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Civil Law Judgments and Orders

Parkash Rai vs J.N. Dhar

 18 August 2011

As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in Section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have be..

Posted in Civil Law |   2149 hits

Certificate obtain fraudulently void ab initio

 03 August 2011

As the facts and the legal issues arising for our consideration in both these appeals are similar, we propose to dispose of both these appeals by this common judgment and order. The contesting respondents herein got themselves admitted for a trai..

Posted in Civil Law |   2427 hits

Impermissible to read a part of Document in Isolation

 03 August 2011

A. In the year 1972, the State of Madhya Pradesh conceived a dam to provide irrigation facilities to farmers of Khargone district. The dam, on filling upto full, would cause submergence of 1258.59 hectares of land, out of which 1037.715 is private an..

Posted in Civil Law |   2059 hits

Executive authorities to look water allocation

 31 July 2011

This interlocutory application for directions is filed in the special leave petition. The special leave petition has been filed against the judgment of the Gujarat High Court dated 04.10.2005 dismissing the writ petition filed by way of Public Intere..

Posted in Civil Law |   2016 hits

Compulsory Insurance for the benefit of Third Party

 31 July 2011

Since common questions of law and facts are involved in this batch of appeals, six of which have been filed by Uttar Pradesh State Road Transport Corporation, (hereinafter referred to as 'Corporation'), and one has been preferred by Insurance Company..

Posted in Civil Law |   4163 hits

Amount can not collect – never spent

 23 July 2011

Facts and circumstances giving rise to these appeals are: A. The Public Works Department of the State of Rajasthan (hereinafter called “PWD”) decided in September 1997 to construct the Bharatpur bye-pass for the road from Bharatpur to Mathura, whi..

Posted in Civil Law |   2099 hits

In Shortage Departmental transfer not consider equal-pay for-equal work

 23 July 2011

This is the second round of battle for the petitioners who happen to be in the Research Faculty as Scientific & Design staff with respondent No.3, namely, the Indian Institute of Technology, Delhi (hereinafter referred to as the “IIT, Delhi”). Admitt..

Posted in Civil Law |   2333 hits

Land sold where authority interested to protect-illegal

 23 July 2011

The relevant facts are that the respondent No.1 filed a suit for possession, permanent injunction and damages against the petitioner and respondent no.1 herein in respect of the suit land alleging that she was the owner thereof having purchased it fr..

Posted in Civil Law |   2775 hits

Appointment on Ad Hoc can not claim to regularize

 23 July 2011

On 16th May 1995 it was directed by this Court that any appointment made will be subject to the result of the writ petition. Pursuant to an order dated 31st January 1996 an additional affidavit was filed by the Petitioners. The writ petition was ther..

Posted in Civil Law |   2842 hits

Temporary post can not Permanent without Confirmation

 23 July 2011

Petitioner No. 1 Mr. N.K. Anand and Petitioner No. 2 Mrs. Usha Bhatia have filed this petition under Article 226 of the Constitution on 29th August 2000 praying for a direction to Respondent No. 3, National Physical Laboratory („NPL‟), and Respondent..

Posted in Civil Law |   3129 hits

Delay can not be consider for relief

 23 July 2011

The facts very briefly are that the appellant, a general candidate not belonging to any reserved category, took the Civil Services Examination, 1998 conducted by the Union Public Service Commission and he secured 95th rank and was appointed to the IP..

Posted in Civil Law |   1832 hits

Disclosing grounds disentitle to obtain decree-leave is granted

 20 July 2011

This is a petition under Section 25-B(8) of the Delhi Rent Control Act,1958 against the order dated 25.01.10 passed by the learned Additional Rent Controller whereby the petitioner-tenant‟s application for grant of leave to defend the eviction petiti..

Posted in Civil Law |   2842 hits

Appeal was allowed on Land Disputes

 20 July 2011

Brief facts leading to the filing of the present appeal are that the land in dispute belongs to the State. It is averred by the respondents that they have occupied the land in dispute in the year 1947, measuring 2-1/2 kanals in Khasra No. 16693/6729 ..

Posted in Civil Law |   2473 hits

Page No and list of Document are not necessary in Evidence

 18 July 2011

Mr K.T.S. Tulsi, the learned senior counsel, appearing on behalf of the petitioner, has challenged the said order on three counts. The first ground is based on the doctrine of “Speciality” and specifically on Section 31(1)(c) of the said Act. It was ..

Posted in Civil Law |   1951 hits

Petition is allowed the order of Rent Controller was set aside

 18 July 2011

This is a petition under section 25-B(8) of the Delhi Rent Control, 1958 against the order dated 4.12.2009 passed by learned Additional Rent Controller dismissing the application filed by the petitioner-tenant seeking leave to defend the eviction pet..

Posted in Civil Law |   2857 hits

Nomination refuse illegally caused Dismissal of Petition

 18 July 2011

Short facts giving rise to the present appeals are that the Election Commission of India on 16th of April, 2008 notified its intention to hold General election to the Karnataka State Legislative Assembly and announced the election schedule. According..

Posted in Civil Law |   2262 hits

Leave is granted in case of disclosing such fact disentitle to obtain order

 18 July 2011

This is a petition under Section 25-B (8) of the Delhi Rent Control Act,1958 against impugned order dated 22.01.11 passed by the learned Additional Rent Controller whereby the petitioner-tenant’s application for grant of leave to defend the eviction ..

Posted in Civil Law |   2179 hits

Leave is granted in case of disclosing such fact disentitle to obtain order

 18 July 2011

This is a petition under Section 25-B (8) of the Delhi Rent Control Act,1958 against impugned order dated 22.01.11 passed by the learned Additional Rent Controller whereby the petitioner-tenant’s application for grant of leave to defend the eviction ..

Posted in Civil Law |   1362 hits

Leave is granted in case of disclosing such fact disentitle to obtain order

 18 July 2011

This is a petition under Section 25-B (8) of the Delhi Rent Control Act,1958 against impugned order dated 22.01.11 passed by the learned Additional Rent Controller whereby the petitioner-tenant’s application for grant of leave to defend the eviction ..

Posted in Civil Law |   1306 hits

Leave is granted in case of disclosing such fact disentitle to obtain order

 18 July 2011

This is a petition under Section 25-B (8) of the Delhi Rent Control Act,1958 against impugned order dated 22.01.11 passed by the learned Additional Rent Controller whereby the petitioner-tenant’s application for grant of leave to defend the eviction ..

Posted in Civil Law |   1173 hits