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Civil Law Judgments and Orders

Delhi HC orders disability quota in judiciary recruitments

 28 March 2014

The bench comprising of Justice S. Ravindra Bhat and Justice R. V. Easwar held that the decision of the High Court administration to not include the disability quota in the upcoming direct recruitment for the Delhi Higher Judicial Services was discr..

Posted in Civil Law |   2706 hits

Orphanages to be registered under JJ Act, 2000

 05 March 2014

The bench comprising of Justice Pradeep Nandrajog and Justice Jayant Nath settled the question regarding the legal provisions required for registration and licensing of orphanages and children's home by clearing that the Juvenile Justice Act, 2000 wo..

Posted in Civil Law |   4382 hits

SC on scope of arbitration proceedings.

 27 January 2014

The bench comprising of Justice A.K. Patnaik and Justice Fakkir Mohamed Ibrahim Kalifulla set aside the order passed by Bombay High Court restraining World Sport Group from proceeding with arbitration against MSM Satellite over dispute of facilitatio..

Posted in Civil Law 1 comments |   3345 hits

Doctrine of res ipsa loquitur upheld while granting compensation to former HC Judge

 24 January 2014

The three member bench presided by judge C.K. Chaturvedi awarded a compensation of Rs.50,000/- to the complainant, Justice Dilip Raosaheb Deshmukh, together as a consolidated damages for deficiencies etc., and award Rs.10,000/- for litigation expens..

Posted in Civil Law 3 comments |   3259 hits

Delhi HC restraining order from reporting allegations against Justice Swatanter Kumar

 17 January 2014

Important highlights from the judgment by Justice Manmohan Singh: ''It is thus a question of fact which has to be examined on case to case basis as to what constitutes the offending publication which may result in future obstruction of justice a..

Posted in Civil Law |   2860 hits

In case of failure of any party to appoint arbitrator chief justice under section 11(6) is responsible to take necessary steps

 24 May 2013

The questions that arise for consideration in this appeal, by special leave are, whether respondent No. 1 has forfeited its right to appoint the arbitrator having not done so after the demand was made and till the appellant had moved the court under ..

Posted in Civil Law |   2916 hits

Is the claimant entitled to recover escalation in wages and if so to what extent

 23 May 2013

The appellant, National Thermal Power Corporation Limited (for short ‘NTPC’) is a Government Company registered under the provisions of the Companies Act, 1956. It is engaged in construction/project for generation, operation, transmission and mainten..

Posted in Civil Law |   2159 hits

Unauthorized occupants of premises after termination of tenancy by notice

 28 November 2012

Impugned order of 31st May, 2011 upholds petitioner’s eviction from ground floor and mezzanine floor of premises No.12/90 at Cannaught Place, New Delhi (henceforth referred to as the ‘subject premises’). Respondent- a nationalized bank had purchased ..

Posted in Civil Law 3 comments |   6752 hits

Application for seeking direction after passing order

 23 November 2012

These are the applications for seeking certain directions in view of the subsequent developments after the order passed on 5.7.2012. We have heard Mr. C.A. Sundaram, learned senior counsel for the petitioners and Mr. Mukul Rohtagi and Mr. Jaideep..

Posted in Civil Law |   2334 hits

Compensation to a victim in accident granted under two head pain and suffering and loss of amenities of life

 20 November 2012

Despite many a pronouncement in the field, it still remains a challenging situation warranting sensitive as well as dispassionate exercise how to determine the incalculable sum in calculable terms of money in cases of personal injuries. In such asses..

Posted in Civil Law |   2470 hits

As per section 11(2) parties can agree the appointing of arbitrator and in the absence of such agreement section 11(3) to be followed

 20 November 2012

These appeals have raised the question about the procedure that is being followed by Calcutta High Court in consideration of the applications under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, ‘1996 Act’). When the special lea..

Posted in Civil Law |   1836 hits

No recognition can be granted to any institution for conducting teacher training course unless fulfillment of conditions laid in Sections 14(3) or 15(3) read with Regulations 7 and 8

 19 November 2012

Acquisition of knowledge and obtaining of necessary training for imparting education have their immense signification. As C. immons would like to put it “The secret of successful teaching is to teach accurately, thoroughly, and earnestly” and one may..

Posted in Civil Law |   2049 hits

Exercise of power by president under Article 143(1) of the Constitution of India

 19 November 2012

In exercise of powers conferred under Article 143(1) of the Constitution of India, the President of India has on 12th April, 2012, made the present Reference..

Posted in Civil Law |   4627 hits

Authority of central information commission under section 8(1)(j) to deny information of respondents by considering personal

 17 November 2012

We are, in this case, concerned with the question whether the Central Information Commissioner (for short ‘the CIC’) acting under the Right to Information Act, 2005 (for short ‘the RTI Act’) was right in denying information regarding the third respon..

Posted in Civil Law |   2032 hits

Principle of ‘equal pay for equal work’ requires consideration of various dimensions of a given job

 17 November 2012

The appellant was initially appointed as a Laboratory Assistant in Group D on 29th December, 1961 in the National Dairy Research Institute (hereinafter referred to as ‘NDRI’). On 13th January, 1966, he was promoted as a Lower Division Clerk (Junior C..

Posted in Civil Law |   4390 hits

In the absence of illegality in procedure adopted in appeal is allowed

 02 November 2012

We are, in these appeals, called upon to consider the question whether the Division Bench of the Orissa High Court was justified in directing Orissa State Financial Corporation (OSFC) and Industrial Promotion and Investment Corporation of Odisha Ltd...

Posted in Civil Law |   1830 hits

Tariff Entry 8529 of the Central Excise Tariff contained in the First Schedule to the Central Excise Tariff Act,1985 / Television Receivers under Tariff Entry 8528 of the Tariff

 10 October 2012

Facts - The appellant is a manufacturer of various components of television sets. The components are manufactured at its factory at Delhi. - The appellant was issued a show-cause notice dated 21.3.1990 by the Assistant Collector, New Delhi, where..

Posted in Civil Law |   2314 hits

No provision in Section 219 prior to the amendment application address to any one cannot entertained any further application by same person

 29 September 2012

On May 4, 1992 Naib Tehsildar, Bithoor, Kanpur Nagar, allowed the application for mutation made by the appellant. Aggrieved by the order of the Naib Tehsildar, the present respondents preferred appeal under Section 210 of Uttar Pradesh Land Revenue A..

Posted in Civil Law |   2022 hits

Failure to pay loan due to natural calamities

 28 September 2012

Jurisdiction of this Court is invoked by a Gramin Bank on an issue on which no question of law arises for consideration. Facts are as follows: Smt. Khazani, the first respondent had availed of a loan from the appellant bank to purchase a buffalo a..

Posted in Civil Law 4 comments |   2099 hits

Jurisdiction of the court limited only where part of cause of action taken place

 27 September 2012

The plaintiff belongs to the “Times Group” which started 7 decades ago with the business of publishing news papers, journals, magazines and books. The plaintiff has also entered the field of e-commerce and the primary business is to provide the money..

Posted in Civil Law 1 comments |   4908 hits