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Judgments and Orders

Compulsory Registration of Marriages

 06 May 2010

Marriages - compulsory registration - directions were given to the States and the Union Territories in the matter of framing necessary statutes regarding compulsory registration of marriages - different States and Union Territories have placed on rec..

Posted in Family Law |   2871 hits

#)@ IPC

 06 May 2010

Indian Penal Code, 1860 — section 302 - conviction under by Additional Session Judge - appeal - dismissal by High Court appeal - there is strong circumstantial evidence that they were caused by the accused - this circumstantial evidence is sufficie..

Posted in Criminal Law |   2102 hits

Suit for Partition

 06 May 2010

Partition of a building constructed on a small piece of land between brothers - a serious endeavour has been made by this Court to amicably settle the matter - this Court is granting long time to the appellant to vacate the portion of the building i..

Posted in Civil Law |   2916 hits

If no lease period is mentioned therein, it is not for a specific period

 04 May 2010

Determination of lease period - No fix period mention in the lease deed - Whether lease can be treated as a perpetual lease? ..

Posted in Property Law |   1858 hits

Special Leave Petition is directed against the judgment and order of the Indore Bench

 04 May 2010

Special Leave Petition (Crl.) No.6276 of 2007, is directed against the judgment and order of the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.898 of 1997, challenging the judgment and order of conviction passed by the Addl. Ses..

Posted in Criminal Law |   3024 hits

the true test, is in interconnection and independence - in addition to geographical proximity and co

 04 May 2010

Permanent Establishment (PE) under DTAA - Test of Interconnection and Interdependence - Assessee - company incorporated in, and tax resident of, Mauritius - Engaged in business of marine and general engineering and construction, executed three contra..

Posted in Taxation |   1105 hits

Legally constituted society cannot be reconstituted prematurely

 04 May 2010

Re-registration of Society - Section 52 of the Tamil Nadu Societies Registration Act - Societies Registration Act, 1860 - Dhakshina Barath Hindi Prachar Sabha Act, 1964 - Writ petition filed to call for the records relating the Dhakshina Barath Hindi..

Posted in Civil Law |   1102 hits

Various complaints filed against the appellant

 04 May 2010

The appellant is a well known actress who has approached this Court to seek quashing of criminal proceedings pending against her. As many as 23 Criminal Complaints were filed against her, mostly in the State of Tamil Nadu, for the offences contemplat..

Posted in Criminal Law |   1759 hits

Indian Drugs & Pharmaceutical Ltd. (IDPL) challenges the judgment of Delhi High Court

 04 May 2010

Indian Drugs & Pharmaceutical Ltd. Versus Famy Care & Ors. - The respondent, Famy Care Company is engaged in the business of manufacture and supply of family planning products including Oral Contraceptives Pills (hereinafter “OCPs”). They have been s..

Posted in Others |   2372 hits

C. Magesh & Ors. etc. Versus State of Karnataka

 04 May 2010

. Narration of facts of the aforesaid criminal appeals arising out of common judgment and order passed by High court of Karnataka, Bangalore, in three criminal appeals, one preferred by convicted accused, other two by State of Karnataka, would reveal..

Posted in Criminal Law |   1315 hits

Shiefting venue of trial is not transfer of case

 03 May 2010

Criminal - Shifting venue of Trial - Whether shift as in the present case means "transfer" as contemplated in Section 407 of the Code of Criminal Procedure, 1973 ? Criminal - Conduction of Trial inside the jail premises - Violation of Articles 1..

Posted in Criminal Law |   1372 hits

State Govt. cannot file Appeal against Special Judge CBI

 03 May 2010

Criminal - Competence of State to file an Appeal - Scope of - Section 378, 378(1) and 378(2) of Code of Criminal Procedure, 1973 - Whether the State Government has competence to file an appeal from the judgment passed by Special Judge, CBI acquitting..

Posted in Criminal Law |   1499 hits

State Govt. cannot impose parameters over non-aided schools

 03 May 2010

Constitution - Starting a primary, secondary or higher secondary school on "permanent no grant basis" in "Marathi medium" - Bombay Primary Education Rules, 1949 - Proposal submitted pursuant to Government Circular - Government issued Impugned Resolut..

Posted in Constitutional Law |   1710 hits

Prisoners have full rights for medical treatment

 03 May 2010

Constitutional - Exhaustion of Remedies - 42 U.S.C. § 1997e(a), Department of Corrections' Procedural Rules - Suit against prison officials claiming denial of adequate medical care inspite of regular request and several prison grievance complaints - ..

Posted in Constitutional Law |   1571 hits

Delay in recording statement of witnesses is not helpful for accused

 03 May 2010

Order of Acquittal - Reversal thereof by High Court in Appeal - Challenge against thereto - High Court while reversing order of acquittal passed by the Trial Court convicted Appellant under Sections 302, 201, 120B of the Indian Penal Code, 1860 and S..

Posted in Criminal Law |   1815 hits

Fundamental Right to open School cannot be withdrawn

 01 May 2010

Right to Live vis-à-vis Right to Education -Articles 21 and 21A of the Constitution of India, 1950 ..

Posted in Constitutional Law |   1862 hits

Art. 226 is not meant for seeking direction for FIR

 01 May 2010

Criminal - Sections 36, 41, 154, 155, 156, 190, 200 and 482 of Criminal Procedure Code - Respondent has refused to register a complaint and thereafter the case was filed in Court - Respondent did not proceed in the case despite there being Court dire..

Posted in Criminal Law |   2510 hits

Limitation Act cannot be invoked in Special Acts

 01 May 2010

Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appea..

Posted in Civil Law |   3230 hits

Goods stands exempted if captively used for the manufacture

 30 April 2010

Excise - Dutiability - Marketability - Burden of proof - Section 2(d) of the Central Excise 1944 (the Act) - Assessee, a manufacturer of footwear, manufactured double textured fabric, a rubberised, used as upper material in the manufacture of foot we..

Posted in Taxation |   1368 hits

Factum of Pronouncement or order is he date of limitation

 30 April 2010

Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appea..

Posted in Civil Law |   1339 hits