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Lawyersclubindia Judiciary

Balbir Singh Versus State of Haryana & Ors.

 07 April 2011

The grievance of the appellant before the High Court was that he was wrongly not appointed as an Art and Craft teacher. It was the case of the appellant that certain candidates belonging to backward class `A' category had been given appointment again..

Posted in Others |   1978 hits

Amendment to the Hindu Marriage Act, 1956

 07 April 2011

The plaintiffs (first wife and her two children) had filed a suit for partition and separate possession against the defendants for their 1/4th share each with respect to ancestral property which had been given to the first defendant by way of grant. ..

Posted in Family Law |   7050 hits

Section 302 read with Section 149 IPC

 07 April 2011

The present appeal is directed by the State of U.P. against the final order and judgment dated 23rd March, 2004 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 577 of 1981 whereby the High Court allowed the criminal appeal ..

Posted in Criminal Law |   2645 hits

U.P. Excise Group `A' Service Rules, 1983

 07 April 2011

This appeal is directed against the judgment of the High Court of Judicature at Allahabad dated 16th April, 2002, dismissing the writ petition challenging the Notification dated 17th May, 1999, wherein the appellants had been rendered ineligible for ..

Posted in Taxation |   1885 hits

Mohammad Aftab Mir Vs. State of J & K & Ors.

 07 April 2011

In between the months of February and May, 1995, armed militants laid siege to the aforesaid shrine prompting the Government to send two units of the army backed by the Border Security Force to flush out the militants from the shrine precincts. The C..

Posted in Others |   1263 hits

K.J.S. Buttar Versus Union of India and Anr.

 07 April 2011

The appellant is an ex-captain in the Indian Army, who was commissioned on 12.1.1969. During the course of his service, the appellant suffered serious injuries of a permanent nature and was 2invalided out of service. The Release Medical Board held on..

Posted in Others |   2208 hits

Proviso to Article 311(2) of the Constitution of India

 07 April 2011

The present appeal is directed against the judgment and order dated 27.09.2010 whereby the Delhi High Court partly Page 1 of 18 allowed the writ petition filed by the respondent herein by issuing a direction to the appellants to pass a speaking order..

Posted in Others |   8130 hits

Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985

 07 April 2011

This criminal appeal has been preferred against the judgment and order dated 19.5.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1711-SB/2005, by which the High Court has affirmed the judgment and order dated..

Posted in Others |   5705 hits

Chapter IVA of the Railways Act, 1989

 07 April 2011

The first respondent filed W.P.No.14945/2010 for quashing the award dated 8.2.2010 and for a declaration that the entire acquisition proceedings stood lapsed under section 20F(2) of the Act, as the award was not made within one year from the date of ..

Posted in Others |   2352 hits

Section 151 of the Code of Civil Procedure

 07 April 2011

The appellant resisted the suit. He alleged that he was in need of Rs.150,000 and approached the respondent who was a money lender, with a request to advance him the said amount as a loan; that the respondent agreed to advance the loan but insisted t..

Posted in Civil Law |   5782 hits

Indian Council for Agricultural Research (hereinafter referred to as `ICAR')

 07 April 2011

The controversy in this appeal pertains to the promotion to the post of Principal Scientist under the "Career Advancement Scheme" formulated by the Indian Council for Agricultural Research (hereinafter referred to as `ICAR'). There are two streams fr..

Posted in Others |   3086 hits

Articles 14 and 16 of the Constitution of India

 07 April 2011

The respondent has a degree of B.A.M.S.(Bachelor of Ayurvedic Medicine and Surgery). She alleged in her writ petition filed in the High Court that she had all the requisite qualifications to be appointed as Medical Officer in the U.P. State Services...

Posted in Others |   8030 hits

Drugs (Price Control) Order, 1970 [in short, "DPCO 1970"]

 07 April 2011

The issues that arise for our consideration and decision in this appeal are :- i. Whether the Central Govt. was justified in issuing a demand based on Drug Prices fixed on 02.01.1989, instead of drug prices fixed on 20.11.1986. ii. Whether the Ce..

Posted in Others |   4151 hits

Section 45(1A) of the Prevention of Money Laundering Act, 2002

 05 April 2011

This appeal is directed against the judgment and order dated 04.08.2010 passed in Writ Petition (PIL) No.4700 of 2008 by the High Court of Jharkhand at Ranchi...

Posted in Criminal Law |   2830 hits

Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989

 05 April 2011

The appellant is the Headmistress in the Little Star School located at Gayatri Hills, Yousufguda, Hyderabad has preferred this appeal against the impugned judgment and order passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Cri..

Posted in Constitutional Law |   7120 hits

Tirumala Tirupathi Devasthanam Act, 1932 (in short `TTD Act')

 05 April 2011

This appeal by special leave is directed against the judgment of the High Court of Andhra Pradesh at Hyderabad rendered in Writ Petition No. 24124 of 2009 dated 28th April, 2010 whereby the High Court set aside the extension granted to the appellant ..

Posted in Others |   7509 hits

Arbitration and Conciliation Act, 1996

 05 April 2011

The second respondent (referred to as the `Developer') entered into a development agreement with the owners of certain lands at Bachupally village, Qutubullapur Mandal, Ranga Reddy District, for constructing independent houses and multistoried Apartm..

Posted in Corporate Law |   2521 hits

Section 29(7) of the Rajasthan Sales Tax Act, 1994

 05 April 2011

This appeal is directed against the judgment and order dated 03.05.2010 passed by the Rajasthan High Court, Jodhpur Bench, in S.B. Civil [Sales- Tax] Revision No. 74 of 2010, whereby the High Court dismissed the said Revision Petition preferred by th..

Posted in Taxation |   2597 hits

Section 302 Indian Penal Code

 05 April 2011

If ever there was a case which cried out for death penalty it is this one, but it is deeply regrettable that not only was no such penalty imposed but not 2even a charge under Section 302 IPC was framed against the accused by the Courts..

Posted in Criminal Law |   3202 hits

HC took suo motu action on basis of some information which has not been disclosed in impugned order

 05 April 2011

The High Court took suo motu action on the basis of some information which has not been disclosed in the impugned order. The cause title in the impugned judgment reads: "Court on its own motion vs. State of Maharashtra through its Secretary, Educatio..

Posted in Others |   2809 hits