wheelers, scooters and motorcycles, having its registered office at Panaki Industrial Area in Kanpur, U.P. The Company obtained power load from the Kanpur Elec..

Posted in Others |   2463 hits

U.P. Power Corporation Limited and others Versus M/s Amausi Textile Mills Limited and another

 12 May 2010

Respondent No.1 is running a spinning mill and is a consumer of electricity supplied by appellant No.1. In 1994, a notice was issued to respondent No.1 to pay the dues of electricity amounting to Rs.19,15,929.20. After paying a sum of Rs.3,02,668/-, ..

Posted in Corporate Law |   2161 hits

Article 131 of the Constitution of India

 12 May 2010

This is a suit filed under Article 131 of the Constitution of India by the State of Orissa (plaintiff) against the State of Andhra Pradesh (defendant) for a declaration that the Borra Group of villages, also referred to as ‘Borra Mutha’, form part of..

Posted in Constitutional Law |   4209 hits

Licence for acquisition and possession of firearms and ammunition

 12 May 2010

The respondents filed counter affidavit in opposition to the writ petition and pointed out that firearms fall under the restricted category of Exim Policy (1997-2002) and as such import of firearms is not permitted except against an import licence is..

Posted in Others |   3495 hits

Industrial Disputes Act, 1947

 12 May 2010

The respondent was appointed as conductor by the Rajasthan State Road Transport Corporation – (for short, ‘appellants’) on October 11, 1982. On January 17, 1983, while the respondent was on duty on Badi Chopad – Amer route, a surprise inspection was ..

Posted in Labour & Service Law |   3607 hits

Section 307 to 302 of the IPC

 12 May 2010

Munnawar & Ors. Versus State of U.P. etc...

Posted in Constitutional Law |   4241 hits

Interpretation of Articles 275 and 282 of the Constitution

 12 May 2010

On 23.12.1993, the then Prime Minister announced the MPLAD Scheme. This scheme was formulated for enabling the Members of Parliament to identify small works of capital nature based on locally felt needs in their constituencies. The objective, as seen..

Posted in Constitutional Law |   9277 hits

EKNATH GANPAT AHER & ORS. Versus STATE OF MAHARASHTRA & ORS

 11 May 2010

By this judgment and order, we propose to dispose of the two appeals filed by the fourteen accused persons who have been convicted and sentenced by the 2nd Ad-hoc Additional Sessions Judge, Ahmednagar by judgment and order dated 10.09.2004 which has ..

Posted in Others |   1451 hits