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Judgments and Orders

MV Act- Pay and recover method not proper

 11 September 2009

if the Insurance Company proves that it has no liability to pay compensation to the claimants, the Insurance Company can not be compelled to make payment and later on recover it from the owner of the vehicle - Matt..

Posted in Civil Law |   4139 hits

Student is not a consumer of Education Board

 11 September 2009

The Board does not carry on any commercial, professional or service-oriented activity. No `benefit' is conferred nor any `facility' provided by the Board for any consideration. Therefore, the Board is not a `service provider' and a student who takes ..

Posted in Civil Law |   1452 hits

Termination of Service

 20 August 2009

Termination of service in Private Sector as per terms of contract of employment is not agasint Public Policy nor in violation of Article 14 of the Constitution of India. Central Inland Water Corporation 1986(3)SCC156 differed...

Posted in Labour & Service Law |   4328 hits

Ready and willing - Mere assertion in plaint

 06 August 2009

Specific Relief Act, 1963, Section 16(c) - Ready and willing - Mere assertion in plaint is not sufficient - It must be proved that consideration amount was available - When such proof is not produced before Court then it must be held that plaintiff w..

Posted in Property Law |   4121 hits

sec. 311

 31 July 2009

Leave granted. This appeal, by special leave, has been preferred against the judgment and order dated 8.10.2004 of Bombay High Court by which the revision preferred by the respondent was allowed and the order dated 12.8.2004 passed by the learned Se..

Posted in Criminal Law |   1448 hits

Section 313 of the

 31 July 2009

The petitioner has filed the present revision application for setting aside the order passed by the learned Additional District Judge, Fast Track Court-IInd, Later in Sessions Trial,whereby, the learned court below has allowed the petition under Sect..

Posted in Criminal Law |   1197 hits

Arbitration clause - form not nessecery

 29 July 2009

The Arbitration and Conciliation Act, 1996, which defines `arbitration agreement' u/s 7, does not prescribe any form for the purpose nor does it require an arbitration agreement to be in any particular form. What is required is to gather the intent..

Posted in Corporate Law |   2104 hits

Rape also constitutes abatement to sucide

 14 July 2009

committing suicide by a woman as a consequence of rape constitutes the offence of abatement to suicide punishable under section 306 of Indian Penal Code ..

Posted in Criminal Law |   3754 hits

Privacy of Building

 13 July 2009

Every Person has right to open as many windows in his wall as he likes , he may even demolish the Entrire Wall . His neibours can not compell him to make the wall or close the Windows .The Neibour may protect his privacy by making the wall on his ..

Posted in Civil Law |   1373 hits

accident claim when no valid DL

 12 July 2009

As a matter of fact, in view of the clear mandate of Section 3 of the Act, the deceased driver was not even permitted to drive the insured vehicle in a public place. Furthermore, the claimant not only committed breach of the terms of the policy, he ..

Posted in Civil Law |   1714 hits

Insurance - Non disclosure of change in health

 11 July 2009

Instead of the Corporation sending any notice to the proposer that the acceptance by them of the premium and the risk would be subject to the condition that the health of the life proposed should remain meanwhile unaffected, the proposer himself had..

Posted in Corporate Law |   2780 hits

Married daughters rights in the Ancestral Proeperty

 09 July 2009

..

Posted in Property Law |   2098 hits

silent spectator and common intention

 08 July 2009

Two children sacrificed by their father (A1) and aunt (A2) due to superstition . Mother (A3) and uncle (A4) of diseased children remaining silent spectator . Allegation against them was that they were not raising objection to the illegal criminal a..

Posted in Criminal Law |   1898 hits

PUBLIC PURPOSE in land acqisation act

 06 July 2009

PUBLIC PURPOSE in LAND Acquisition DISCUSSED ELABORATELY WITH CITATIONS BY SUPREME COURT OF INDIA ..

Posted in Civil Law |   4002 hits

whether the right to education includes adult professional e

 04 July 2009

Nature of the case Constitutional challenge querying whether the “right to life” in Article 21 of the Constitution of India guarantees a fundamental right to education to citizens of India; role of economic resources in limiting right to education; ..

Posted in Constitutional Law |   2778 hits

Delhi High Court legalising gay sex among consenting adults

 03 July 2009

Delhi High Court legalising gay sex among consenting adults..

Posted in Criminal Law 4 comments |   1752 hits

Bail of one, not ground for other

 03 July 2009

..

Posted in Criminal Law |   6363 hits

no recovery could be made personally from Directors in respe

 27 June 2009

Notices demanding central sales tax arrears from Director assailed. Impugned issue contended by petitioner as settled by High Court decisions holding that no recovery could be made personally from Directors in respect of liability of company. Company..

Posted in Corporate Law |   3503 hits

Section proviso sec. 11AC CEA

 27 June 2009

Dealer-respondent engaged in manufacture of unprocessed woven fabrics, chenille fabrics and pile fabrics falling under Chapter 54, 55 and 58 of Central Excise Tariff Act, 1985. There is no increase or decrease in assessment of duty of excise. Alterat..

Posted in Corporate Law |   2293 hits

terms of royalty not includible at bulk stage

 27 June 2009

Appellants manufactured bulk horlicks and on clearance duty is paid on basis of cost construction under Rule 8 of CE valuation rules. Revenue contented that charges paid by appellants in terms of royalty is includible at bulk stage. Principles enunci..

Posted in Corporate Law |   1373 hits