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Judgments and Orders

State v SIDHARTHA VASHISHT and ORS.

 24 February 2009

while holding Sidhartha Vashisht @ Manu Sharma guilty under Section 302 IPC for the murder of Jessica Lal as also under Section 27 Arms Act and Section 201/120B IPC, we also hold Amardeep Singh Gill and Vikas Yadav guilty for the offence punishable u..

Posted in Criminal Law |    hits

AJAY KUMAR TRIPATHI VS STATE

 24 February 2009

under Section 386(3) altered the finding by making an amendment in the judgment by holding the appellant guilty for an offence under Section 302 read with 201 IPC. ..

Posted in Criminal Law |    hits

ATE V$ Mohd. Sheikh Noor Hussain

 24 February 2009

although this is a case which is repulsive and gruesome in nature, yet we find that the accused comes from the poorest strata of society and it cannot be ruled out that there is no possibility of the accused being reformed and rehabilitated into the..

Posted in Criminal Law |    hits

STATE V BRIJ KISHORE

 24 February 2009

An angry young man of 21 years, having lost his house on a complaint made by the deceased, vent his anger in an irrational manner not accepted by law. The sentence of death to our mind would be far too harsh, not falling within the framework of 'rar..

Posted in Criminal Law |    hits

STATE V MOHD. HUSSAIN

 24 February 2009

death sentence imposed on the appellant Mohd. Hussain under Section 302 IPC CONFIRMED. The sentences imposed on him for his conviction under other offences of IPC and the Explosive Substances Act are also maintained. ..

Posted in Criminal Law |    hits

SUSHIL ANSAL V STATE

 24 February 2009

justice would be served if the sentence is reduced to rigorous imprisonment for one year and Rs. 5000/- under section 304-A. the default sentence in his case is also modified to simple imprisonment for two months. The conviction by the trial court i..

Posted in Criminal Law |    hits

claim of compensation in case of HT EB towers put up

 24 February 2009

there is no necessity to give any notice for the purpose of erection of tower or for making "transmission lines" and therefore, the petitioner is not entitled for the relief as claimed, except the right under Section 10(d) of the Indian Telegraph Act..

Posted in Property Law |    hits

Shri Hamid Khan V Shri Mohd. Arif

 24 February 2009

I feel that the trial court did not commit any error in holding appellant guilty for offence committed under Section 138 Negotiable Instruments Act.In view of the above discussion, the judgment dated 10.11.2003 and order of sentence dated 12.11.2003 ..

Posted in Criminal Law |    hits

Rajinder Kumar V STATE

 24 February 2009

At best, the appellant could be held guilty for an offence under Section 325 IPC. Resultantly, the impugned judgment and order on sentence is modified to the extent of holding the appellant guilty for committing offence under Section 325 of the India..

Posted in Criminal Law |    hits

Green Park Extension RMunicipal Corp. of Delhi anesidents V

 24 February 2009

Costs of Rs.25,000/- is also imposed on the MCD for not taking any action to demolish the illegal structure in the green area. The petitioner Association shall spend the aforesaid amount to plant more saplings in the green area of the colony and for ..

Posted in Constitutional Law |    hits

Hindu Worshippers of God are not a denominational section

 23 February 2009

Hindu Worshippers of God are not a denominational section and, therefore, they are not entitled to the benefit of Articles 26 (b) and 26 (d) of the Constitution for management of the Temples. ..

Posted in Constitutional Law |    hits

Criminal tresspass by some person given right under giftdeed

 23 February 2009

Criminal tresspass-Donor reserving life interest in the house gifted to the donee-Permitting another to reside with him-Status of that person after the death of the donor whether his occupation would amount to Criminal trespass- Penal Code Section 44..

Posted in Criminal Law |    hits

right to ascetic life of Sudras

 23 February 2009

It is, therefore, evident that with reluctance the right to ascetic life was extended to Sudras and in due recognition of their status, they were treated as Hindu sanyasis. At the present time, there is no distinction or barrier; any one may beco..

Posted in Constitutional Law |    hits

hedging contracts

 21 February 2009

forward transactions in respect of stock iwill be in the nature of hedging contracts.the existence of contract of sale is a condition precedent to attract clause (a) of proviso to section 43(5) of the Act, it stands relaxed to the extent allowed by C..

Posted in Corporate Law |    hits

Turnkey agreement

 21 February 2009

In a case of sale of goods simpliciter by a non-resident to a resident in India , if the consideration for sale is received abroad and the property in the goods also passes to the purchaser outside India , no income accrues or arises or deemed to ac..

Posted in Corporate Law |    hits

TDS on Commission,Retainer fee on export

 21 February 2009

whether tax at source is to be deducted for the following type of transactions: • Commission payable to above said non-residents on export earnings; and • Retainer fees payable to above said non-residents apart from commission payab..

Posted in Corporate Law |    hits

PRAKASH V STATE

 21 February 2009

The warm and the living hands of a Judge are the best reassurance to an accused that his fundamental right, of life and liberty, enshrined under the Constitution is preserved and protected. When these hand turn cold, the first casualty is Article ..

Posted in Criminal Law |    hits

State of Maharashtra V/s. Vasant Shanker Mhasane

 21 February 2009

The essence of prescribing a punishment for matrimonial cruelty in a penal code will be frustrated if in proven instances of cruelty a court were to bend to the multifarious pleas for leniency...

Posted in Criminal Law |    hits

state of Maharashtra V/s. Madhukar Narayan Mardikar

 21 February 2009

Merely because she is a woman of easy virtue, her evidence can not be thrown overboard...

Posted in Criminal Law |    hits

activities of the liaison office- appln of IT

 21 February 2009

in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase of goods in India for the purpose of export..

Posted in Taxation |    hits