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Judgments and Orders

Shiefting venue of trial is not transfer of case

 03 May 2010

Criminal - Shifting venue of Trial - Whether shift as in the present case means "transfer" as contemplated in Section 407 of the Code of Criminal Procedure, 1973 ? Criminal - Conduction of Trial inside the jail premises - Violation of Articles 1..

Posted in Criminal Law |   1331 hits

State Govt. cannot file Appeal against Special Judge CBI

 03 May 2010

Criminal - Competence of State to file an Appeal - Scope of - Section 378, 378(1) and 378(2) of Code of Criminal Procedure, 1973 - Whether the State Government has competence to file an appeal from the judgment passed by Special Judge, CBI acquitting..

Posted in Criminal Law |   1454 hits

State Govt. cannot impose parameters over non-aided schools

 03 May 2010

Constitution - Starting a primary, secondary or higher secondary school on "permanent no grant basis" in "Marathi medium" - Bombay Primary Education Rules, 1949 - Proposal submitted pursuant to Government Circular - Government issued Impugned Resolut..

Posted in Constitutional Law |   1670 hits

Prisoners have full rights for medical treatment

 03 May 2010

Constitutional - Exhaustion of Remedies - 42 U.S.C. § 1997e(a), Department of Corrections' Procedural Rules - Suit against prison officials claiming denial of adequate medical care inspite of regular request and several prison grievance complaints - ..

Posted in Constitutional Law |   1546 hits

Delay in recording statement of witnesses is not helpful for accused

 03 May 2010

Order of Acquittal - Reversal thereof by High Court in Appeal - Challenge against thereto - High Court while reversing order of acquittal passed by the Trial Court convicted Appellant under Sections 302, 201, 120B of the Indian Penal Code, 1860 and S..

Posted in Criminal Law |   1798 hits

Fundamental Right to open School cannot be withdrawn

 01 May 2010

Right to Live vis-à-vis Right to Education -Articles 21 and 21A of the Constitution of India, 1950 ..

Posted in Constitutional Law |   1836 hits

Art. 226 is not meant for seeking direction for FIR

 01 May 2010

Criminal - Sections 36, 41, 154, 155, 156, 190, 200 and 482 of Criminal Procedure Code - Respondent has refused to register a complaint and thereafter the case was filed in Court - Respondent did not proceed in the case despite there being Court dire..

Posted in Criminal Law |   2484 hits

Limitation Act cannot be invoked in Special Acts

 01 May 2010

Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appea..

Posted in Civil Law |   3192 hits

Goods stands exempted if captively used for the manufacture

 30 April 2010

Excise - Dutiability - Marketability - Burden of proof - Section 2(d) of the Central Excise 1944 (the Act) - Assessee, a manufacturer of footwear, manufactured double textured fabric, a rubberised, used as upper material in the manufacture of foot we..

Posted in Taxation |   1347 hits

Factum of Pronouncement or order is he date of limitation

 30 April 2010

Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appea..

Posted in Civil Law |   1317 hits

Right to open unaided schools cannot be restricted

 30 April 2010

Whether the right to establish available "only to" Public Charitable Trusts? ..

Posted in Constitutional Law |   1277 hits

Obligations of Private unaided schools

 29 April 2010

Obligation by Private unaided schools to be fulfilled..

Posted in Constitutional Law |   1372 hits

Everyday delay explanation is not the essance of Law

 29 April 2010

Limitation - section 5 of Limitation Act - Petitioner was charged for the offences punishable under sections 279, 304A, 337 and 338 of IPC and convicted to undergo simple imprisonment - Petitioner preferred an appeal with delay of 88 days in filing ..

Posted in Civil Law |   1190 hits

High Court cannot intervene in finding of bonafide requireme

 29 April 2010

Tenancy - Eviction petition - bona fide requirement - Fore Father in- law of the petitioner was the original tenant - Respondent desired to shift to the ground floor occupied by the petitioner to live close to maternal family - Petitioner opposes th..

Posted in Civil Law |   1720 hits

Senior Superintendent Telegraph (Traffic) Bhopal Versus Sant

 29 April 2010

The main question is whether relief of reinstatement and back wages granted to respondent nos. 1 to 14 (for short, ‘the workmen’) is justified. The facts leading up to this appeal by special leave are few and simple. The workmen were enrolled with th..

Posted in Others |   1428 hits

WEST BENGAL ELECTRICITY REGULATORY COMMISSION VERSUS HINDALCO INDUSTRIES LTD. & ORS.

 29 April 2010

In these two appeals the appellants are aggrieved by the order passed by the Appellate Tribunal for Electricity (hereinafter referred to as ‘the Tribunal’) in Appeal No.3/2007 dated October 31, 2007. The present Appeal No. 805 of 2008 is at the insta..

Posted in Others |   2669 hits

The Managing Director, Hassan Co-operative Milk Producer’s S

 28 April 2010

These two appeals, by special leave, are concerned with the liability of the appellants to pay ESI contribution in respect of the workers employed by the contractors in performance of the contract awarded to them for transportation of milk. The two a..

Posted in Others |   2213 hits

N. Suresh Nathan & Ors., Etc. Etc. Versus Union of India & O

 28 April 2010

The relevant facts briefly are that the Government of Pondicherry, Planning & Development Department, made the Assistant Engineers (including Deputy Director of Public Works Department) Group ‘B’ (Technical) Recruitment Rules, 1965 [for short ‘the Re..

Posted in Others |   1942 hits

S.R. SRINIVASA & ORS. VERSUS S. PADMAVATHAMMA

 28 April 2010

Briefly stated the facts of the case are that the plaintiffs claimed that Puttathayamma was wife of Sivaramaiah who pre-deceased her in 1950. Puttathayamma died on 15.11.1979. She had four children. Lalithamma (daughter) who died in 1990, was the ori..

Posted in Others |   1850 hits

M/s. A.P.T. Ispat Pvt. Ltd. Versus U.P. Small Industrial Corporation Ltd. & Anr.

 28 April 2010

The appellant is a private limited company incorporated and registered under the Companies Act. It seeks to challenge two recovery certificates issued by the Managing Director of the U.P. Small Industries Corporation Ltd. (a government corporation) i..

Posted in Others |   1927 hits