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Judgments and Orders

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

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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

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