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Others Judgments and Orders

Section 25, 27, 29 and 33 of the Tamil Nadu Town & Country Planning Act, 1971

 08 September 2010

Some factual background would be necessary before we approach the controversy. The appellant is a Trust formed in the year 1924 to look after religious and secular activities of Pillayarpatti Koil situated at Pillayarpatti and for the welfare of Naga..

Posted in Others |   3368 hits

Section 83 of the Wakf Act, 1995

 06 September 2010

These three appeals by special leave arise out of three different orders passed by the High Court of Andhra Pradesh whereby revision petitions filed by the appellants against the orders of A.P. Wakf Tribunal have been dismissed and the orders of evic..

Posted in Others |   3663 hits

Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975

 06 September 2010

The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (‘Debt Relief Act’ for short) enacted by the Tamil Nadu Legislature came into force with effect from 10.1.2005. Section 4 of the said Act stayed all further proceedings in applicatio..

Posted in Others |   1608 hits

DEHAL SINGH Versus STATE OF HIMACHAL PRADESH

 06 September 2010

The case unfolded by the prosecution and accepted by both the Courts i.e. trial and appellate Court is that on 18th October, 2002 at 9.20 A.M. PW.16, Brijesh Sood, Station House Officer, Police Station Sundernagar along with PW.8, Madan Lal, Assistan..

Posted in Others |   1904 hits

Section 12A of the Kerala Forest Act, 1961

 06 September 2010

This appeal relates to the scope of an appeal against an appellate order under section 12A of the Kerala Forest Act, 1961 (‘Act’ for short). The State Government issued a notification under section 4 of the Travancore Forest Regulation II of 1068 ME ..

Posted in Others |   2215 hits

Hussainbhai Allarakhbhai Dariaya & Ors. Vs. State of Gujarat & Ors.

 06 September 2010

The appellants are aggrieved by the rejection of their application seeking permission to file a second appeal. The Samast Sunni Muslim Jamat, Damnagar (6th respondent herein, for short the ‘Jamat’) represented by its Secretary filed a suit against re..

Posted in Others |   2161 hits

Nahalchand Laloochand Pvt. Ltd. Versus Panchali Co-operative Housing Society Ltd.

 06 September 2010

Few important questions of law arise in this group of appeals. It will be convenient to formulate the questions after we set out the material facts and the contentions of the parties. The narration of brief facts from S.C. Suit No. 1767 of 2004 will ..

Posted in Others |   3898 hits

Yadava Kumar Versus The Divisional Manager, National Insurance Co. Ltd. & Another

 01 September 2010

. The material facts of the case are that, the appellant, a painter by profession, was 30 years old at the time of sustaining the injury in a road accident which took place on 24th March 2003 while the appellant was standing on the side of Nagavara R..

Posted in Others |   1856 hits

Hari Bansh Lal Versus Sahodar Prasad Mahto & Ors.

 01 September 2010

Sahodar Prasad Mahto, Respondent No.1 herein, claiming himself as Vidyut Shramik Leader, filed Writ Petition No. 5067 of 2008 before the High Court of Jharkhand challenging the appointment of Mr. Hari Bansh Lal, the appellant herein (Respondent No.5 ..

Posted in Others |   1594 hits

Section 13-B of the East Punjab Urban Rent Restriction Act, 1949

 01 September 2010

The Respondent herein filed an application for eviction of the Petitioner from the premises in question under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, hereinafter referred to as “the 1949 Act”. Notice of the application was i..

Posted in Others |   9502 hits

Union of India & Anr. Vs. Bhaskarendu Datta Majumdar

 01 September 2010

The respondent Bhaskarendu Datta Majumdar joined the services of the State Trading Corporation (hereinafter called “Corporation”) in April 2001 as Executive Secretary to the Chairman-cum-Managing Director of the Corporation and was on the relevant da..

Posted in Others |   1988 hits

Dr. M.S. Patil Versus Gulbarga University and Ors.

 01 September 2010

This case sadly illustrates how interim orders passed by the court coupled with judicial delays enure to the great advantage of the wrong doer and in the end make him bold in the false belief that with the passage of time the equity was now firmly ..

Posted in Others |   1491 hits

Shalimar Chemical Works Ltd. Versus Surendra Oil & Dal Mills (Refineries) & Ors.

 01 September 2010

This is the plaintiff’s appeal arising from a suit for permanent injunction based on allegations of infringement of its registered trade mark. The appellant is a company incorporated and registered under the Companies Act. The case of the appellant i..

Posted in Others |   2000 hits

Oriental Insurance Co. Ltd. Versus Dharam Chand & Ors.

 01 September 2010

In this case, the premium cheque for the insurance policy was received by the appellant, the insurance company, on May 7, 1998 at 4.00 pm and a cover note was issued at the same time. In columns 3 & 4 of the cover note, however, it was stated that th..

Posted in Others |   2206 hits

Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953

 01 September 2010

Ravi Dutta Singh (2nd appellant) is father of Sukhendra Singh ( 1st appellant). They initiated two separate proceedings under Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953 (for short, ‘1953 Act’) against Gaon Sabha, Lakanpur (now Gra..

Posted in Others |   4719 hits

Bhakra Beas Management Board Versus Krishan Kumar Vij & Anr.

 25 August 2010

For the sake of convenience, facts appearing in Civil Appeal No.3439 of 2007 are being taken into consideration. Respondent No.1, Krishan Kumar Vij had initially joined the services of the State of Punjab, Department of Irrigation as Tracer in 1949. ..

Posted in Others |   2166 hits

State of Madhya Pradesh Versus Pramod Kumar Shukla & Anr.

 25 August 2010

One single individual, a compounder in an autonomous government Ayurved college went to the High Court, complaining about his aborted transfer to another autonomous Ayurved college. The High Court while dismissing his writ petition/appeal made certai..

Posted in Others |   2246 hits

Rule 14 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965

 25 August 2010

The respondent was an employee of the Geological Survey of India (hereafter ‘GSI’) and at the material time he was holding a Group ‘B’ post. He was due to superannuate from service on November 30, 2000. On November 24, 2000, he was served with a show..

Posted in Others |   7049 hits

Compensation in terms of section 140 of the Act

 20 August 2010

On March 31, 1999, one Ramniwas while going on a motorcycle dashed against the rear side of a truck that was headed in the same direction as the motorcycle. Ramniwas died in the accident. His heirs and legal representatives, the appellants before thi..

Posted in Others |   3038 hits

Revision of Pay and Allowances Rules, 1981

 20 August 2010

In the year 1982, three Senior Laboratory Assistants filed a Writ Petition in the Calcutta High Court claiming scale no. 11 under ROPA Rules on the allegation that they were performing similar duties as that of Senior Research Assistants. The said Wr..

Posted in Others |   8634 hits