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Lawyersclubindia Judiciary

In case of death of the alleged person Habeas Corpus Petition will be closed

 08 December 2011

This petition has been filed by the petitioner praying that this Court may be pleased to issue a Writ of Habeas Corpus directing the respondents to produce the detenus, namely, 1.Victus (IC No.020288), aged 42 years, son of Xavior, 2.Anthoniraj (IC N..

Posted in Civil Law |   1707 hits

Order Passed by appellate court remanding to the Lower Court against which appeal would lie can not be treated as decree

 08 December 2011

This Second Appeal is focussed by the original Plaintiff animadverting upon the judgment and decree dated 22.12.2009, passed in A.S.No.32 of 2008 by the learned Principal District Judge, Madurai in reversing the judgment and decree dated 30.12.2004, ..

Posted in Civil Law |   2696 hits

Only taking part in the strike cannot be consider ineligible for payment of bonus and it should be treated unfair labour practice under Sec 28 of ULP Act 1971

 07 December 2011

By this petition under Article 226 of the Constitution of India, the Municipal Corporation of Greater Mumbai (for short ‘the Corporation’) being Petitioner No.1 and the Municipal Commissioner being Petitioner No.2 have challenged the judgment and ord..

Posted in Civil Law |   1464 hits

In case of any change in the claimant statement there should be counter signed

 07 December 2011

The claimant filed the claim petition by contending that on 22.12.2004 at about 9.30 pm when he was riding the vehicle TVS Victor motorcycle bearing Registration No. TN 37 AE 1372 from Coimbatore Thadagam Road towards Muthannan Kulam to Selvapuram, w..

Posted in Civil Law |   1604 hits

Document not violating any provision of law cannot be consider illegal. From

 07 December 2011

Case of the appellants as per the plaint was that appellant No.2 Somwati, being owner of property No.TA-171/1, Tughlakabad Extension, New Delhi intended to raise construction thereon and needed money. Respondent No.1 Rameshwar Yadav, agreed to initia..

Posted in Civil Law |   1680 hits

Inspection of suit property can be made only for the purpose of ascertaining the change in the property

 06 December 2011

This application under Article 227 of the Constitution of India is directed against the order dated 22nd August, 2006 passed by the Learned Additional District Judge, 1st Court, Jalpaiguri in Civil Revision No. 5 of 2002 and an order dated 2nd March,..

Posted in Civil Law |   3743 hits

Order issued by giving effect to the Circular leave no option to the Railway to deny the condition mention in the circular issued by them

 06 December 2011

The petitioner in the original application before the Tribunal, being the respondent herein, appeared in a regular recruitment process for the post of Assistant Signal Maintainer, Grade-III. He became successful in the process and was asked to appear..

Posted in Civil Law |   1822 hits

Appointment of legal representative should be disclose and making delay I court proceeding is treated violation of sec 303 of the Code CP

 06 December 2011

One Raja Laxman Singh the original owner of 85.10 bighas of land situate at Mauza Jandrighat Bhatyat (now Chuwari) expired on 20.5.1971. His properties were inherited by one Raja Prem Singh and after coming into force of the Himachal Pradesh Ceiling ..

Posted in Criminal Law |   1717 hits

Official Liquidator shall ensure that irreversible can not be created regarding the amount paid by the purchaser

 06 December 2011

Heard Mr. Manish Bhatt, learned senior counsel, appearing with Mrs. Mauna Bhatt, learned advocate for the applicant, Ms. Yajnik, learned advocate for the respondent No.1-OL and Mr. Rutvij Bhatt, learned advocate for the respondent No.2. 2. From ..

Posted in Corporate Law |   1684 hits

Sec 86 of the code applies only when the property was enjoyed by the foreign state

 06 December 2011

By this revision application under Section 115 of the Code of Civil Procedure, 1908 the revision applicants who are defendants in a suit filed by the 1st respondent have challenged the order dated 18th December, 2007 passed by the learned Judge of th..

Posted in Civil Law |   1941 hits

Leave from the Court to withdraw petition with liberty to redress by approaching the Tribunal

 06 December 2011

The Write Petition is filed under Article 226 and 227 of the Constitution of India, Praying to set aside the order dated 15.02.2010 passed by Civil Judge (Sr. Dn.) & Addl.MACT at Gubbi passed in MVC No.1235/07 in the order sheet itself vide annexur..

Posted in Civil Law |   1515 hits

Non submission of Certificate cannot be treated as not eligible for the interview

 03 December 2011

The question which arises for consideration in this appeal is whether the decision of the Union Public Service Commission (for short, `the Commission’) to reject the respondent’s candidature for the post of Legal Advisor-cum- Standing Counsel in Land..

Posted in Civil Law 2 comments |   2220 hits

Rent controller is not a court as per Sec 195 but in case of false statement it can be maintainable at the instance of Private party

 03 December 2011

The said Respondent filed Crl. RBT Complaint No.283/19.8.2003/2.8.2005 against the Appellants before the Illaqa Magistrate, under Sections 193, 420, 120-B IPC, for allegedly making false statements in judicial proceedings before the Rent Controller, ..

Posted in Criminal Law |   2500 hits

Proceedings before the learned arbitrator do not show that, he issue any direction for production of purchase file

 03 December 2011

These proceedings commenced with the filing of the Award dated 28th October 1992 by the learned Arbitrator to this Court on 26th July 1994. The disputes adjudicated by the learned Arbitrator related to the supply by the Petitioner Vidarbha Paper Mill..

Posted in Civil Law |   1237 hits

Allegation cannot be proved in the absence of documentary or oral evidence as per the IPC

 03 December 2011

Respondent Shera Ram @ Vishnu Dutta was charged for committing an offence under Sections 302, 295 and 449 of the Indian Penal Code, 1860 (for short ‘IPC’) and was sentenced to undergo imprisonment for life by the Additional Sessions Judge-1, Jodhpur..

Posted in Criminal Law |   2417 hits

Under Sec 143(3) whether the expenditure Capital or Revenue is relevant for the regular assessment.

 03 December 2011

This appeal is directed against the Tribunal’s order dated 19th May, 2006 for the block assessment period 1.4.1988 to 14.10.1998. The main issue raised is in respect of the deletion by the CIT(A) and the Tribunal of the addition of about ` 51.52 lacs..

Posted in Taxation |   1274 hits

Proceedings pending in a Court cannot be entertained by another Court till the judgment given in the first proceeding

 02 December 2011

THIS WRITE PETITION ID FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE PROCEEDING PENDINGS BEFORE THE PRL DISTRIC JUDGECHITRA DURGA IN AC (A) 76/07 VIDE ANN F AND ETC...

Posted in Civil Law 1 comments |   1664 hits

As per Sec 12 Prevention of Corruption Act 1988 delays due to the system cannot taken as advantage to the person served just desert long ago

 02 December 2011

This appeal is directed against the conviction of the appellant, an Assistant Collector of Central Excise, for offence punishable under Section 12(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, _ the PC Act, 1988_ ) and..

Posted in Criminal Law |   3766 hits

In a qualifying exam candidates scoring higher marks should be given first preference

 02 December 2011

This petition arises from the order passed by the Maharashtra Administrative Tribunal (the Tribunal for short) on 22/8/2011 thereby dismissing O.A. No. 569 of 2011 filed by the petitioner. The Tribunal has accepted the contentions of the Presenting O..

Posted in Civil Law |   1980 hits

Furnishing incorrect certification about eligibility for the vacancy may cause termination of Service

 01 December 2011

. The respondent no.1 was on 16th August, 2008 appointed to the post of Senior Theatre Technician, a Group-C non-gazetted post, on temporary basis and as per the terms of appointment was to be on probation for a period of two years and which period w..

Posted in Civil Law |   1937 hits







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