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Judgments and Orders by N.K.Assumi

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Sine qua non of criminal conspiracy

 11 July 2011

The ingredients of the offence of criminal conspiracy have been reiterated by the Supreme Court..

Posted in Criminal Law |   3668 hits

Last seen theory and burden of poof

 11 July 2011

Last seen theory and burden of poof..

Posted in Criminal Law |   4019 hits

Ashok Tshering Bhutia v. State of Sikkim [2011] INSC

 27 April 2011

"...To deny the opportunity to remove the formal defect was to abort a case against an alleged economic offender. Ends of justice are not satisfied only when the accused in a criminal case is acquitted. The community acting through the State and the ..

Posted in Criminal Law |   3611 hits

Rabindra Kr. Pal @ Dara Singh vs Republic Of India

 24 January 2011

In a country like ours where discrimination on the ground of caste or religion is a taboo, taking lives of persons belonging to another caste or religion is bound to have a dangerous and reactive effect on the society at large. It strikes at the very..

Posted in Constitutional Law |   2167 hits

Monica Bedi vs State Of A.P.

 21 January 2011

"To operate as a bar the second prosecution and the consequential punishment thereunder, must be for `the same offence'. The crucial requirement therefore for attracting the Article is that the offences are the same, i.e., they should be identical. I..

Posted in Constitutional Law |   3524 hits

Mathai @ Joby vs George & Anr.

 21 January 2011

"It may, however, be pointed out that this Court was never intended to be a regular court of appeal against orders made by the High Court or the sessions court or the magistrates. It was created for the purpose of laying down the law for the entire c..

Posted in Constitutional Law |   3363 hits

Lalu Prasad Yadav & Anr. ....Appellants Vs. State of Bihar & Anr. ....Respondents

 21 January 2011

"S.378. - Appeal in case of acquittal. - (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High..

Posted in Criminal Law |   2556 hits

Supreme Court on Superannuation: Nagaland Sr.Govt.Employees ... vs State Of Nagaland & Ors.

 14 January 2011

The Public Employment (Requirement As To Residence) Act, 1957 Article 14 in The Constitution Of India 1949 Section 3 in The Public Employment (Requirement As To Residence) Act, 1957 Section 3 in The Naga Hills- Tuensang Area Act, 1957 The Naga Hi..

Posted in Civil Law |   3511 hits

Center For Pil & Ors. vs Union Of India & Ors

 14 January 2011

The Telecom Regulatory Authority Of India Act, 1997 Section 11 in The Telecom Regulatory Authority Of India Act, 1997 The Central Vigilance Commission Act, 2003 Section 13 in The Telecom Regulatory Authority Of India Act, 1997 Bhagwant Singh vs C..

Posted in Civil Law |   2726 hits

Classic case on Appeal:James vs State Of Kerala

 14 January 2011

The Indian Penal Code, 1860 Section 100 in The Indian Penal Code, 1860 The Indian Forest Act, 1927 Section 11 in The Indian Penal Code, 1860 Section 4 in The Indian Penal Code, 1860 ..

Posted in Civil Law |   2080 hits

H.P.Public Service Commission vs Mukesh Thakur & Anr.

 14 January 2011

CIVIL APPELLATE JURISDICTION Civil Appeal No. 907 of 2006 ..

Posted in Civil Law |   3010 hits

Center For Pil & Ors. vs Union Of India & Ors

 14 January 2011

The Telecom Regulatory Authority Of India Act, 1997 Section 11 in The Telecom Regulatory Authority Of India Act, 1997 The Central Vigilance Commission Act, 2003 Section 13 in The Telecom Regulatory Authority Of India Act, 1997 Bhagwant Singh vs C..

Posted in Civil Law |   1378 hits

The Trial of Casement

 20 September 2010

The trial of Sir Roger Casement took place in 1917 during the First World War. It raised a new point. The guilty act had been committed – not in England – but by Casement in Germany. Was that High Treason?..

Posted in Criminal Law |   3833 hits

INDIAN OVERSEAS BANK V. INDUSTRIAL CHAIN CONCERN

 11 September 2010

Negotiable Instruments Act--Section 131--Bank can avail of immunity as collecting banker--Opening of account--Duties of bank...

Posted in Civil Law |   1566 hits

National Small Industries Corp. Ltd. .... Appellant (s) Versus Harmeet Singh Paintal & Anr. .... Res

 11 September 2010

Other directors not liable in Cheque Bouncing..

Posted in Criminal Law |   1577 hits

Joseph Zacharia And Ors. vs Joseph Kuriakose And Anr.

 11 September 2010

"'Holder'.-- The 'holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto...

Posted in Civil Law |   1303 hits

OBED TASHOBYA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS DFCU

 11 September 2010

“The standard by which the absence or otherwise of negligence is to be determined must be ascertained by reference to the practice of reasonable men carrying on the business of bankers and endeavoring to do so in such a manner as may be calculated to..

Posted in Civil Law |   2121 hits

Woodland Development Sdn Bhd - vs - Chartered Bank

 11 September 2010

An ‘actual’ authority is a legal relationship between principal and agent created by a consensual agreement to which they alone are parties .... To this the contractor is a stranger .... An ‘apparent’ or ‘ostensible’ authority .... is a legal relatio..

Posted in Civil Law |   5173 hits

Columbus Joint Venture v Absa Bank Ltd (65/2000) [2001] ZASCA 108;

 11 September 2010

Banker’s duty of care to owner of cheque — opening of new account — for existing customer — verified details of such customer serving as disincentive to fraudulent use of new account — where circumstances do not put bank on notice of impending fraud,..

Posted in Civil Law |   3883 hits

OBED TASHOBYA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS DFCU

 11 September 2010

“The standard by which the absence or otherwise of negligence is to be determined must be ascertained by reference to the practice of reasonable men carrying on the business of bankers and endeavoring to do so in such a manner as may be calculated to..

Posted in Civil Law |   1808 hits