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Civil Law Judgments and Orders

Religious Properties should be handles propely

 26 January 2010

. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?..

Posted in Civil Law |   2435 hits

power of acquisition of Land cann

 26 January 2010

whether the land should be acquired for profiteering and discrimination in exemption of the land should be made or not and the Principsl of land acquisition have clearly bee discussed in this latest citation...

Posted in Civil Law |   2567 hits

Whether the reporters of local papers may be allowed to see

 18 January 2010

1. Whether the reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ..

Posted in Civil Law |   2003 hits

Words “any other law for the time being in force” in section

 11 January 2010

In the above case,a petition under Sections 397 and 398 of the Companies Act was filed before the Company Law Board Company Law Board issued several directions on 29/10/1999.Against which an appeal was filed before the learned Company Judge under Sec..

Posted in Civil Law |   3574 hits

Sale & Lease back transactions are not a “sham”

 06 January 2010

The assessee, a State Electricity Board, sold energy saving devices on which 100% depreciation was permitted and took the same assets on lease and claimed a deduction for the lease rent. The claim was disallowed by the AO & CIT (A) on the ground that..

Posted in Civil Law |   2870 hits

Suit for partition of joint property cannot be dismissed wit

 06 January 2010

respondent's father filed suit for partition of the joint properties which was decreed — High Court set aside the decree passed by the trial Court and remanded the matter back for fresh decision..

Posted in Civil Law |   4854 hits

Railways and consumer Protection Act

 01 January 2010

Railways often claim protection under Railways Claims Tribunal Act when a complaint is filed by consumers before consumer courts claiming compensation. Read following judgement of the consumer forum and express your views...

Posted in Civil Law |   4926 hits

Power of executing court

 31 December 2009

The order directing the respondent to deposit the amount could be made only by the trial Court and not by the executing Court. The executing Court had no jurisdiction to direct the respondent to deposit the money. ..

Posted in Civil Law |   2665 hits

principle of forum non convenience

 29 December 2009

i) The though may be applicable both in foreign forums and domestic forums in different countries has no place in India regarding another domestic forum in view of the specific bar created by Section 41(b) of the said Act as interpreted in Cotton Co..

Posted in Civil Law |   5986 hits

burdon of proof

 28 December 2009

It is well settled that the plaintiff cannot pick holes in the defendant’s case to establish his case...

Posted in Civil Law |   1863 hits

Consumer court jurisdiction over Telephone customer disputes

 19 December 2009

Telegraph Act was a special law, its provisions would prevail over a general law like Consumer Protection Act, 1986. "It is a settled law that general law must yield to special law," said the Bench and noted that there was a remedy prescribed und..

Posted in Civil Law 1 comments |   3395 hits

Telecom Consumer and Arbitrator under Indian Telegraph Act

 19 December 2009

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Posted in Civil Law |   3112 hits

Indian Telgraph Act Vs Consumer Protection Act

 19 December 2009

Now, it is also a settled law that where two interpretations of statute/law are possible, then the one favouring the consumer is to be taken. Moreover, in case of petty consumer disputes, to direct a poor consumer to approach the Central Government f..

Posted in Civil Law |   2414 hits

Motor accident - negligent driving - compensation

 24 October 2009

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Posted in Civil Law |   1595 hits

Motor Vehicles Act, 1988

 24 October 2009

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Posted in Civil Law |   2261 hits

AN IMPORTANT CASE SC CITATION ON VALIDITY OF JUDICIAL STAMP

 26 September 2009

(i) Whether the agreement of sale executed on two stamp papers purchased on different dates and more than six months prior to date of execution is not valid? ..

Posted in Civil Law |   2329 hits

Jurisdiction of Consumer Forum

 11 September 2009

The supreme court while setting aside a Full Bench decision of Kerala High Court , has held that jurisdiction of the consumer forum is barred by implication where remedy is provided under a special statute. ..

Posted in Civil Law |   2285 hits

MV Act- Pay and recover method not proper

 11 September 2009

if the Insurance Company proves that it has no liability to pay compensation to the claimants, the Insurance Company can not be compelled to make payment and later on recover it from the owner of the vehicle - Matt..

Posted in Civil Law |   4088 hits

Student is not a consumer of Education Board

 11 September 2009

The Board does not carry on any commercial, professional or service-oriented activity. No `benefit' is conferred nor any `facility' provided by the Board for any consideration. Therefore, the Board is not a `service provider' and a student who takes ..

Posted in Civil Law |   1424 hits

Privacy of Building

 13 July 2009

Every Person has right to open as many windows in his wall as he likes , he may even demolish the Entrire Wall . His neibours can not compell him to make the wall or close the Windows .The Neibour may protect his privacy by making the wall on his ..

Posted in Civil Law |   1340 hits