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Civil Law Judgments and Orders

Notification issued in exercise the power under sec 24 can not override the right given under human right

 16 January 2012

These appeals have been filed by the Chief Information Commissioner, Manipur and one Mr. Wahangbam Joy kumar impugning the judgment dated 29th July 2010 passed by the High Court in Writ Appeal Nos. 11 and 12 of 2008 in connection with two Writ Petiti..

Posted in Civil Law 1 comments |   1426 hits

Declaration made under sec 6 of LA Act is to be set aside if appearing is not given under sec 5A to the appellant which is substantive right of appellant.

 13 January 2012

The appellant, which is a private limited company was entrusted by seventeen joint owners of the premises known as “Industry House” at No.10, Camac Street, Calcutta – 700 017 (for short, ”the said premises”), to look after the day -to- day management..

Posted in Civil Law |   1340 hits

In preparation of Tenancy Agreement all factors should be taken in to consideration which can increased the cost

 13 January 2012

Whether the Haryana Housing Board (for short, `the Board’) could ignore the time limit of 7 years specified in clause 2(w) of the Hire Purchase Tenancy Agreement executed by the appellants as per the requirement of Regulation 11(4) of the Housing Boa..

Posted in Civil Law |   1136 hits

If condition of revocation of permission granted for use of trade mark is fulfilled than step can be taken to revoked the permission

 11 January 2012

I do not find any force in this contention of learned senior counsel that the plaintiff had acquiesced in the defendants use of trademarks/ trade name for a period of more than twenty one years after the plaintiff acquired the ownership of trademarks..

Posted in Civil Law |   1162 hits

When two suits are related or similar that should be disposed by the single judgment

 10 January 2012

These appeals filed against judgment dated 22.2.1999 of the learned Single Judge of the Karnataka High Court represent culmination of the dispute among the heirs of Shri D. Yellappa, who died intestate on 27.03.1978, in relation to his properties...

Posted in Civil Law |   1131 hits

Invocation of sec 17(1) and (4) is to be treated only when the party failed to produced any material to justify elimination of inquiry under sec 5A

 10 January 2012

The questions which arise for consideration in this appeal are whether the Government of NCT of Delhi could have invoked Section 17(1) and (4) of the Land Acquisition Act, 1894 (for short, ‘the Act’) and dispensed with the rule of hearing embodied in..

Posted in Civil Law |   1088 hits

If hardship of the land lord is more than the tenant than eviction is permissible

 10 January 2012

According to the appellants when the house in question was purchased by them the respondent was occupying two shops facing the road and two rooms situate at the rear of the said shops as a tenant of the previous landlord at the rent of Rs.35/- per mo..

Posted in Civil Law 2 comments |   1584 hits

As per order 27 Rule 5A where a suit instituted against public officer than govt should joined as a party to the suit

 09 January 2012

The appellant herein is the Coal Mines Provident Fund Commissioner through the Board of Trustees, constituted under Section 3 of the Coal Mines Provident Fund and Miscellaneous Provisions Act, CMPF Organisation, Dhanbad. The Respondent was appointed ..

Posted in Civil Law 1 comments |   3539 hits

As per sec 6 of Bombay Court Fee Act 1959 the value determinable for the computation of court fee and the value for Jurisdiction shall be same

 09 January 2012

The respondent/ plaintiff presented suit claiming the declaration that the plaintiff is entitled to a deed of conveyance in respect of plot of land admeasuring 3,250 sq.yards equivalent to 2,717 sq.meters bearing Survey No.27, Hissa No.1 correspondin..

Posted in Civil Law |   6998 hits

Parties in controversy if entered in a settlement in writing than no order shall continue

 05 January 2012

Learned counsel for the appellants states that under RFA(OS) No.7-10/2005, challenge was made to the preliminary decree dated 04.02.2005, as per which share of the litigating parties was determined. Counsel states that parties entered into a settleme..

Posted in Civil Law |   1148 hits

In a case of lessor and lessee the suit can be continued by the person on whom the earlier plaintiffs interest developed

 03 January 2012

.The record shows that the present suit has been filed by the plaintiff M/s DLF Universal Ltd. against five defendants i.e. Delhi Wakf Board who had been arrayed as defendant no.1 and defendants no.2 to 5 who are private parties. This is a suit for p..

Posted in Civil Law |   1589 hits

As per the RBI Guidelines public sector financial institutions are under obligation to fairly consider OTS proposal keeping in mind the RBI guidelines

 02 January 2012

It was urged by the learned counsel for the appellant that the inappropriate manner in which prayers were claimed in the writ petition should not have coloured the view taken by the Single Judge. At the core of the challenge in the writ petition was ..

Posted in Civil Law |   2530 hits

Decision of AICTE for running institution can be implemented only before the commencement of academic session

 16 December 2011

The petitioners are aggrieved by the communications dated 5/10/2011 and 21/10/2011 whereby the petitioners are informed that the All India Council for Technical Education (AICTE) as well the Appellate Committee of the AICTE respectively, have decline..

Posted in Civil Law |   2320 hits

Once informed that service is withdrew than expenses incurred on that service after giving information will not be re-inversed

 14 December 2011

Total amount claimed as per plaint is `18,38,112/- and pre-suit interest @12% per annum was claimed at `14,15,346/-. Decree prayed for as per the plaint is in sum of `32,53,458/-...

Posted in Civil Law |   2692 hits

Record of ACR officer disclose only in a case involve public interest

 14 December 2011

It is the petitioner’s case that upon complaints of corruption against Ms. Jyoti Balasundaram, Member, CESTAT, the President of the CESTAT - a former Chief Justice of a High Court, made some adverse entries in the Annual Confidential Report (ACR) of ..

Posted in Civil Law |   2246 hits

Case pending in a lower court cannot be forwarded to another court till the decision taken by the lower court

 13 December 2011

Learned counsel for the petitioner has confined his prayer for a direction to the Court below to decide the matter pending before it within a fixed time frame. Upon going through the record it appears that the matter is pending before the Court below..

Posted in Civil Law |   2215 hits

Recommendation of Maharashtra State Backward Class Commission should be consider before giving preference any person as OBC

 11 December 2011

On 18.01.1997, the Additional District Deputy Collector, Mumbai Suburban District, Mumbai issued a Caste Certificate to the appellant herein certifying that she belongs to Hindu Shimpi Caste which is recognized as Other Backward Class (Sr. No. 153) u..

Posted in Civil Law |   5715 hits

Submitting false certificate may caused the termination of vacancy

 09 December 2011

The petitioner, a Head Constable at the Central Reserve Police Force (CRPF), has challenged the order of dismissal dated 2nd May, 1997 passed by the Inspector General, CRPF, on the charge that he had submitted a false certificate of his date of birth..

Posted in Civil Law |   2842 hits

Making false statement in oath constitute criminal contempt as judgment given by SC in Murray & Co. Vs Ashok Kr Newatia

 09 December 2011

The dispute between the parties is with respect to 08 postal ballots for the post of President and 08 postal ballots for the post of Vice President (North Zone). The ballot box containing all the ballot papers was opened in the Court on 2nd December,..

Posted in Civil Law 1 comments |   4397 hits

When in a contract both the parties act on the terms and condition mention in the contract with their open eyes the contract cannot e consider void

 08 December 2011

This appeal, at the instance of M/s Industrial Promotion and Investment Corporation of Orissa Limited (“Corporation” for the sake of brevity), is directed against the judgment and order dated June 29, 2006 passed by a Division Bench of the Orissa Hig..

Posted in Civil Law |   2246 hits