A. Criminal Procedure Code, 1973- Section-181(4) – Territorial Jurisdiction – Offence of criminal breach of trust and cruelty – case registered under sections. 406/498-A I.P. C. - Allegation that petitioners, in-laws husband harassed the complainan..
A. Criminal Procedure Code, 1973 – Section 144- Dispute between landlord and tenant – Validity of order passed by Executive Magistrate restraining tenant from entering premises – Landlord’s application under section 144 for possession of premises- re..
A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..
A. Criminal Procedure Code, 1973 ― Section 125(1)(c) ― Word ‘injury’ used in Section 125(1)(c) ― Need not necessarily denote ‘physical injury’ for it can be mental injury as well ― It has to be read in the context of inability..
Removal - Misconduct - Breach of faith - Respondent, conductor issued ticket of 0.50 paisa denomination instead of Rs. 4/- to 16 lady passengers - Guilty of serious misconduct and the gravity of the misconduct cannot be minimized by the fact that he ..
(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..
Constitution of India, Article 139-A(2) - Transfer petition - Transfer of petition from Madras High Court to Delhi High Court where other writ petitions involving identical issues are pending - Writ transferred to Delhi High Court. (Paras 5) ..
Judgement in the case of K Raheja Development Corporation has been referred for larger bench..
(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..
(A) Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Trade Marks Act, 1999, Sections 29 and 106 - Interim injunction - c - Appellant prior user of trade mark 'Glucon-D' and specific packaging - The term 'Glucose-D' used by respondent from the yea..
due to the personal srtain relationship..
The word 'propogate' has been used in the Article as meaning to transmit or spread from person to person or from place to place. The Article does not grant right to convert other person to one's own religion...
Appeal - Compromise - Memorandum of compromise arrived at between the parties - Appeal disposed of in terms of compromise - This compromise will form part of decree. (Paras 2 and 3)..
(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..
Constitution of India, Articles 226/227, Entries 77,78,95 of List I, Entry 65 of List II and Entry 11-A of List III - Companies Act, 1956 - Companies (Second Amendment) Act, 2002 - Providing for setting up of the National Company Law Tribunal and Nat..
EXHAUSTION OF REMEDIES PER AGREEMENTS - A PRE CONDITION TO APPROACHING THE COURT The Supreme Court of India (“Court”) on August 18, 2008 in Northern Railway Administration, Ministry of Railway, New Delhi Vs. Patel Engineering Company Ltd determine..
(A) Bihar Non Government Secondary School (Taking over Management and Control) Act, 1981, Sections 2(d), 3 and 19 - Proprietary School - Grant of recognition - To take over the school - Direction sought - School being managed by managing Committee an..
Constitution of India, Articles 14 and 226 - Swantentrata Samman Sainik Pension Scheme, 1980 - Freedom fighters pension - Separation of power - Judicial restraint - If the order passed by the Union of India is not justifiable on Wednesbury principles..
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