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Judgments and Orders

156 (3) Cr.P.C.-Rape allegation against father-in-law

 25 October 2009

156 (3) Cr.P.C.-Rape allegation against father-in-law-no reason not to direct registration of FIR-order quashed-matter remanded......

Posted in Criminal Law 4 comments |   6565 hits

CAPITAL PUNISHMENT-ART 21

 24 October 2009

Constitution of India, 1950: Article 32--Writ petition by wife of condemned prisoner---Capital punishment-- Justification of--Hanging by neck--Scientific and less painful. Constitution of India, 1950:Article 21 ---Death penalty--- Awarding--Not u..

Posted in Constitutional Law |   5443 hits

MV ACT-THIRD PARTY INSURANCE-OWNER DEAD IN NO CLAIM

 24 October 2009

"That as per Motor Vehicle Acts and Rules the owner is not entitled to get any compensation if he drives the vehicle and falls in an accident- As the Insurance Policy is a third party in nature- The contract between the insured and insurer is that..

Posted in Others |   4795 hits

TVS -BAJAJ CASE ON FLAME BIKE

 24 October 2009

Further applying the well laid down principle that when application for revocation of a patent of the Respondent is pending before the Appellate Tribunal and when such an application has been preferred on the ground of existence of a prior art, o..


TVS -BAJAJ CASE ON FLAME BIKE

 24 October 2009

The said application of the Respondent was resisted by the Appellant by contending that the use of two spark plugs in an IC engine was a prior art for which no patent could have been applied for and that the Respondent resorted to a deceptive met..


Hindu Marriage Act - section 13(1)(1a)(1b)

 24 October 2009

Section 13(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial court did not grant a decree - for divorce, but thought it appropr..

Posted in Family Law |   24324 hits

Motor accident - negligent driving - compensation

 24 October 2009

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Posted in Civil Law |   1500 hits

Transfer of divorce suit

 24 October 2009

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Posted in Family Law |   1758 hits

Motor Vehicles Act, 1988

 24 October 2009

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Posted in Civil Law |   2172 hits

PRESUMTION REBUTAL -NI ACT SEC 138,139 AND 142

 16 October 2009

It is now well settled when two views are possible, the High Court while exercising its appellate power against a judgment of acquittal, shall not ordinarily interfere therewith. [See V. Venkata Subbarao v. State represented by Inspector of Police..

Posted in Criminal Law 1 comments |   3700 hits

EVIDENCE ACT 134-LAND MARK SC JUDGMENT

 16 October 2009

Coming to the question whether on the basis of a solitary evidence conviction can be maintained, a bare reference to Section 134 of the Evidence Act, 1872 (in short \023the Evidence Act\024) would suffice. The provision clearly states that no par..

Posted in Criminal Law |   5932 hits

HMS ACT-1956 - SEC 8 ADOPTION

 16 October 2009

The present appeal involves a very simple issue but when the background facts are considered it projects some highly emotional and sensitive aspects of human life...

Posted in Family Law |   2680 hits

ANTI CORRUPTION TRAP CASE SC JUDGEMENT

 14 October 2009

BURDEN OF PROOF..

Posted in Criminal Law 1 comments |   16428 hits

498 A QUASH

 28 September 2009

(i) A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused. For..

Posted in Criminal Law |   3216 hits

AN IMPORTANT CASE SC CITATION ON VALIDITY OF JUDICIAL STAMP

 26 September 2009

(i) Whether the agreement of sale executed on two stamp papers purchased on different dates and more than six months prior to date of execution is not valid? ..

Posted in Civil Law |   2249 hits

SHRI D.K. BASU v State of West Bengal

 26 September 2009

CONSTITUTION - ARTICLE 21 & 22 - CUSTODIAL DEATH - CUSTODIAL VIOLENCE - Power of Arrest - Requirements of - Whether monetary compensation should be awarded for established infringement of fundamental rights guaranteed by Articles 21 & 22 - Held, Cour..

Posted in Criminal Law |   2647 hits

NI ACT 138 CASES

 26 September 2009

IMPORTANT CASE LAWS ON THE NEGOTIABLE INSTRUMENTS ACT - SEC.138 CASES...

Posted in Criminal Law 3 comments |   46364 hits

capital punishment

 18 September 2009

Death punishment - Rarest of rare case - principls and case law discussed..

Posted in Criminal Law |   2682 hits

application by a third person u/s 155(2) Cr.P.C.

 18 September 2009

Permission under s. 155(2)of Cr.P.C.can be granted by the Magistrate on the basis of the application moved by the complainant or any other aggrieved person..

Posted in Criminal Law |   2450 hits

Remand u/s 167, CrPC

 18 September 2009

The magistrate is fully empowered to grant remand under proper sections after perusal of the case dairy and applying its judicial mind, ignoring the prayer made by investigating officer in remand application.He is not bound to grant remand for judici..

Posted in Criminal Law |   8757 hits