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Civil Law Judgments and Orders

In a case of accident claim future expenses also to be considered in deciding compensation amount

 08 December 2011

On December 14, 1987, Ram Karan was travelling in a Maruti car on way from Delhi to Jaipur. At about 9.30 in the morning, near village Assalwas on Highway No. 8, a truck going ahead of the car suddenly took a right turn without giving any indication ..

Posted in Civil Law |   1992 hits

In case of death of the alleged person Habeas Corpus Petition will be closed

 08 December 2011

This petition has been filed by the petitioner praying that this Court may be pleased to issue a Writ of Habeas Corpus directing the respondents to produce the detenus, namely, 1.Victus (IC No.020288), aged 42 years, son of Xavior, 2.Anthoniraj (IC N..

Posted in Civil Law |   1810 hits

Order Passed by appellate court remanding to the Lower Court against which appeal would lie can not be treated as decree

 08 December 2011

This Second Appeal is focussed by the original Plaintiff animadverting upon the judgment and decree dated 22.12.2009, passed in A.S.No.32 of 2008 by the learned Principal District Judge, Madurai in reversing the judgment and decree dated 30.12.2004, ..

Posted in Civil Law |   2891 hits

Only taking part in the strike cannot be consider ineligible for payment of bonus and it should be treated unfair labour practice under Sec 28 of ULP Act 1971

 07 December 2011

By this petition under Article 226 of the Constitution of India, the Municipal Corporation of Greater Mumbai (for short ‘the Corporation’) being Petitioner No.1 and the Municipal Commissioner being Petitioner No.2 have challenged the judgment and ord..

Posted in Civil Law |   1563 hits

In case of any change in the claimant statement there should be counter signed

 07 December 2011

The claimant filed the claim petition by contending that on 22.12.2004 at about 9.30 pm when he was riding the vehicle TVS Victor motorcycle bearing Registration No. TN 37 AE 1372 from Coimbatore Thadagam Road towards Muthannan Kulam to Selvapuram, w..

Posted in Civil Law |   1701 hits

Document not violating any provision of law cannot be consider illegal. From

 07 December 2011

Case of the appellants as per the plaint was that appellant No.2 Somwati, being owner of property No.TA-171/1, Tughlakabad Extension, New Delhi intended to raise construction thereon and needed money. Respondent No.1 Rameshwar Yadav, agreed to initia..

Posted in Civil Law |   1879 hits

Inspection of suit property can be made only for the purpose of ascertaining the change in the property

 06 December 2011

This application under Article 227 of the Constitution of India is directed against the order dated 22nd August, 2006 passed by the Learned Additional District Judge, 1st Court, Jalpaiguri in Civil Revision No. 5 of 2002 and an order dated 2nd March,..

Posted in Civil Law |   3843 hits

Order issued by giving effect to the Circular leave no option to the Railway to deny the condition mention in the circular issued by them

 06 December 2011

The petitioner in the original application before the Tribunal, being the respondent herein, appeared in a regular recruitment process for the post of Assistant Signal Maintainer, Grade-III. He became successful in the process and was asked to appear..

Posted in Civil Law |   1965 hits

Sec 86 of the code applies only when the property was enjoyed by the foreign state

 06 December 2011

By this revision application under Section 115 of the Code of Civil Procedure, 1908 the revision applicants who are defendants in a suit filed by the 1st respondent have challenged the order dated 18th December, 2007 passed by the learned Judge of th..

Posted in Civil Law |   2060 hits

Leave from the Court to withdraw petition with liberty to redress by approaching the Tribunal

 06 December 2011

The Write Petition is filed under Article 226 and 227 of the Constitution of India, Praying to set aside the order dated 15.02.2010 passed by Civil Judge (Sr. Dn.) & Addl.MACT at Gubbi passed in MVC No.1235/07 in the order sheet itself vide annexur..

Posted in Civil Law |   1652 hits

Non submission of Certificate cannot be treated as not eligible for the interview

 03 December 2011

The question which arises for consideration in this appeal is whether the decision of the Union Public Service Commission (for short, `the Commission’) to reject the respondent’s candidature for the post of Legal Advisor-cum- Standing Counsel in Land..

Posted in Civil Law 2 comments |   2455 hits

Proceedings before the learned arbitrator do not show that, he issue any direction for production of purchase file

 03 December 2011

These proceedings commenced with the filing of the Award dated 28th October 1992 by the learned Arbitrator to this Court on 26th July 1994. The disputes adjudicated by the learned Arbitrator related to the supply by the Petitioner Vidarbha Paper Mill..

Posted in Civil Law |   1347 hits

Proceedings pending in a Court cannot be entertained by another Court till the judgment given in the first proceeding

 02 December 2011

THIS WRITE PETITION ID FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE PROCEEDING PENDINGS BEFORE THE PRL DISTRIC JUDGECHITRA DURGA IN AC (A) 76/07 VIDE ANN F AND ETC...

Posted in Civil Law 1 comments |   1781 hits

In a qualifying exam candidates scoring higher marks should be given first preference

 02 December 2011

This petition arises from the order passed by the Maharashtra Administrative Tribunal (the Tribunal for short) on 22/8/2011 thereby dismissing O.A. No. 569 of 2011 filed by the petitioner. The Tribunal has accepted the contentions of the Presenting O..

Posted in Civil Law |   2170 hits

Furnishing incorrect certification about eligibility for the vacancy may cause termination of Service

 01 December 2011

. The respondent no.1 was on 16th August, 2008 appointed to the post of Senior Theatre Technician, a Group-C non-gazetted post, on temporary basis and as per the terms of appointment was to be on probation for a period of two years and which period w..

Posted in Civil Law |   2075 hits

Interest on compensation of Case filed under Sec 115 of Code of Civil Procedure can be recovered by the Insurance Company from the owner of the vehicle involved

 01 December 2011

This revision petition has been filed under Section 115 of the Code of Civil Procedure by the petitioner against the order dated 25th August, 2005 passed in execution case no. 30 of 2004 arising out of the award dated 13th July, 2004 passed by the Mo..

Posted in Civil Law |   2321 hits

Application of Order XVIII Rule 4 of code of Trade Mark is depend on case to case basis

 01 December 2011

. M/s. M.S.S. Food Products—respondent (hereinafter referred to as ‘plaintiff’) sued the appellants—(i) Dhariwal Industries Ltd. and (ii) Rasiklal Manikchand Dhariwal (hereinafter referred to as 1 ‘defendants’) in the court of 1st Additional Distric..

Posted in Civil Law |   1564 hits

Under Sec 11(4) and (6) of the Arbitration and Conciliation Act 1996 SC have the power to appoint arbitrator to settle the disputes between the parties

 01 December 2011

The petitioner makes a reference to various requests made by the respondent for supply of cars in terms of MOU on 22nd April, 2008; 24th August, 2008; and 1st April, 2009. The petitioner further claims that sometime in September 2009, disputes arose ..

Posted in Civil Law |   1963 hits

Rendering service in temporary post more than 240 days in calendar year is sufficient to treat badli for absorption

 30 November 2011

The petitioner herein was inducted into the service of the State Bank of Mysore (hereinafter referred to as, the Bank) as a temporary Sub-Staff in 1985. He was intermittently taken into employment based on the need for such staff. During the year 199..

Posted in Civil Law |   2309 hits

In Insurance claim made under section 163A the claimants have neither to plead nor to establish negligence

 25 November 2011

Shijo, aged 27 years, was riding a motorcycle bearing registration no.KL-8J-6528, on 3.3.1999 on the Wadakkanchery-Kunnamkulam Road. George K., also aged 27 years, was pillion-riding with Shijo. While giving way to a bus coming from the opposite side..

Posted in Civil Law 1 comments |   2021 hits