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Lawyersclubindia Judiciary

Section 14A(1) of the Telecom Regulatory Authority of India Act, 1997

 08 October 2010

The appellant-Shyam Telelink Ltd. was granted a licence under the Indian Telecom Act, 1885 on 4th March, 1998 for providing basic telecom services in Rajasthan Circle. A licence agreement was executed between the parties that, inter alia, required th..

Posted in Others |   1948 hits

all excisable goods produced or manufactured in India are exigible to duty of Excise

 08 October 2010

Assessment of Excise Duty - Sale of Shrimps and Shrimps seeds without requisite permission - Section 35(L)(b) of the Central Excise Act, 1944 - Whether sale by the Assessee without requisite Permission from the Development Commissioner, are to be as..

Posted in Taxation |   2140 hits

Lower Rank of Arbitrator cannot be a ground to reject is verdict

 08 October 2010

Arbitral Award - Invalidation of Award passed by Arbitrator of low rank - Scope and interference of Court thereof - Whether Rank of Arbitrator can be a ground to invalidate the Award? ..

Posted in Corporate Law |   1317 hits

Breach of terms of contract cannot be termed as breach of trust

 08 October 2010

Discharge from Service - Voluntary Suppression Scheme - Sections 420 and 406 of Indian Penal Code, 1860 (IPC) - Whether the allegations in the complaint make out a case of criminal breach of trust, as defined in Section 405 of the IPC against the App..

Posted in Criminal Law |   2037 hits

Section 18 of the Telecom Regulatory Authority of India Act, 1997

 08 October 2010

The appellant-company holds a licence to provide cellular mobile telephone services for Delhi Metro area. The Licence Agreement executed between the appellant on the one hand and the Government of India on the other, inter alia, provided for payment ..

Posted in Others |   1375 hits

Section 20 of the Prevention of Corruption Act, 1988

 08 October 2010

PW-1 Sudarshan and PW-2 Bhargave, two brothers, were running the Varsha Provision Store, Bijapur situated near the Government Maternity Hospital since the year 1989 after having obtained a license in the name of PW-2. The accusedappellant Narayana wh..

Posted in Criminal Law |   3602 hits

Section 1 of the Indian Police Act 1861

 08 October 2010

The respondents herein were serving in various districts in the State of Haryana as Constables, Head Constables, Exemptee Head Constables, Assistant Sub-Inspectors and Sub-Inspectors (hereinafter in short as ASI and SI, respectively). They were order..

Posted in Civil Law |   2778 hits

Bimla Devi Versus State Of Himachal Pradesh & ORS.

 04 October 2010

Being aggrieved by her non-selection, the appellant filed an application (OA No.2406 of 1999) before the Himachal Pradesh Administrative Tribunal challenging her non-selection. The appellant contended that the fourth respondent was ineligible for the..

Posted in Others |   2466 hits

Section 23(1) of the Land Acquisition Act

 04 October 2010

These two appeals by special leave raise common questions of law and shall stand disposed of by this common judgment. The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps. Nos..

Posted in Property Law |   3027 hits

Union of India and others Versus Narinderjit Singh Sidhu

 04 October 2010

The respondent was commissioned in the Indian Army in the Regiment of Artillery on June 23, 1968 in the rank of Second Lieutenant. After grant of Commission, the seniority of the respondent was re-fixed with effect from August 21, 1969. Thus, for the..

Posted in Others |   1406 hits

Section 166 of the Motor Vehicles Act, 1988

 04 October 2010

Arvind Kumar Mishra – appellant – a student of engineering final year at Birla Institute of Technology, Mesra (B.I.T.) at the time of accident was seriously injured as a result of a truck bearing registration No. DEG 3291 being negligently driven on ..

Posted in Civil Law |   4924 hits

K. Manorama Versus Union of India rep. by Genl. Manager Southern Railway & Ors.

 04 October 2010

Short facts leading to this appeal are as follows:- At the relevant time in November 1994, the appellant was working as a Chief Law Assistant which was a Group-‘C’ post in the Southern Railways. The post higher to this post is that of the Assistant L..

Posted in Others |   2150 hits

Section 80 of the Code of Civil Procedure (CPC)

 04 October 2010

These appeals are directed against judgments dated 21.4.1997 and 20.5.1998 of the learned Single Judges of the Himachal Pradesh High Court whereby they allowed the second appeals preferred by the plaintiffs respondents (hereinafter referred to as ‘th..

Posted in Civil Law |   5334 hits

Arbitration Act, 1940

 04 October 2010

The arbitrator made an award dated 6.7.1991 allowing claims 1 to 8, 11 and 12 (Note: claims 1,2 and 5 were allowed only in part) and disallowing claims 9, 13 to 20 of the respondent. The arbitrator also granted interest from 10.3.1989 to 6.1.1990 and..

Posted in Others |   1619 hits

Sections 302 and 307 of the Indian Penal Code, 1860

 30 September 2010

The facts and circumstances giving rise to this case are that an FIR was lodged on 27.4.2000 at 6.40 P.M. with Police Station, Rudrapur, by complainant Ajit Singh (PW.1) alleging that his grand father Hardayal Singh had given certain shares in his im..

Posted in Criminal Law |   3277 hits

Mahender Singh Versus Union of India

 30 September 2010

According to the appellant, he is a freedom fighter, who sacrificed his studies in the freedom struggle and had taken active part in the 1942 agitation and was forced to remain an absconder for more than four years i.e. from 20.08.1942 till September..

Posted in Others |   1387 hits

Sections 148, 302, 323, 324, 325 read with Section 34 Indian Penal Code

 30 September 2010

These appeals are directed against the common judgment and final order dated 01.05.2001 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 647 and 657 of 2000 and Criminal Revision Petition No. 475 of 2000 whereby the ..

Posted in Criminal Law |   8562 hits

Section 3(2) of the National Security Act, 1980

 30 September 2010

Individual liberty is a cherished right, one of the most valuable Fundamental Rights guaranteed by the Constitution to the citizens of this Country. On “liberty”, William Shakespeare, the great play writer, has observed that “a man is master of his l..

Posted in Criminal Law |   2578 hits

Section 482 of the Code of Criminal Procedure, 1973

 28 September 2010

These appeals, by special leave, arise out of the judgment and order dated 28th February 2007, delivered by the High Court of Calcutta in CRR No.2898 of 2004 in a common petition filed by the two appellants herein and one Mr. A.K. Mukherjee, who is n..

Posted in Criminal Law 1 comments |   3097 hits

Section 35(L)(b) of the Central Excise Act, 1944

 28 September 2010

Challenge in this batch of appeals filed by the revenue under Section 35(L)(b) of the Central Excise Act, 1944 (for short “the Act”) is to the orders passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone (for short “the Tribuna..

Posted in Taxation |   2135 hits







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