19 August 2019


Search Results for Tag : IL

Judgments

District courts 'principal civil Court' in Bihar(30.07.2015)

The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....

Tags : arbitration, civil, original jurisdiction

read»



Commissioner, Service Tax cannot delve into correctness of Cenvat(30.10.2014)

On a perusal of sample debit notes, the nature of the service clarified by the Service Tax registration number, the Tribunal found in favour of the Ap.....

Tags : business auxiliary service, cenvat

read»



Divisional Railway Manager a 'factory'(03.08.2015)

The Supreme Court held that a canteen at the Divisional Railway Manager, Moradabad was a 'statutory canteen'. With all requirements of a factory save .....

Tags : railway, factory, labour

read»



Juvenile at time of offence exempt from sentence(07.08.2015)

The Supreme Court released a person imprisoned for 10 years, after he was declared a juvenile at the time of the offence. The Petitioner had failed to.....

Tags : juvenile, exempt, sentence

read»



Recovery of dues owed by MPs, MLAs and political bodies(07.08.2015)

In a PIL raising issue to dues owed by Members of Parliament, Legislative Assemblies and other political entities to public utility providers and hote.....

Tags : politicians, arrears, public utilities

read»



Earlier assault can bolster suspicion of murder, but is not sufficient by itself to conclude guilt of accused(15.04.2015)

In a case where the Appellant was accused of the murder of his wife, the Court held that a prior incident of assault against the wife 'stands alone' a.....

Tags : Suspicion, death, guilt, unnatural circumstances

read»



Post-dated cheques given as security against advance do not constitute a legally enforceable liability(14.08.2015)

When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of suc.....

Tags : Cheque, dishonour, enforceable liability, post-dated

read»



CWC and Labour Department more in breach than compliance of child welfare guidelines(04.09.2015)

In a case emerging out a lack of action taken by the police against a person employing children in a welding shop, the Court made a “shocking revelati.....

Tags : Children, employed, welfare commission, parents

read»



Court restricts iBall from importing mobiles, handsets and other devices(02.09.2015)

Ericsson was successful in its plaint alleging infringement of its patents by several mobile devices imported by and sold as iBall products. Some of t.....

Tags : Mobile, patent, speech, codec

read»



Quantity of goods actually imported not bill lading to determine value of goods imported(02.09.2015)

Levy of import duty can be imposed only on imported goods, not on goods that escaped payment of duty. In the instant case, the Assessee had not paid i.....

Tags : Import, quantity, bill of lading, value

read»



Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises(19.08.2015)

The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civi.....

Tags : Tenancy, civil court, jurisdiction

read»



Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....

Tags : Hotel, eviction, lease, maintainability, suit

read»



Madras High Court denies anticipatory bail to Subhiksha promoter(18.09.2015)

The Court denied anticipatory bail to R. Subramanian, noting that it had already passed lenient orders in the past in efforts to enable some repayment.....

Tags : Anticipatory bail, depositors, access

read»



Supreme Court values excess land owned by Wadiyar royalty(21.09.2015)

In a question on valuation of property for the purposes of wealth tax, the Supreme Court held that property, the overall area of which exceeded that a.....

Tags : Ceiling, valuation, land, wealth tax

read»



Court denies bail to former Delhi Law Minister(22.09.2015)

Noting the litany of serious charges leveled against Somnath Bharti, former Law Minister for the State of Delhi, the Court dismissed his petition “tha.....

Tags : Law minister, bail, cruel, wife

read»



High Court reinforces importance of wearing helmet while riding two-wheeler(08.06.2015)

The Madras High Court directed the government to take several proactive steps in tackling death and injury caused in accidents due to two-wheeler ride.....

Tags : Two wheeler, helmet, visibility, free

read»



Court can lift corporate veil to determine common business goal and privity of interest(17.08.2015)

The corporate veil can be lifted by the Court in “diverse circumstances” to determine the true nature of a company or a group of companies. The Appell.....

Tags : Corporate veil, subsidiary, agreement

read»



Government ban on crude palm oil imports through Kerala ports in public interest(21.08.2015)

The Supreme Court held that there existed “sufficient public good” in banning the import of crude palm oil through ports in Kerala. The government had.....

Tags : Import ban, validity, constitutionality, palm oil

read»



Motion for injunction against 'Manjhi – The Mountain Man' dismissed by Bombay High Court(20.08.2015)

The Court dismissed a motion for injunction against the film, 'Manjhi – The Mountain Man', for infringing copyright vested in the Plaintiffs' script. .....

Tags : Film, injunction, prior awareness

read»



Not water under the bridge: anticipatory bail for misappropriation of funds denied(01.10.2015)

In a case where the Appellants were accused of misappropriating public funds by granting a construction contract to a non-existent contractor, the Sup.....

Tags : Misappropriation, public, anticipatory, bail, cancel

read»



Lowered education loan criteria for SC/ST students to be decided by RBI and Government(13.10.2015)

Kerala High Court dismissed petitions against the decision of the State Bank of Travancore to not grant the petitioners educational loans for failing .....

Tags : Education, loan, lower, eligibility, scheduled caste

read»



Madras High Court grants bail to Subhiksha founder(16.10.2015)

Madras High Court granted bail to ‘Subhiksha’ founder R. Subramaniam, on the condition of fulfillment of a bail bond and sureties. The Court had previ.....

Tags : Subramanian, subhiksha, bail, grant

read»



Court derides lack of legislation on rehabilitation for sexual assault victims(03.11.2015)

In a case involving the rape of a minor and birth of a child as a consequence, the Allahabad High Court, taking note of the physical and mental trauma.....

Tags : Rape, rehabilitation, victim, child, compensation

read»



Justice not only done but also seen to be done: Kerala HC(09.11.2015)

Kerala High Court held that the Director of Vigilance can give ‘timely directions’ while conducting investigation, but not after. Observations and fin.....

Tags : Vigilance, minister, improper investigation

read»



Delhi Juvenile Justice Rules not unconstitutional(19.11.2015)

The Delhi High Court rejected a petition calling the procedure for determining juvenility of an accused unconstitutional and in conflict with the law......

Tags : Juvenile, priority, proof, rules, variation

read»



Appeal against Single Judge order for further criminal investigation not maintainable(19.11.2015)

The Orissa High Court held that an appeal against a Single Judge judgment directing further investigation in a criminal investigation was not maintain.....

Tags : Appeal, single judge, maintainability, criminal

read»



Compact Disc is a ‘document’ under Section 294 CrPC(24.11.2015)

The Supreme Court ruled that a Compact Disc (CD) is a document under Section 294 of the Code of Criminal Procedure, 1973 and courts were not required .....

Tags : proof, recording, admissibility, compact disc, document

read»



DIAL’s hundred per cent fee increase not an abuse of dominant position(17.11.2015)

Delhi International Airport Pvt. Ltd. was given reprieve from proceedings for unfair and discriminatory increases in airport floor rental charges. DIA.....

Tags : Competition, airport fee, equilibrium, dominant position

read»



Telangana and AP High Court upholds amendments to mining law(11.09.2015)

The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....

Tags : Mining, application, eligibility, constitutionality

read»



Include acid attack victims on disability list(07.12.2015)

The Supreme Court awarded Rs. 13 lakhs to two victims of acid attacks and ordered the State of Bihar to take full responsibility for their treatment a.....

Tags : Acid attack, compensation, disability list

read»



Kingfisher Airlines to be represented by legal counsel before GRC(17.12.2015)

A borrower appearing before a Grievance Redressal Committee has the right to be represented by an advocate, the Delhi High Court has held. Proceedings.....

Tags : Kingfisher, willful defaulter, grc, advocate

read»



Bombay HC issues directions for construction of toilets(23.12.2015)

On a PIL regarding toilet facilities for ‘women walking on the streets’, the Bombay High Court ordered all municipal corporations to formulate compreh.....

Tags : Women, toilets, Maharashtra, committee

read»



CIC dismisses appeal seeking up-to-date government email addresses(16.12.2015)

The Central Information Commission dismissed an appeal seeking email addresses of all governments, public authorities and organisations maintained by .....

Tags : Rti, email addresses, outdated, security, privacy

read»



Trade mark ruling eases Lupin’s pressure(23.12.2015)

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....

Tags : Trade mark, divisibility, comparison, pronunciation

read»



Lower eligibility limit for OBC student applying to M. Phil Programme ordered(19.01.2016)

Jawaharlal Nehru University’s policy of requiring OBC students meeting the same threshold to qualify for its M. Phil Programme as general category stu.....

Tags : Higher education, reservation, obc, eligibility

read»



Trade mark ruling eases Lupin’s pressure(23.12.2015)

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....

Tags : Trade mark, divisibility, comparison, pronunciation

read»



Ensuring a life of dignity for prisoners(05.02.2016)

The Supreme Court passed an order calling for the improvement in prisoners’ conditions incarcerated in jails across the country. The Court was of the .....

Tags : Overcrowding, jails, living conditions

read»



Jammu and Kashmir HC approves suo moto accountability(01.02.2016)

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginni.....

Tags : Accountability commission, suo moto, proceedings

read»



Passenger to be compensated for theft even in non-identification of railway employee(26.02.2016)

The National Consumer Disputes Redressal Commission ruled that the Indian Railways is liable to compensate a passenger for the loss suffered on accoun.....

Tags : railways, employee, theft, vicarious liability

read»



Court turns into literature school granting Kanhaiya bail(02.03.2016)

The Delhi High Court hymned a few verses answering the conundrum "why the colour of peace is eluding the prestigious Jawaharlal Nehru University". It .....

Tags : Kanhaiya kumar, sedition, bail

read»



Passing ice cream off as biscuits and other ways to test court patience(11.04.2016)

The Bombay High Court rejected an application alleging trade mark infringement by Parle for use of the mark, ‘Londonderry’.

Putting aside .....

Tags : trade mark, phonetic, vendibility, class of goods

read»



Delhi High Court to delve into Drug Controller irregularities(25.04.2016)

The Delhi High Court deferred a dispute regarding the development, classification and promotion of bio-similar drugs to 2 June 2016. Brought by Roche .....

Tags : trastuzumab, bio-similar, dcgi, roche

read»



Valid extradition treaty between India and Chile; MEA lambasted for lax attitude(28.04.2016)

India and Chile have subsisting between them a valid extradition treaty, under the Extradition Act 1962, the Supreme Court held.

The Court.....

Tags : extradition, treaty, chile, ministry of external affairs

read»



Is DT’s acquisition more curse than boon for PVR(04.05.2016)

PVR group assuaged the Competition Commission’s fears that its proposed takeover of DT cinemas would have an appreciable adverse effect on competition.....

Tags : Takeover, competition, film theatre, pvr

read»



Mere handing over of currency notes not illegal gratification(12.04.2016)

Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme C.....

Tags : Illegal gratification, proof of demand

read»



Court remonstrates apathy against disabled persons(12.05.2016)

The Supreme Court emphatically denounced the actions of a Spicejet airline crew of deboarding a woman, Jeeja Ghosh, suffering from cerebral palsy “in .....

Tags : cerebral palsy, airline, de-board, humiliation

read»



College cannot claim non-eligibility for course if no mala fide in admission(13.05.2016)

A candidate once admitted to a college after full and true disclosure of her qualifications before the relevant authorities cannot be asked to vacate .....

Tags : Nursing, admission, eligibility requirement

read»



Bombay HC: Harness Whatsapp to receive child rights complaints(02.05.2016)

Hearing a PIL for women lawyers being given priority appointments as Special Public Prosecutors under the Protection of Child Rights Act, the Bombay H.....

Tags : child rights, state commission, special public prosecutor

read»



Desperate father misleading British court denied relief(20.05.2016)

A person having obtained a favourable order from a foreign court cannot claim its benefit if the same was obtained by defrauding that court.

.....

Tags : family, high court, united kingdom, fraud, children, welfare

read»



Medicinal products should be clearly distinguishable(03.06.2016)

Public interest supports a lesser degree of proof showing confusing similarity in trade mark, even if two medicinal products are not identical or of t.....

Tags : pharmaceutical, trade mark, confusing similarity, drug names

read»



CCI lets Wiley India off the hook(28.06.2016)

The Competition Commission of India dismissed a complaint against pre-eminent publisher of scientific, technical and medical journals, Wiley India, fo.....

Tags : wiley india, journal, distribution, authorised agent, resale price maintenance

read»



Railway to pay for deaths of ‘roof riders’(05.07.2016)

The Supreme Court awarded compensation to kin of deceased who died while riding on the roof of train carriages.

The tragedy occurred when h.....

Tags : railway, compensation, death, roof rider

read»



Detaining suspect illegally outside ‘official duties’ of police(05.07.2016)

Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.....

Tags : criminal, police, sanction, illegal detention

read»



A written communication sent to addressee's last known place of business, habitual residence or mailing address is deemed receipt.(22.07.2016)

Co-borrower along with other signatories of the home equity agreement are jointly and severally liable to re-pay the loan amount disbursed by concerne.....

Tags : Re-payment, loan, co-borrower, liability- joint & severable

read»



A written communication sent to addressee's last known place of business, habitual residence or mailing address is deemed receipt.(22.07.2016)

Co-borrower along with other signatories of the home equity agreement are jointly and severally liable to re-pay the loan amount disbursed by concerne.....

Tags : Re-payment, loan, co-borrower, liability- joint & severable

read»



National Commission has to exercise the jurisdiction only if State Commission or the District Forum either failed to exercise their jurisdiction or exceeded jurisdiction by acting illegally(02.08.2016)

Appellant-Society is a charitable institution running a girls hostel at Surat for the benefit of Adiwasi children. Appellant-Society purchased vitrifi.....

Tags : Defective tiles, Compensation, Liability

read»



Tribunal could only correct clerical or arithmetical errors after adjudication(08.08.2016)

In present case, Appellant claimed occupancy rights in the land by filing an application in Form 7 under Karnataka Land Reforms Rules, 1974 and invoki.....

Tags : Land, Occupancy rights, Amendment, Permissibility

read»



Once an employee takes voluntary retirement under a VRS Scheme, he cannot claim benefits with respect to past services(20.03.2017)

By filing present writ petition, Petitioner prays for grant of second Time Bound Promotion Scale (TBPS) dated 23rd July, 1997. However, Petitioner too.....

Tags : Promotion, Eligibility, VRS

read»



Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)

Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt

Instant appeals arise out of a common .....

Tags : Conviction, Evidence, Credibility

read»



PMLA has an over-riding effect and provisions of Cr. PC would apply only if they are not inconsistent with provisions of PMLA(10.04.2017)

Petitioner has preferred present bail application seeking regular bail under Section 439 of Code of Criminal Procedure,1973 (Cr. PC) read with Section.....

Tags : Application, Bail, Grant

read»



Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)

Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....

Tags : Acquittal, Validity, Evidence, Credibility

read»



Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)

Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....

Tags : Conviction, Evidence, Credibility

read»



Making of construction by spending of moneys would not make Appellant anything more than a licensee(01.05.2017)

Present Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by Defendant in suit impugning concurrent judgments of.....

Tags : Property, Possession, Will

read»



Public interest or change in policy may be sufficient to negate concept of legitimate expectation.(08.05.2017)

Petitioner, a public limited company, engaged in providing oil and gas rigs on rent with related services, claim that a direction should be issued to .....

Tags : Tender, Grant, Eligibility

read»



FIR is not a substantive piece of evidence; it can be used only for purposes of corroboration or contradiction of maker only(08.05.2017)

Aggrieved by nil award passed by learned Member, Motor Accident Claims Tribunal, present appeal is preferred by appellant-claimants. Appellant claimed.....

Tags : Nil Award, Compensation, Entitlement

read»



Plea of juvenility could be taken up by an accused at any stage of proceedings, even after disposal of case from Supreme Court(24.05.2017)

Appellant was convicted under Sections 392 and 34 of Indian Penal Code, 1860 (IPC) and was sentenced to undergo RI for seven years, fine of Rs. 5000/-.....

Tags : Juvenility, Plea, custody, Release

read»



Consent of Charity Commissioner is necessary for institution of suit of nature specified in Section 50 of MPT Act(12.06.2017)

Challenge in present appeal is to impugned orders made by City Civil Court at Bombay rejecting plaint in Appellant's Suit under Order 7 Rule 11(d) of .....

Tags : Suit, Maintainability, Adequate remedy

read»



No place other than municipal market shall be used as a market place unless such place has been licensed as a market by Municipal Commissioner(06.06.2017)

Present writ petition is filed for a direction upon corporation authorities to take steps for demolition of illegal construction and stoppage of illeg.....

Tags : Illegal construction, Direction, Demolition

read»



Legal proceedings cannot be initiated without completing assessment proceedings(14.06.2017)

In facts of present case, Appellant imported P-68 watch movement from Hong Kang and filed Bills of Entry. On basis of invoice issued by overseas suppl.....

Tags : Proceedings, Demand, Maintainability

read»



Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)

Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....

Tags : Conviction, Evidence, Credibility

read»



Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata

read»



Conditions inserted in Notification are mandatory and cannot be held as mere procedural requirement(23.06.2017)

Appeal is against order of Commissioner (Appeals). Appellants are engaged in manufacture of corrugated cartons falling under Central Excise heading 48.....

Tags : Notification, Condition, Fulfilment

read»



Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)

Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....

Tags : Application, Maintainability, New ground

read»



Refund shall be effected on production of necessary documents of evidences(27.06.2017)

Present appeal is against impugned order dated 11.1.2016 passed by Commissioner of Customs (A) whereby Commissioner (A) set aside the Order-in-Origina.....

Tags : Refund, Eligibility, Document, Production

read»



Petitioner cannot be denied the right of getting an opportunity to participate in Orientation/Refresher Courses conducted by UGC, merely because she is under suspension(21.07.2017)

By present petition, Petitioner seeks a writ in nature of certiorari quashing impugned letter/e-mail dated 6th June, 2017 communicated by Respondent N.....

Tags : Programme, Participation, Eligibility

read»



If goods bought and/or services availed are exclusively for purpose of earning livelihood by means of self-employment, such an activity shall not fall within definition of commercial purpose.(26.07.2017)

Present first appeals have been filed under Section 19 read with Section 21(a)(ii) of Consumer Protection Act, 1986 against impugned orders, passed by.....

Tags : Complaint, Maintainability, Service, Availment

read»



Mere possession and recovery of currency notes from an Accused without proof of demand would not establish an offence(14.07.2017)

Appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to present Court against affirmation of his conviction under Sections 7 and.....

Tags : Illegal gratification, Proof, Conviction

read»



Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)

In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....

Tags : Conviction, Legality, Evidence, Credibility

read»



Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)

Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....

Tags : Conviction, Legality, Evidence, Credibility

read»



Additional documents can be filed only with the leave of the Court(24.08.2017)

Plaintiff filed the present suit seeking a decree for a sum of Rs 1,48,39,218/- along with interest pendent lite and future. Pursuant to completion of.....

Tags : Additional documents, Filing, Court, Leave

read»



A minor can bring a suit within a specified time after the termination of his minority and/or during the subsistence of his minority, through his next friend(30.08.2017)

Defendant is the Appellant against a confirming judgment. Case of the Defendant is that, the suit land is his ancestral homestead. He is in possession.....

Tags : Suit, Minor, Maintainability

read»



In case of a Society, the will of majority of the members of Society is supreme(15.09.2017)

By present writ petition, the Petitioner-Educational Institution seeks quashing of communication dated 19th August, 2016, sent by Divisional Joint Reg.....

Tags : De-registration, Proposal, Maintainability

read»



An appeal shall lie only from the final order passed by a Court(15.09.2017)

The present writ petition has been filed challenging the order passed by the learned Financial Commissioner in Revision Petition whereby the learned F.....

Tags : Proceedings, Appeal, Maintainability

read»



The period of delay is to be counted from the knowledge of the deficiency(14.09.2017)

Instant first appeal has been filed by the Appellant against the order passed by the State Commission. Appellant/complainant had purchased the first f.....

Tags : Complaint, Delay, Maintainability

read»



Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)

In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....

Tags : Conviction, Exception, Applicability

read»



Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)

Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....

Tags : Eviction, Application, Maintainability

read»



Question with regard to juvenility can be raised at any time either during trial or during pendency of the appeal or revision or in any other proceeding pending in any Court of law(11.10.2017)

Present is an appeal under Section 374 of the Code of Criminal Procedure, 1973 filed by the convicts (Appellants) assailing the judgment and order of .....

Tags : Conviction, Legality, Juvenility Plea

read»



Statement of a person recorded by officers of NCB or CBN after arrest of such person is inadmissible in evidence(10.10.2017)

The instant appeal has been preferred by the accused Appellant being aggrieved of the judgment passed by the learned Special Judge, whereby, the Appel.....

Tags : Conviction, Statement, Admissibility

read»



Intervention of the Court is envisaged only in few circumstances like fraud or bias by the Arbitrators or violation of natural justice(03.10.2017)

The Appellant, in present appeals, has challenged the legality and correctness of the judgment and order passed by High Court of Calcutta. Appellant s.....

Tags : Dispute, Arbitrability, Award, Interest

read»



Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)

By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....

Tags : Conviction, Evidence, Credibility

read»



Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)

Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....

Tags : Cognizance, Provision, Applicability

read»



If a person tried for criminal offence but ordinary criminal law will not be able to deal with situation, only then, preventive detention can be taken recourse to(02.11.2017)

Present petition was against the order of detention passed by Respondent in exercise of powers conferred under Section 3[2] of the Gujarat Prevention .....

Tags : Illegal Activity, Detention, Validity

read»



Orders passed by NCDRC in exercise of its jurisdiction are subject to appeal before the Supreme Court(07.11.2017)

Present appeals have been brought before this Court invoking Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, as amended by Arbitration.....

Tags : Disputes Redressal, Appeals, Maintainability

read»



No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order(14.12.2017)

Present appeal is filed by the Complainant against the final judgment passed by the High Court of Judicature whereby the High Court partly allowed the.....

Tags : Bail, Direction, Validity

read»



Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)

Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....

Tags : Acquittal, Validity, Evidence, Credibility

read»



A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)

The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....

Tags : Conviction, Evidence, Credibility

read»



Complaint cannot barred by limitation, where there is case of continuing cause of action(10.01.2018)

Instant first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order, pas.....

Tags : Complaint, Maintainability, Possession

read»



Appellate Court cannot interfere with order of acquittal if the view taken by Trial Court is reasonable and findings recorded by it are not manifestly erroneous or contrary to the evidence on record(09.01.2018)

The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Jammu, has filed this appeal against the judgment of acquittal .....

Tags : Illegal gratification, Acquittal, Validity

read»



Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)

The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....

Tags : Conviction, Evidence, Credibility

read»



Submission of valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is sine-qua-non for such extension(24.01.2018)

Challenge in instant application under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) is the order passed by learned Chief Judicial Magi.....

Tags : Bail, Rejection, Validity

read»



A claimant for compensation ought not to be burdened with following a trail of successive transfers, which are not registered with registering authority(06.02.2018)

In instant case, an accident took place. By its award, the Tribunal granted compensation. The Tribunal noted that, the registration certificate of the.....

Tags : Compensation, Payment, Liability

read»



Petitioner who is not a party to agreement containing an arbitration clause cannot be party to arbitration proceedings between the parties to arbitration agreement(07.02.2018)

The grievance projected by the Petitioner in instant petition is that, while the arbitration proceedings between Respondent Nos. 2 and 4 were going on.....

Tags : Impleadment, Maintainability, Privity, Contract

read»



When remedy is available under provisions of Act, jurisdiction of Civil Court is impliedly ousted(14.02.2018)

The question that arises for consideration in this appeal is, whether the suit filed by the Respondent seeking declaration and permanent injunction ag.....

Tags : Civil Court, Jurisdiction, Remedy

read»



Discretion to grant bail has to be exercised judiciously and in a humane manner and compassionately(23.02.2018)

Present appeal has been filed against the judgment and order of High Court dismissing the Writ Petition filed by the Appellant. The main issue which n.....

Tags : Bail, Grant, Discretion

read»



Once application for bail is decided by a Judge, successive application for bail, if it is filed, has to be decided by the very same Judge, if the Honourable Judge is available(23.02.2018)

Present is an application under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC). The Applicant is challenging grant of bail in favour of.....

Tags : Bail, Grant, Validity

read»



Freedom of an individual cannot be curtailed merely on the basis of suspicion(17.03.2018)

Apprehending his arrest, bail Petitioner, has approached present Court by way of instant petition for grant of pre-arrest bail in FIR registered under.....

Tags : FIR, Pre-arrest bail, Grant

read»



A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)

The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....

Tags : Conviction, Validity, Evidence, Credibility

read»



“Light Motor Vehicle" would include a transport vehicle as per the weight(06.03.2018)

The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third Respondent. The claim arose from the death of the husband of th.....

Tags : Award, Compensation, Liability

read»



In bribe cases, it is for the prosecution to prove demand and acceptance beyond reasonable doubt(02.03.2018)

The Appellants 1 & 2 were tried before the learned Assistant and Sessions Judge-cum-Chief Judicial Magistrate, on the allegation that, on 5th April, 2.....

Tags : Illegal gratification, Proof, Acquittal

read»



What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)

Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....

Tags : Application, Review, Maintainability

read»



An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded(23.03.2018)

In present suit, Plaintiff has filed the document dated 9th September, 1994 evidencing family settlement which was claimed by the Plaintiff as memoran.....

Tags : Partition, Document, Admissibility

read»



Instruments not duly stamped is inadmissible in evidence and cannot be acted upon(12.04.2018)

The present petition is against the order whereby the application filed under Section 35 of the Indian Stamp Act, 1899 raising objection about the adm.....

Tags : Document, Admissibility, Registration

read»



No straightjacket formula can be laid for grant or refusal of anticipatory bail and application for anticipatory bail is to be decided on basis of available facts in each case(17.04.2018)

Present anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 (CrPC) is preferred by the Petitioner apprehending her arr.....

Tags : Anticipatory bail, Benefit, Extension

read»



In ceiling proceedings, it is the duty of land owner to show which portion of his land is exempt from ceiling proceeding(25.04.2018)

In facts of present case, Satwarao, predecessor-in-interest of the Appellant, held huge tracts of land but did not file return under the Ceiling Act. .....

Tags : Ceiling, Revenue entries, Validity

read»



No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after expiry of prescribed period(18.04.2018)

The present Contempt Petition is filed, seeking implementation of the order dated 15th September, 2011. The present Contempt Petition has been filed a.....

Tags : Contempt Petition, Delay, Maintainability

read»



Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)

Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....

Tags : Conviction, Evidence, Credibility

read»



Use of a vehicle in a public place without a permit is a fundamental statutory infraction(17.05.2018)

The legal representatives of the deceased, preferred a claim petition before the Tribunal claiming compensation to the tune of Rs. 36,00,000. The clai.....

Tags : Award, Compensation, Liability

read»



No Civil Court can exercise jurisdiction to entertain any suit or proceeding in respect of any matter which a DRT or DRAT is empowered(17.05.2018)

The judgment of the High Court is assailed in instant appeal, whe