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Lawyersclubindia Judiciary

Acceptance of money from client for giving bribe---Amounts to reprehensible conduct.

 24 September 2010

Acceptance of money from client for giving bribe---Amounts to reprehensible conduct...

Posted in Others |   2565 hits

Advocate - Professional misconduct -Disciplinary Committee has to follow rules of natural justice

 24 September 2010

Advocate -- Professional misconduct -- Disciplinary Action vis a vis Principles of natural justice -- Disciplinary Committee has to follow rules of natural justice ..

Posted in Others |   9119 hits

The Indure Ltd. and Another Versus Commercial Tax Officer and Ors.

 22 September 2010

Following questions of law projected, are required to be adjudicated by this Court in the aforesaid Appeal:- (i)Whether import of MS Pipes by Appellants was pursuant to a term of contracts between Appellant No.1 and National Thermal Power Corporatio..

Posted in Others |   2073 hits

RAJESH KAGRA & ORS. VERSUS STATE OF M.P. & ORS.

 22 September 2010

Special Leave Petition(C) No. 3009 of 2009 has been preferred against the order dated 31st July, 2008 passed in Writ Appeal No. 383 of 2008. In Special Leave Petition (C) Nos. 3029-3031 of 2009, petitioners assail the order dated 31st July, 2008 pass..

Posted in Others |   1227 hits

State of U.P. & Ors. Versus Neeraj Chaubey & Ors.

 21 September 2010

State of U.P. and their officials aggrieved by the interim orders dated 16.07.2010 and 25.08.2010 passed in W.P. No. 1872 of 1986 by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow have filed the above SLPs. W.P. No. 1872 of 1986 wa..

Posted in Others |   1834 hits

Sections 147, 148, 307 read with 149, IPC

 21 September 2010

This appeal by special leave is directed against the final judgment and order dated 2nd December, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4703 of 2004 whereby the Hon’ble High Court dismissed the appeal preferr..

Posted in Criminal Law |   5427 hits

V. RANGANATHAN VS. N. BASKARAN & ORS.

 21 September 2010

The facts, which led to filing of the two writ petitions, indicate that the Secretary, U.P.S.C., invited applications for appointment to three vacancies to the post of Principal, Government Higher Secondary Schools in Pondicherry, by Advertisement No..

Posted in Others |   2025 hits

Sections 302, 307 and 436, IPC

 21 September 2010

The incident in this case had taken place on 30.6.1989 in village Mahargheti, Patwari Circle Dangoli in the newly formed District Bageshwar (which was part of District Almora at the time of incident). In this ghastly incident, Pratap Singh, his wife ..

Posted in Criminal Law |   2082 hits

M/s Coal India Limited & Ors. Versus Coal Consumers Association & Ors

 21 September 2010

The relevant facts very briefly are that prior to 2007 industrial consumers were granted coal linkages for utilization in their small scale industries. On 18.10.2007, the Government of India, Ministry of Coal, formulated a New Coal Distribution Polic..

Posted in Others |   1938 hits

Jurisdiction of Criminal Courts - Extradition offence

 20 September 2010

As long as the facts that have been submitted before the requested State prima facie show the guilt of the extraditee in a foreseeable and logically consistent way, the said person can be tried on all such counts that can be conclusively proved again..

Posted in Criminal Law |   3745 hits

The Trial of Casement

 20 September 2010

The trial of Sir Roger Casement took place in 1917 during the First World War. It raised a new point. The guilty act had been committed – not in England – but by Casement in Germany. Was that High Treason?..

Posted in Criminal Law |   3461 hits

Wakf Tribunal cannot entertain matters of tenancy

 20 September 2010

Suit for eviction - Jurisdiction of Wakf Tribunal - Sections 83 and 85 of the Wakf Act, 1995 - Whether under Section 83 of the Act the Wakf Tribunal was competent to entertain and adjudicate upon disputes regarding eviction of the Appellants who we..

Posted in Civil Law |   2919 hits

MACT should award Damages as well as compensation

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   2183 hits

Motor Accident Tribunal should consider /future Loss of Income

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   1879 hits

It can be presumed in NDPS that traveling accused might be having substance

 20 September 2010

Possession of contraband substance - Trial Court convicted Appellants under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay fine - High ..

Posted in Criminal Law |   1505 hits

Part tx is leviable on Non-resident/seller

 20 September 2010

Tax Transactions - Jurisdiction of Income Tax Department on Transaction outside India - Determination 0f - Whether Income tax authorities in India have the jurisdiction to tax transactions, even though the transaction took place outside India as t..

Posted in Taxation |   1310 hits

Courts have very limited scope in Bidding matters

 20 September 2010

Bidding — Rejection of bid by Respondent-Authority — Challenge against thereto on ground that decision of Respondent - Authority discriminatory and arbitrary — Scope of judicial review thereof — Order XLVII Rule 1 of Civil Procedure Code, 1908 ..

Posted in Constitutional Law |   1467 hits

furlough leave cannot be denied to prison on the ground of local solvant surity

 20 September 2010

Application for furlough leave - Rejected on the ground of local surety - Appeal against thereto - Whether the condition specified in Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety with..

Posted in Criminal Law |   1874 hits

People with privilege and power must be conscious of their prestige

 20 September 2010

Application for release of the Petitioner on probation - Rejection thereto - Petitioner Convicted under section 354 Indian Penal Code , 1860 applied for probation which was rejected by Trial Court - Hence this appeal - Whether the Petitioner was e..

Posted in Criminal Law |   1107 hits

Sections 302/34 of the Indian Penal Code, 1860

 20 September 2010

Facts and circumstances giving rise to these appeals are that on 16.8.1994 at about 7.50 p.m., F.I.R. No.1/1994 under Sections 302, 147, 148, 149 and 307 IPC was lodged at Police Station Mandai Chowk Sarangpur, Madhya Pradesh, according to which 17 a..

Posted in Criminal Law |   5583 hits