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Judgments and Orders

Supreme Court of India

 27 February 2009

A trader may acquire a commodity in which he is dealing, for, his own purposes, and hold it apart from the stock-in-trade of his business. There is no presumption that such an acquisition, even if it is an accretion to the stock-in-trade of the busin..

Posted in Corporate Law |    hits

Income-tax-'Association of Persons'-What constitutes

 27 February 2009

For forming an 'Association of Persons' the members ,of the association must join together for the purpose of producing income. An 'Association of Persons' can be formed only when two or more individuals voluntarily combine together for a certain pur..

Posted in Corporate Law |    hits

Dismissal of appeal for default

 27 February 2009

Dismissal of appeal for default-once an appeal is admitted and is placed for hearing on merits, it can be dismissed for default but cannot be decided on meritsin absence of applicant or his advocate...

Posted in Civil Law |    hits

Occupational accidents and diseases

 26 February 2009

Therefore, we hold that right to health, medical aid to protect the health and vigour to a worker while in service or post retirement is a fundamental right under Article 21, read with Articles 39(e), 41, 43, 48A and all related Articles and fundame..


NOC nor required for erection of tower by local body

 26 February 2009

Municipality is directed to consider the application for licence submitted by the petitioner without insisting on production of any No Objection Certificate or permission from the Atomic Energy Commission. In other words, if the petitioner is having ..

Posted in Constitutional Law |    hits

radiation emanating from the towers

 26 February 2009

It has, therefore, to be found that the apprehension of the local public that there will be serious health hazards on account of the installation and energisation of the B.T.S by the petitioner is irrational...

Posted in Constitutional Law |    hits

sound pollution

 26 February 2009

if the installation of generator would cause any sound pollution, evidently Pollution Control Board can give appropriate direction and the petitioner will have to obtain necessary consent from the Pollution Control Board for installation of generato..

Posted in Constitutional Law |    hits

nature of Will

 25 February 2009

Will is executed when the owner of a property forms an opinion that his/ her estate should not devolve upon the existing heirs according to the law governing intestate succession. When, thus, a person who would have otherwise succeeded to the estate..

Posted in Property Law |    hits

conversion of land reserved for public purpose in a layout

 25 February 2009

The portion of land reserved for public purpose in a layout or in a development plan or master plan approved by the local body cannot be used for any other purpose than the one specified therein..

Posted in Constitutional Law |    hits

SABAR BHATTI V STATE

 25 February 2009

The appeal pertaining to his conviction for the offence of murder is dismissed and the charge having been established is upheld. ..

Posted in Criminal Law |    hits

ASLAM .....V STATE

 25 February 2009

Impugned judgment dated 11.10.2004 and order dated 14.10.2004 sentencing the appellant to undergo imprisonment for life for the offence punishable under Section 302 IPC and to undergo rigorous imprisonment for a period of 7 years for the offence p..

Posted in Criminal Law |    hits

RAJ KUMAR V STATE

 25 February 2009

The possibility of the appellants being falsely implicated by PW-2 to extract the return of his loan cannot be ruled out. 30. The appeals are allowed. Impugned judgment and order dated 10.8.2007 convicting the appellants is set aside. The appellan..

Posted in Criminal Law |    hits

KISHAN @ BABLI ..... V STATE

 25 February 2009

It is settled law that where a person primarily intends the commission of a particular offence, say robbery; but is armed and uses the weapon of offence if obstructed in the act to rob, an intention to use force to achieve robbery and in said act ..

Posted in Criminal Law |    hits

AJAY VERMA V STATE

 25 February 2009

the petitioner abused the liberty of bail granted to him in the aforesaid cases and it cannot be lost sight of that once bail is granted to the petitioner, he may again trap unwary manufacturers into losing large sums of money. It is, therefore, c..

Posted in Criminal Law |    hits

dishonour of cheque lost in transit

 25 February 2009

The cheque was sent for collection to Chengannur branch of the bank through M/s. Professional Couriers but the same was lost in transit. Banking Ombudsman gave similar advise to the respondent by pointing out that he can get duplicate cheque by res..

Posted in Others |    hits

Bank guaranteed encashment of the cheque

 25 February 2009

The cause of action to file the complaint had arisen on receipt of communication dated 20th February, 1999, by which the bank denied its liability to pay the amount of cheque in spite of the fact that the payment of the said sum was guaranteed. There..

Posted in Criminal Law |    hits

Petition dismissed for non prosecution

 25 February 2009

..

Posted in Criminal Law |    hits

Compromise Settlement Deed-set aside the impugned order.

 25 February 2009

in view of the settlement arrived at between the parties, it would be appropriate to set aside the impugned order and quash the proceedings, if any. We order accordingly...

Posted in Criminal Law |    hits

State v SIDHARTHA VASHISHT and ORS.

 24 February 2009

Substantive sentences of imprisonment in respect of Sidhartha Vashisht @ Manu Sharma shall run concurrently and all the three convicts would be given benefit of Section 428 Cr.P.C. ..

Posted in Criminal Law |    hits

Charan Singh v state

 24 February 2009

court in holding the appellant guilty under Section 302 IPC is not sustainable.Consequently, we set aside the conviction of the appellant under Section 302 IPC and acquit him of the charges...

Posted in Criminal Law |    hits