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Civil Law Judgments and Orders

Penalty can be imposed only in case of deliberate act to violate Regulation

 03 February 2012

The short question that arises for consideration in these Civil Appeals is whether this Court should direct the respondents including the Medical Council of India (for short ‘MCI’), the University of Calicut and the Mahatma Gandhi University, Kottaya..

Posted in Civil Law |   1676 hits

If the condition for the post mentioned in the advertisement is not fulfilled than appointment cannot be allowed

 02 February 2012

Briefly stated, an advertisement was issued by the respondent No.3 dated 6th July, 2006, which appeared in the local newspapers inviting applications for the post of Principal in respondent No. 4-College. Notably, the advertisement stated that the ap..

Posted in Civil Law |   1602 hits

Accident during the course of employment in vehicle - compensation before the Commissioner for Workmens Compensation.

 01 February 2012

Facts: One workmen had been injured in an accident while they were travelling in a vehicle owned by the owner (appellant), in the course of their employment they had filed cases claiming compensation before the Commissioner for Workmen’s Compensatio..

Posted in Civil Law |   1960 hits

In case of default of employer of exempted establishment from PF Act 1952 in making contribution to PF sec 14B of the Act will be applicable

 01 February 2012

The Rules of the provident fund of the establishment mentioned in Schedule I (hereto annexed and (hereinafter referred to as the said establishments), with the respect to the employees therein then those specified in section 6 of the employees' Provi..

Posted in Civil Law |   1406 hits

Where two court having jurisdiction on the cause of action or part thereof and on mutual consent jurisdiction of one court removed than the decision cannot offend the provision of Sec 23 of Contrac

 01 February 2012

A similar view was taken by this Court in Angile Insulations vs. Davy Ashmore India Ltd. & Anr. [(1995) 4 SCC 153], wherein the Hon’ble Judges while referring to the decision of this Court in A.B.C. Laminart Pvt. Ltd.’s case (supra), inter alia, held..

Posted in Civil Law 2 comments |   2724 hits

In a inter cast marriage the child can claim mothers cast only after submitting proof that he also suffer the same disabilities suffered by that community

 31 January 2012

The question that once again arises before this Court is what would be the status of a person, one of whose parents belongs to the scheduled castes/scheduled tribes and the other comes from the upper castes, or more precisely does not come from sched..

Posted in Civil Law 1 comments |   14698 hits

The period of limitation to a claim for principal amount should also apply to the claim for interest

 31 January 2012

The short point that arises for consideration in this writ petition is whether the demand for payment of interest would be barred on account of delay and aches. The learned counsel for the petitioner submitted that the amount determined by the Assist..

Posted in Civil Law |   1257 hits

The Court cannot interfere with the administrators decision unless there is deficiency in the decision

 27 January 2012

The petitioner and two other police officials were charge-sheeted on the allegations that in the night intervening 21/22.2.1995 they chased tempo No.MP-09-D-2079 being driven by one Shri Vinod Kumar and intercepted it near Wazirabad Road, where one o..

Posted in Civil Law 1 comments |   2325 hits

As per Thika Tenancy Act 1949 define Thika Tenant any person who held land under written lease and erected on such land any residence or for business purpose any constructio

 27 January 2012

On 21st Decembr, 1947, the Mitters filed Suit No.22 of 1948 in the Calcutta High Court against Chagganlal Baid and Parashmal Kankaria for their ejectment from the suit premises. During the pendency of the said suit, on 15th January, 1958, Chagganlal ..

Posted in Civil Law |   8073 hits

M.P. Act is repugnant to A.C. Act 1996 or not since the same is a later Act made by Parliament. ( principle of "per incuriam")

 27 January 2012

Facts: The appellant-Madhya Pradesh Rural Road Development Authority and Anr., entered into a ‘Works Contract’ with the respondent for construction and maintenance of Rural Road Package No.1958, District Jhabua. This contract contains the ‘Dispute..

Posted in Civil Law |   1619 hits

As per sec 9 of Civil procedure code Civil Court has inherent jurisdiction to try all civil disputes unless barred expressly by any statutory provision

 25 January 2012

The appellant filed a suit (No. 43 of 1980) in the court of Munsif, Karwi (Banda) seeking a declaration that the decree passed by the Assistant Collector, Class-I, in a suit under sections 176, 178 and 182 of the U.P. Zamindari Abolition & Land Refor..

Posted in Civil Law |   7839 hits

The lender has full right to institute legal proceedings after giving proper opportunity to the borrower

 24 January 2012

The appellant M/s. Housing Development and Finance Corporation (in short “HDFC”) instituted a suit under Order XXXVII of the Code of Civil Procedure, 1908, for realisation of its dues against defendant No.1 (the borrower; not before this Court) and t..

Posted in Civil Law |   1852 hits

Disciplinary action against an employee in regard to acts done by him in his previous employment in an affiliated society

 24 January 2012

The Respondent No.1 herein was an employee of Raipur Krishi Unnayan Samity (hereinafter referred to as “the Samity”), a cooperative society affiliated to the Burdwan Central Cooperative Bank, the Appellant herein.While the Respondent No.1 was serving..

Posted in Civil Law |   1825 hits

Where a service related claim based on continuing wrong relief can be granted even there is long delay

 21 January 2012

Mr. Ankur Chhibber, Advocate, accepts notice on behalf of the respondents and states that no reply to the writ petition is to be filed without prejudice to the rights and contentions of the respondents regarding the merit of the case. However, the re..

Posted in Civil Law |   1789 hits

On ascertainment of actual disability on earning caacity need to determine three fact one what he could not do for disability and his profession and the percentage of disability

 20 January 2012

The appellant used to earn his livelihood as a cart puller. On December 17, 2003, at about 3.00 P.M. he was carrying some goods on a four-wheel cart when he was hit by a tanker which was being driven in a rash and negligent manner. In the accident, t..

Posted in Civil Law |   1122 hits

High Court have no power to grant interim order where Council has not granted permission in terms of sec 10 A of Medical Council Act

 20 January 2012

In view of the order which we propose to pass in this appeal it is inexpedient to give in detail the facts of the case. Suffice it to say that JSS Medical College, Respondent No. 1 herein (hereinafter referred to as ‘the College’), is recognized for ..

Posted in Civil Law |   1611 hits

When the court concluded that Managing Director unable to decide disputes independently than court under sec 11(4) and (6) can appoint Arbitrator

 19 January 2012

The petitioner has filed the present application under Sections 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) read with paragraph 2 of the appointment of the Arbitrators by the Chief Justice of Ind..

Posted in Civil Law |   1310 hits

As per the SC judgment that mere termination of the license of the licensee does not enable the licensee to claim possession unless he sets up a title

 19 January 2012

Daulat Ram Public Trust (hereinafter referred to as „the plaintiff Trust‟) claimed to be the owner of the suit property and as per its case one Mr. Krishan Mohan during the relevant period was its President and Managing Trustee. He had allowed one Pr..

Posted in Civil Law |   3963 hits

For Extension of service up to the age of 60 years as amended in Rule 20 subject to the fulfillment of certain condition only

 18 January 2012

On February 3, 2004 this Court issued limited notice on the question of not making any provision for judging the suitability of Judicial Officers for the purposes of promotion in the 2003 Rules and relaxation in the age of qualifying service..

Posted in Civil Law |   1043 hits

Circular issued for granting incentives creating discrimination among employees in violation of Article 14 and 16 of the Constitution cannot be sustained.

 17 January 2012

The material facts, giving rise to the appeal are as follows:- The FCI was set up with the objective of safeguarding the interest of the farmers, distribution of food grains throughout the country and to maintain a satisfactory level of food grain..

Posted in Civil Law |   1812 hits