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Judgments and Orders

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 |   2470 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 |   2171 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 |   4216 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 |   3504 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 |   3615 hits

Section 307 to 302 of the IPC

 12 May 2010

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

Posted in Constitutional Law |   4254 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 |   9299 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 |   1462 hits

Samir Chandra Das Versus Bibhas Chandra Das & Ors

 11 May 2010

Challenge in this appeal is to the Division Bench Judgment of the Calcutta High Court wherein the appeal filed by respondent herein, namely, Bibhas Chandra Das was allowed holding that no probate could be granted in favour of the present appellant, n..

Posted in Others |   2331 hits

Section 376 India Panel Code

 11 May 2010

This appeal by special leave is directed against the judgment of the Calcutta High Court setting aside the acquittal of the appellants herein under Section 376 IPC and sentencing them to suffer rigorous imprisonment for five years and to pay a fine o..

Posted in Constitutional Law |   3104 hits

Article 32 of the Constitution of India

 11 May 2010

This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Article 156 of the Constitution, has been referred to the Constitution Bench, by a two Judge Bench of this Court..

Posted in Constitutional Law |   4504 hits

Dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881

 11 May 2010

In the present case, the trial court had acquitted the appellant-accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 [Hereinafter ‘Act’]. This finding of acquittal had been made by the Addl..

Posted in Criminal Law 1 comments |   3961 hits

Dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881

 11 May 2010

In the present case, the trial court had acquitted the appellant-accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 [Hereinafter ‘Act’]. This finding of acquittal had been made by the Addl..

Posted in Criminal Law |   3115 hits

Section 260 (A) of the Income Tax Act, 1961

 11 May 2010

On a first flush, after bare perusal of the impugned order passed in Revenue Tax Appeal No. 1904 of 2005, decided on 8.8.2006 by Division Bench of the High Court of Gujarat at Ahmedabad, we thought of remanding the matter for a fresh decision on meri..

Posted in Taxation |   3483 hits

Section 40 of the Kerala Court-Fees and Suits Valuation Act, 1959

 11 May 2010

This appeal filed for setting aside order dated 21.7.2008 passed by the learned Single Judge of Kerala High Court in Writ Petition No.21820 of 2008 whereby he declined to interfere with the direction given by Sub Judge, Palakkad (hereinafter describe..

Posted in Corporate Law |   5172 hits

Secretary, Cannanore District Muslim Educational Association, Kanpur Versus State of Kerala and oth

 11 May 2010

. The Appellant had been applying for Higher Secondary courses ever since 1996. However, its applications were not considered by the respondents in light of the policy that the Government was allowing only those applicants who already had existing Hi..

Posted in Others |   1816 hits

M/s Jeevan Diesels & Electricals Ltd. Versus M/s Jasbir Singh Chadha (Huf) & Anr.

 11 May 2010

The material facts of the case are that the respondents-plaintiffs, claiming to be the landlords/owners of the premises bearing Flat No.205, (2nd Floor), Arunachal Building, 19, Barakhambha Road, New Delhi-110001 having area of 581 sq. ft., (super ar..

Posted in Others |   3005 hits

Doctrine of lis pendens

 10 May 2010

Transfer Of Property Act, 1882 - Interpretation of s. 43 - Suit for declaration pending - Respondent purchased the property - Doctrine of lis pendens - High Court held that s. 43 would applicable..

Posted in Civil Law |   3875 hits

Specific Relief Act

 10 May 2010

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Posted in Civil Law 1 comments |   3365 hits

Burglary insurance

 10 May 2010

The issue that came up for consideration in this case is, whether the loss of goods sustained by the insured, fall within the meaning of 'burglary' as stated in the insurance policy - Whether it is burglary or not, depends upon the facts and circumst..

Posted in Others |   2815 hits







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