tag:blogger.com,1999:blog-39161501409354256972012-01-28T23:03:35.583+05:30Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.comBlogger2061100tag:blogger.com,1999:blog-3916150140935425697.post-6401296866984711292012-01-28T22:59:00.001+05:302012-01-28T23:03:35.600+05:30

Criminal Procedure Code, 1973 - Section 391 - The provision is not limited to recall of a witness for further cross-examination with reference to his previous statement. The Appellate Court may feel the necessity to take additional evidence for any number of reasons to arrive at the just decision in the case. The law casts a duty upon the court to arrive at the truth by all lawful means. Impugned

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-30066951046917859472012-01-24T22:50:00.000+05:302012-01-24T22:50:05.347+05:30

Code of Civil Procedure, 1908 - Order XXIII Rule 3-A - Revenue courts are neither equipped nor competent to effectively adjudicate on allegations of fraud that has overtones of criminality and the courts really skilled and experienced to try such issues are the courts constituted under the Code of Civil Procedure. It is also well settled that under section 9 of the Civil Procedure Code,

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-62551398185055281162012-01-24T22:18:00.000+05:302012-01-24T22:18:14.498+05:30

Indian Stamp Act, 1899 - Merely because the property is being used for commercial purpose at the later point of time may not be a relevant criterion for assessing the value for the purpose of stamp duty. The nature of user is relatable to the date of purchase and it is relevant for the purpose of calculation of stamp duty. Supreme Court of India  CIVIL APPEAL NO. 735 OF 2012 (Arising

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-40113786068346123792011-12-31T19:40:00.001+05:302011-12-31T19:40:25.783+05:30

Motor Vehicles Act, 1988 -  Ss. 149(1), (2) & (7), 147, 158(6), 163-A, 165, 166 and 17 - Whatever be the reason for insurer being made a party, once it is a party, it can raise all contentions that are available to the owner or driver to resist the claim. Maintainability of a joint appeal by the owner of the vehicle (Insured) and Insurer - the presence of the insurer as a co-appellant will not

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com1tag:blogger.com,1999:blog-3916150140935425697.post-37814365732111381312011-12-31T18:40:00.000+05:302011-12-31T18:52:32.614+05:30

Code of Civil Procedure- Order 9 Rule 13 - Ex-parte decree against a defendant has to be set aside if the party satisfies the Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing. "Sufficient Cause" is an expression which has been used in large number of Statutes. The meaning of the word "sufficient" is

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-44565045546297740052011-12-02T22:47:00.001+05:302011-12-02T22:56:02.605+05:30

Legal Services Authorities Act, 1987 - Section 21 - Every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that Court. - Lok Adalat can pass decree in criminal cases. The Act does not make out any such distinction between the reference made by a civil court and criminal court. - There is no restriction on the power of the Lok Adalat to

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-86426955570036107262011-11-22T08:02:00.000+05:302011-11-22T08:02:08.861+05:30

Criminal Procedure Code, 1973, Section 320 - Compounding of offences - Conviction under Section 307 IPC - Parties arriving at a settlement - Whether matter can be compounded. Held, no, The offences which are not compoundable under Section 320 CrPc cannot be compounded even if there is a settlement.  Supreme Court of India Criminal Appeal No. .............. of 2011 [Arising out of SLP (Crl.) No.

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-22099205815632975932011-11-22T07:53:00.000+05:302011-11-22T07:53:49.333+05:30

Consumer Disputes : In case of mortgaged goods subject to hire purchase agreements, the recovery process has to be in accordance with law. Till such time as the ownership is not transferred to the purchaser, the hirer normally continues to be the owner of the goods, but that does not entitle him on the strength of the agreement to take back possession of the vehicle by use of force. The

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-40289831557398395132011-10-30T22:37:00.002+05:302011-11-24T08:26:30.271+05:30

Hindu Succession  Act- A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment. The female inheritors

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Indian Evidence Act,1872-Section 32 - Normally the court in order to satisfy whether the deceased was in a fit mental condition to make the dying declaration look up to the medical opinion. But where the eyewitness has said that the deceased was in a fit and conscious state to make the dying declaration, the medical opinion cannot prevail. Where the prosecution version differs from the version

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Civil Procedure Code, 1908, Order 14 - Rule 1- It is well settled that in the absence of pleading, evidence, if any, produced by the parties cannot be considered. It is also equally settled that no party should be permitted to travel beyond its pleading and that all necessary and material facts should be pleaded by the party in support of the case set up by it. The object and purpose of

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Penal Code, 1860, Sections 405, 406 and 420 - Quashing of order - Taking cognizance of offence - Cheating - Criminal breach of trust - Dishonour of two cheques - Instead of filing complaint u/s 138 Negotiable instruments Act, complaint filed for cheating and criminal breach of trust - Non payment or under payment of price of goods by itself does not amount to commission of an offence of

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-6103114484712163092011-10-22T21:55:00.000+05:302011-10-22T21:55:29.963+05:30

Hindu Marriage Act, 1955 — section 13 — Giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully. In the case on hand, the appellant-husband has placed adequate materials to show that the respondent-wife used to give repeated threats to commit suicide and once even tried to commit suicide by jumping

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-17149696656192076602011-10-22T21:42:00.000+05:302011-10-22T21:42:33.277+05:30

Civil Procedure Code, 1908, O.39.R.2-A -- Failure to obey the undertaking given in civil suit - Contempt proceedings- Once the suit has been decreed, the court could not entertain the application under Order 39 Rule 2A CPC as the suit had already been decreed and such an application is maintainable only during the pendency of the suit in case the interim order passed by the court or undertaking

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-4541991830426419872011-10-15T22:28:00.000+05:302011-10-15T22:28:51.131+05:30

Electricity - Supply of - Owner or occupier of a premises has a statutory right for an electric connection. Sub-section (1) of Section 43 provides that every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply. These provisions in the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-49222775736019319372011-10-15T21:44:00.001+05:302011-10-15T21:46:09.454+05:30

Transfer of Property Act, Section 52,53,54 - Sale transactions carried in the name of general power of attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds.  “Transactions of the nature of `GPA sales or `SA/GPA/WILL transfers’ do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-28204879738404298602011-09-11T23:38:00.002+05:302011-12-17T23:16:24.487+05:30

Criminal Procedure Code, Section 326 , Negotiable Instruments Act, Section 143 -- Cheque bounce case should be tried and heard by the same magistrate and not by his successor. A Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence in a summary trial, cannot act on the evidence so recorded by his predecessor. The mandatory language in which Section 326 (3)

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-5599683504612370392011-04-30T22:08:00.000+05:302011-04-30T22:08:18.407+05:30

Motor Vehicles Act, 1988-Compensation Enhanced It is an accepted principle that compensation may be so assessed that the interest accruing therefrom will be sufficient for the maintenance of the family of the victim and the concept of compensation is wider than mere damages.   Supreme Court of India Civil Appeal NO.2011 (Arising out of Special Leave Petition (C) No.896 of 2006)Hon'ble Judge(s):

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-29675675207881585152011-04-19T22:13:00.000+05:302011-04-19T22:13:55.751+05:30

Motor Vehicles Act, 1988 — section 50 — Transfer of ownership - Payment of compensation - Liability of - Accident caused by the truck - Truck purchased by another person but name of the earlier owner continued in the Registration Certificate - whether the liability to pay the compensation amount as determined by the Motor Accident Claims Tribunal was of the purchaser of the vehicle alone or

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-21834977578354414442011-04-17T21:56:00.002+05:302011-04-17T22:05:14.212+05:30

Service Laws –  cancellation- Cancellation of on the ground that the respondent had concealed the fact of his involvement in the criminal case under sections 325/34 IPC and had made a wrong statement in his application form — the respondent filed writ petition against cancellation of his candidature — allowed — appeal — the Supreme Court opined that youth often commit indiscretions, which are

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-75273035067665762722011-04-12T12:56:00.000+05:302011-04-12T12:56:49.439+05:30

Hindu Succession Act, 1956 - The plea, of the appellants, that Rami Reddy's family from the second wife and the testator's family was a composite family and the properties were joint family properties of the plaintiffs and the defendants, has not been accepted by the trial court as well as High Court. We have no justifiable reason to take a different view on this aspect. Importantly, Rami Reddy

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-18874545182705211942011-03-19T20:49:00.000+05:302011-03-19T20:49:34.739+05:30

Indian Succession Act, 1925 - Sections 4, 6, 7, 8(2) and 278; Banking Regulation Act, 1949 - Sections 45ZA; Banking Companies (Nomination) Rules, 1985 - Rule 2(1)-The money lying deposited in the account of the original depositor should be distributed among the claimants in accordance with the Succession Act of the respective community and the nominee cannot claim any absolute right over it.

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-78552422220146715372011-01-29T22:42:00.001+05:302011-02-01T22:30:47.687+05:30

Code of Civil Procedure, 1908, O. 1 r. 8: Apart from being a representative suit, the suit was filed by an aggrieved person whose right to use public street of 10 feet width was prejudicially affected. Since affected person himself has filed a suit, therefore, the suit cannot be dismissed on the ground of alleged non-compliance of the provisions of Order I Rule 8 of the CPC.   Supreme Court of

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-62703656777042099132011-01-20T08:08:00.000+05:302011-01-20T08:08:03.596+05:30

Criminal Procedure Code, 1973 — sections 482, 205, 313 — power to examine the accused — Being aggrieved with the order granting a general exemption to the accused from personal appearance before the Trial Court, the complainant filed this appeal — the Supreme Court opined that the order of the Magistrate should be such which does not result in unnecessary harassment to the accused and at the same

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-18084474450054526332011-01-18T22:44:00.002+05:302011-09-18T23:53:40.677+05:30

Hindu Adoptions and Maintenance Act, 1956, S. 7 - Adoption by husband -An adoption is invalid if consent of the mother is not obtained by adoptive father. This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-63675143908174104002011-01-18T22:28:00.000+05:302011-01-18T22:28:31.653+05:30

Motor accident claim - Meaning of Third party - Any party,  which is not a contracting party to the policy of insurance will automatically be referred to and called as a third party because it is neither the first party (the insurer) nor the second party (the insured) (or vice versa, if one pleases). The use of the words third Party therefore, in Chapter XI of the Motor vehicles Act clearly

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-7605986145347303992011-01-11T08:08:00.000+05:302011-01-11T08:08:09.147+05:30

Income Tax Act, 1961 Section 115JB(2)— provisions for payment of the tax for certain companies — whether the amount transferred from the revaluation reserve and set off against the amount of depreciation debited to P & L Account can be excluded in terms of clause (i) of explanation to Section 115JB(2) read with the proviso — the A.O., while computing the book profit under Section 115JB of the Act

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-67102223045926690502011-01-11T08:00:00.001+05:302011-01-11T08:00:58.725+05:30

Criminal Procedure Code, 1973 - Bail - Grant of— bail granted to the respondent-dentist — under challenge — seven assailants came in a Maruti Van and assaulted Prof. T.J. Jacob and chopped off his right palm. The role attributed to the respondent is that he treated one of the injured assailants by suturing (stitching) his wound on the back after applying local anesthesia at a place 45 kms. away

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-91868526576133272010-10-11T08:01:00.000+05:302010-10-11T08:01:43.542+05:30

Constitution of India, 1950, Art. 141 – Principle of Obiter Dicta – Two Judge Bench cannot hold that the decision of a three Judge Bench rendered following the Constitution Bench judgments was per incuriam - Law laid down by the Supreme Court in a decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or coequal strength , bench of lesser Coram cannot

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-12481914711059698892010-10-10T22:53:00.000+05:302010-10-10T22:53:15.433+05:30

Motor Vehicles Act, 1988 Section 166 - Compensation -Whether multiplier specified in the Second Schedule should be taken for calculating compensation payable in a case falling under Section 166 - In Reshma Kumari's case, such question referred to a larger bench. Held, in view of few decisions of Apex Court that the Second Schedule has no application to the claim petition made under Section 166,

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-46859534093072269972010-10-10T22:41:00.000+05:302010-10-10T22:41:21.315+05:30

Service Laws – Promotion – Promotion to the post of Major General in the Army Aviation Corps – Denial for the post of senior most Brigadier on the ground that no appointment of Major General was authorized to Army Aviation Corps (Permanent Cadre) - Conjoint reading of the documents produced on record of the case by the parties makes it evident that the post of Major General had already been

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-49080200769015146662010-10-10T22:32:00.001+05:302010-10-10T22:41:50.722+05:30

Service Laws – Appointment - Appointment on the post of Instructor – Denial on the ground of Educational Qualification - Selection Board prescribed the qualifications for the post, Trade Certificate in Cutting & Tailoring while appellant posses Trade Certificate in Dress Making – Selection Board prescribed the qualifications for the post, bona fide proceeded on the basis that a Trade

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-84332882098465716472010-10-09T22:43:00.000+05:302010-10-09T22:43:58.477+05:30

Hindu Succession Act, 1956 — section 14(1) — Whether Smt. Sundrabai wife of Ramchandra Rao, who was given right to enjoy certain lands belonging to Shiddoji Rao (predecessor-in-interest of the appellants) in lieu of maintenance became full owner thereof in terms of Section 14(1) and the sale deeds executed by her were valid — the finding of the trial Court that by virtue of Section 14(1) of the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-2418649273493101372010-10-09T22:26:00.000+05:302010-10-09T22:26:05.159+05:30

Indian Penal Code, 1860 — sections 406, 420, 468, 120-B — commission of the offences under — the appellant executed a sale-deed in favour of respondent no.2 in respect of a plot of land which had already been the subject matter of a previous transfer — the trial court took cognizance of the alleged offences and issued process only against the Appellant. The said orders affirmed by the High Court

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-31227979869877537082010-10-09T22:07:00.001+05:302010-10-09T22:08:10.930+05:30

Guardian and Wards Act, 1890 — section 7 — application under — for appointing the appellant-maternal grand father as guardian of the minor child — the District Judge allowed the application filed by the appellant and appointed him as a Guardian of Vishwajeet till he attains the age of 12 years and further directed the newly appointed guardian to allow the respondent-father to meet the minor once

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-34688480963015472662010-10-09T21:56:00.000+05:302010-10-09T21:56:21.532+05:30

Jharkhand Civil Service Code — section 74(b)(ii) — compulsory retirement — The case of a Judicial Officer is considered by a Committee of Judges of the High Court duly constituted by Hon'ble the Chief Justice and then the report of the Committee is placed before the Full Court. A decision is taken by the Full Court after due deliberation on the matter. Therefore, there is hardly any chance to

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-22358399194874198522010-09-22T22:49:00.000+05:302010-09-22T22:49:45.401+05:30

Constitution of India, 1950 — Petitioner claims to have been working as a travel agent, without being a member of TAAI, and has been acting on behalf of various clients since 1997 for submitting applications for obtaining passports on their behalf. It is also the Petitioner’s case that he was issued with a Travel Agent Code number by the Passport Officer, Government of India, in the Ministry of

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-91500353341971643812010-09-22T22:39:00.000+05:302011-10-30T21:32:49.738+05:30

Delhi Rent Control Act — Interpretation of Section 14D - Eviction suit,  Respondent, a widow, purchasing a tenanted premises - Thereafter filing suit for eviction of Appellant-tenant for  Personal requirement - Petition dismissed by Additional Rent Controller - In revision, High Court set aside the order and directed the Additional Rent Controller to decide the matter on merits- Appeal — this

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-66597034166309256852010-09-08T23:27:00.000+05:302010-09-08T23:27:01.181+05:30

Code of Civil Procedure, 1908, Order 21 Rule 57 - Attachment -  An attachment, once made in execution of a decree, will continue till the completion of the sale, unless determined by any of the methods as by deemed withdrawal under Rule 55 Order 21 or by determination under Rule 57 Order 21 or by release of the property from attachment under Rule 58 Order 21 or by operation of law or by consent

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-75501261491106942672010-09-06T06:37:00.000+05:302010-09-06T06:37:28.298+05:30

Wakf Act, 1995 – Powers of State Govt. to constitute Tribunals - State Government is empowered to establish as many Tribunals as it may deem fit for the determination of any dispute, question or other matter relating to a wakf or wakf property under the Act and define the local limits of their jurisdiction - Mutawalli or other person interested in a wakf or any person aggrieved of an order made

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-36250449643908444032010-09-02T22:16:00.000+05:302010-09-02T22:16:58.875+05:30

Motor Vehicles Act, 1988 Section 163A and Section 5 - Loss of future earnings- Appellant, 30 years old, a painter by profession, sustained injuries in a road accident. The appellant has sustained a fracture of distal end of left radius with fracture of left ulnar styloid process and fracture distal end of right radius with mild diastasis and soft tissues swelling around wrist joint. The

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-12539488715900228962010-08-30T23:15:00.000+05:302010-08-30T23:15:23.986+05:30

Railways Act (24 of 1989) - S. 123(c),124-A — Untoward incident — Death of passenger due to accidental fall from train — Claim for compensation — The manner in which the accident is sought to be reconstructed by the Railway, the deceased was standing at the open door of the train compartment from where he fell down, is called by the railway itself as negligence. Now negligence of

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-56979907203091747382010-08-29T19:20:00.000+05:302010-08-29T19:20:30.367+05:30

Hindu Marriage Act, 1955, ss. 9 and 13-B -A divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do. Dissolution of marriage through panchayat as per custom prevailing in that area and in that community

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-18437249435416601052010-08-29T19:06:00.000+05:302010-08-29T19:06:51.811+05:30

Electricity Connection —Electricity arrears do not constitute a charge over the property. Therefore in general law, a transferee of a premises cannot be made liable for the dues of the previous owner/occupier Supreme Court of India CIVIL APPEAL NO. 6817 OF 2010 Hon'ble Judge(s):  R Raveendran, H Gokhale Date of Judgment: 20 August, 2010 Haryana State Electricity Board  Vs.M/s

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-24167759636913333062010-08-23T19:12:00.001+05:302010-08-23T19:15:42.373+05:30

Motor Vehicles Act, 1988, Section 140 - No fault compensation - The drunk driver and his four friends died while rashly driving to a temple without informing the car owner. The heirs and legal representatives of the deceased driver, Basavaraj filed a claim for compensation under the Workmen’s Compensation Act, 1923. The accidents tribunal denied any compensation. The Commissioner under the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-55892898768325375402010-08-23T18:58:00.001+05:302010-08-23T18:59:34.456+05:30

Motor Vehicles Act, 1988, Section140  - No fault compensation - Appellants claimed compensation against the owner of the truck and its insurer - Tribunal rejected the claim of compensation on the principle of fault and held that there was no lapse on the part of the driver of the truck nor was it due to any mechanical fault in the truck.The accident was caused due to the careless and negligent

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-57640642305067072352010-08-21T22:09:00.000+05:302010-08-21T22:09:45.390+05:30

Penal Code, 1860 Section 306 - Abetment to suicide : Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-40605585291501634352010-08-21T21:45:00.000+05:302010-08-21T21:45:41.730+05:30

SERVICE & LABOUR LAWS- Conviction for embezzlement of funds - Released on probation - However services terminated - Tribunal and High Court upheld dismissal - Whether benefit granted under 1958 Act, entitles delinquent employee to reinstatement in service. Held, as per 1949 Act Management to dismiss the services of an employee convicted for an offence involving moral turpitude. Conviction in a

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-56715419231670767842010-08-21T21:38:00.000+05:302010-08-21T21:38:00.232+05:30

Indian Penal Code, 1860 — sections 302/3- The version of prosecution witnesses is consistent and, despite gruelling and long cross-examination, no dent could be made by the defence on the testimony of the prosecution witnesses ..... we arrive at definite conclusion that Hakim Singh and his two sons Kamlesh and Virendra Singh armed with weapons went to the house of the deceased Bhagirath to

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-26044996793608352462010-08-21T20:57:00.000+05:302010-08-21T20:57:10.522+05:30

Civil Procedure Code, 1908 — Order XXII Rule 4 — application under — for substitution of the LRs of respondent no.4 — the Appellate Court refused to condone the delay in filing the application for substitution of Legal Representatives of the deceased respondent No.4 and concluded that there was a joint possession and co-ownership of the respondent/splaintiff and Smt. Parwatu/respondent no.4 and

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-33143786216808452962010-08-15T23:20:00.000+05:302010-08-15T23:20:44.281+05:30

Civil Procedure Code, 1908 Order XXXVII Rule 3, read with Section 151 - Application for leave to defend - Recovery suit filed on dishonour of petitioner's cheque - Application for leave to defend dismissed - Issuance of cheque not disputed by Petitioner - Plea that cheque given as security and not for presentation - Further that the date of the cheque was tampered with - No signs of interpolation

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-52811419021309437582010-08-15T23:09:00.000+05:302010-08-15T23:09:40.526+05:30

Central Excise Tariff Act, 1985 — section 2(f) — whether the tarpaulin made-ups which are prepared after cutting and stitching the tarpaulin fabric and fixing the eye-lets would involve the process of manufacture and, hence, would fall within the definition of `manufacture' ? — the Tribunal concluded that no `manufacture' was involved in the conversion of Tarpaulin made-ups — appeal — whether the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-38249450444307084152010-08-15T23:03:00.000+05:302010-08-15T23:03:24.055+05:30

Criminal Procedure Code, 1973 — section 406 — transfer petition under — seeking transfer of CBI case to a Court of competent jurisdiction at Jaipur — Prevention of Corruption Act, 1988 — section 13(1)(e) r/w section 13(2) — FIR registered for the offences under — for in possession of disproportionate assets — except convenience, the petitioners have not pressed into service any other ground for

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-12783226609223129912010-08-12T08:21:00.000+05:302010-08-12T08:21:09.619+05:30

Motor Vehicle Act, 1988 — Section 163-A — claim petition under — whether maintainable or not — the insured vehicle met with an accident resulting into the death of the driver/owner — the Insurance Co. raised a plea that the claim petition was not competent because the deceased was not a third party being the driver and owner of the vehicle and terms of the policy of the insurance, the Insurance

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-83247205591236357442010-08-10T07:45:00.000+05:302010-08-10T07:45:49.056+05:30

Negotiable Instruments Act, 1881 —Insecticides Act, 1968 — section 33 — offences by companies — the respondent was the Regional Technical Director handling the quality control in the company — the appellant contended that the respondent was the person responsible for the quality of the product which has not been found conformed to the prescribed ISI specification, thus, filed complaint before the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-40263717781434372862010-08-06T07:59:00.000+05:302010-08-06T07:59:25.677+05:30

Criminal Procedure Code, 1973 Section 156(3) and Sections 200 and 202 - Respondent awarded constructional work to the appellant - As per the terms, 50% of the value of the contract was paid in advance - However, respondent cancelled the work order and demanded refund of advance money - Respondent also filed a criminal complaint against appellant - Chief Judicial Magistrate allowed the application

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-19258656473481273452010-08-04T06:51:00.000+05:302010-08-04T06:51:59.608+05:30

Indian Penal Code, 1860 — sections 302/307 — punishment of murder and attempt to murder — conviction and sentence under — the relations between the two parties were extremely strained on account of the murder of appellant's uncle — the FIR was registered against the 4 accused/appellants for murdering deceased and causing injuries to PW-6 — pursuant to disclosure statements made by Pawan Kumar (

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-29873283563906529002010-08-04T06:48:00.000+05:302010-08-04T06:48:41.958+05:30

Madhya Pradesh Town Improvement Trust Act, 1960 — section 147 — appeal under — for fixation of market value of the land — the appellant's land was acquired for execution of the residential scheme framed by the respondent — the Division Bench of the High Court partly allowed the appeal and fixed the market value of the land at the rate of Rs.1.50 per square feet but ordered deduction of

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-8761431270831322392010-08-04T06:45:00.001+05:302010-08-04T06:46:06.307+05:30

Indian Penal Code, 1860 — sections 302/323 — punishment of murder and causing hurt — conviction and sentence under — PW-1 lodged an Ejahar stating that his father/appellant, came to their house at about midnight and attacked his mother and younger brother with a knife and inflicted severe injuries on them — the trial Court held that the prosecution had succeeded in proving its case beyond

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-38603279817029537862010-08-04T06:43:00.000+05:302010-08-04T06:43:00.152+05:30

Indian Penal Code, 1860 — Section 302 — punishment of murder — conviction and sentence under — according to the prosecution, the appellant confessed in the Panchayat that his mother (deceased) scolded him alleging that he wanders after consuming liquor which enraged him and he picked up a burning wooden plank and assaulted her which caused her death — relying on the extrajudicial confession and

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-76704847035769165832010-08-04T06:39:00.001+05:302010-08-04T06:43:18.557+05:30

Hindu Marriage Act, 1955 — Section 24 — interim maintenance — appeal for enhancement — the Family Court passed an ex-parte decree in favour of respondent/husband dissolving the marriage between the parties on the ground of cruelty — the wife preferred an appeal before the Bombay High Court challenging the ex-parte decree. However, the husband informed the High Court that he had re-married — since

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-39202696365867313502010-08-02T08:06:00.000+05:302010-08-02T08:06:12.475+05:30

Disability pension - Army service - Appellant medically fit at the time of joining service - While in service diagnosed with 'Unspecified Psychosis' - Neither he nor family had psychiatric history - 40% disability assessed - On Medical Board's recommendations invalided out from service - Claim for disability pension, rejected - Appeal Medical Board also reiterated Medical Board's opinion that the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-40798362402415362572010-08-02T07:57:00.000+05:302010-08-02T07:57:20.998+05:30

Section 482 - Exercise of power under. Held is an exception and not the rule. R.P. Kapur's case and Bajjoori Kanthaiah case referred. While exercising jurisdiction under Section 482 High Court ordinarily will not conduct an enquiry whether the evidence in question is reliable or not is the function of the trial court. Powers under Section 482 are wide and are to be exercised sparingly with

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-72307561255916028952010-07-16T07:24:00.000+05:302010-07-16T07:24:01.359+05:30

Indian Penal Code, 1860 — Sections 302/149, 147 and 148 — conviction and sentence under — all the accused persons including the appellants assaulted deceased with farsa, lathi etc. resulting to his death — P.W.6/Doctor as also in the post-mortem report, stated that the deceased had sustained sixteen ante-mortem injuries of various kinds and descriptions and the cause of death is haemorrhage and

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-4033578460265697392010-07-16T07:03:00.000+05:302010-07-16T07:03:09.837+05:30

Motor Vehicle Act, 1988 — Section 72(1) — interpretation of — curtailment of routes — the respondent made two applications to the State Transport Authority for grant of permanent stage carriage permit — the Authority offered permits for the routes by curtailing/excluding the last portion of the two applied routes from Barasat to Kolkata (26 kms.) — being aggrieved, the respondent filed writ

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-81437701535427073902010-07-16T06:59:00.000+05:302010-07-16T06:59:12.577+05:30

Indian Penal Code, 1860 — Section 302 — punishment of murder — conviction and sentence under — PWs 1 & 2 were born out of the relationship between the deceased and their mother who earlier was kept as a mistress by the deceased for about 25-26 years. By the time the incident had taken place, the deceased had legalized his relationship and married the lady thereby giving legal status to PWs 1 & 2

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-50725477519050892332010-07-10T23:54:00.000+05:302010-07-10T23:54:20.935+05:30

Hindu Marriage Act, 1956 — Section 13(1)(ia) — petition for dissolution of marriage — by the appellant/husband — on the grounds of cruelty — no child from the wedlock — on the basis of the ex parte evidence adduced by the appellant/husband, the trial court allowed the appellant's application and granted him the decree of divorce under section 13(1)(ia) of the Act. However, the High Court set

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-25865927179424650832010-06-26T00:32:00.003+05:302010-06-26T00:33:11.039+05:30

Limitation Act Section 5 - Delay - Condonation - Refusal on technical grounds - Compensation not deposited by appellant - Property attached - Despite notice none appeared - Property auctioned - Respondent No.5 highest bidder - Objections filed - Again no appearance at the time of recording evidence - Evidence closed on 29.5.93 - Objections dismissed - Sale confirmed on 5.6.93 - Appeal against

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-45952833840447258002010-06-26T00:30:00.000+05:302010-06-26T00:30:11.038+05:30

Indian Penal Code, 1860 Section 302/149 - Dying declaration - Circumstantial evidence - Deceased having illicit relationship with wife of accused - Rumours in village - Deceased allegedly killed by forceful administration of poison with liquor by appellants - No injuries found on his person to show resistance - Poison neither found in bottles nor in glass but on earth - Site plan and inquest

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-81687544803332049632010-06-26T00:08:00.000+05:302010-06-26T00:08:58.579+05:30

Selection list — for quashment of — the Commission issued an advertisement inviting applications for posts of Civil Judge, (Junior Division) with clarification that the reservation policy adopted by the State in favour of SC/ST/OBC and horizontal reservation in favour of handicapped, and women etc. belonging to Uttaranchal would be applicable — respondent No. 1 qualified in the written

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-31264247395774390602010-06-13T22:48:00.000+05:302010-06-13T22:48:20.934+05:30

Appointment - Applications were invited for posts of Junior Clerks - 15 vacancies were advertised with a clear stipulation that number of vacancies may increase - Respondents applied in pursuance of the said advertisement - Written examination was held in accordance with Rules - Before the selection process could complete, the number of vacancies were increased from 15 to 33 and as per the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-15209803767829598792010-06-13T22:46:00.000+05:302010-06-13T22:46:30.448+05:30

Land Acquisition Act, 1894 - U.P. Urban Planning and Development Act, 1973, s. 41 - Allotment of land - Lands owned and possessed by predecessor-in-interest of appellant and respondent were acquired under the provisions of the Land Acquisition Act, 1894 - Government of Uttar Pradesh framed Land Policy to the effect that where a big chunk of land belonging to one person is acquired for planned

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-58600057825190848622010-06-13T22:44:00.000+05:302010-06-13T22:44:23.763+05:30

Allotment of residential plot — the Administration issued the allotment letter in favour of the appellant within 48 hours of submission of application making it clear that as the proper calculation could not be made and tentative price had not been determined, the allottee has to deposit provisional price of Rs. 93000/-. Subsequently additional demand of Rs. 2,19,000/- was made, however, instead

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-72732184599227630132010-06-13T22:42:00.000+05:302010-06-13T22:42:50.575+05:30

Selection list — for quashment of — the Commission issued an advertisement inviting applications for posts of Civil Judge, (Junior Division) with clarification that the reservation policy adopted by the State in favour of SC/ST/OBC and horizontal reservation in favour of handicapped, and women etc. belonging to Uttaranchal would be applicable — respondent No. 1 qualified in the written

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-26187819647653794352010-06-13T22:40:00.000+05:302010-06-13T22:40:35.460+05:30

Civil Procedure Code, 1908 — Rule 1, Order XXVII and Section 79 — the appellants/defendant contended that the suit land being forest land had vested in the State of Andhra Pradesh according to which possession and enjoyment of land in dispute was shown to be in favour of the Forest Department. However, the learned trial Court decreed the suit in favour of respondent/plaintiff — appellate Courts

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-87601462029072785882010-06-02T22:22:00.000+05:302010-06-02T22:22:17.338+05:30

Rent Control - Eviction - Bona fide requirement - Appellant-tenant was inducted by the respondent-landlord in a shop for a non-residential purpose on a monthly rent - Respondent-landlord filed suit for eviction of the appellant on the grounds of nuisance and bone fide requirement for himself - Trial Court decreed the suit for eviction u/s. 12(1)(f) of the Act on the ground of bona fide need - On

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-17859982752975385682010-06-02T22:14:00.000+05:302010-06-02T22:14:46.147+05:30

Industrial Disputes Act, 1947 - Misconduct - Dismissal from service - Legality - Respondent (conductor) was dismissed from service as he was found guilty of mis-conduct as the passengers were found travelling without tickets and they had already paid fare to the respondent - Respondent raised an industrial dispute - Labour Court held that enquiry was held strictly in accordance with law and

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-9734125918703899962010-06-02T22:06:00.000+05:302010-06-02T22:06:16.762+05:30

Constitution of India, 1950, art. 14, 19(1)(g) and 19(6) - Indian Medicine Central Council Act, 1970 - Rajasthan Indian Medicine Act, 1953 - Right to practice in medical sciences - Writ petition was filed seeking a restrain order to those who obtained the degree/certificate of "Vaidya Visharad" or "Ayurved Ratna" from Hindi Sahitya Sammelan Prayag after 1967 to practice as Vaidyas and further to

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-14654878014540361762010-05-09T19:19:00.000+05:302010-05-09T19:19:25.145+05:30

Delhi Electric Reforms Act, 2000 — Delhi Electricity Reforms (Transfer Scheme) Rules, 2001 — Rules 3, 6, 8, 12 — unbundling of Delhi Vidyut Board (DVB) for handing over the distribution of electricity to private companies — bids were invited and the terms of the transfer were settled by mutual consent taking note of the Tripartite Agreements and the existing pensioners as well as the employees

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-24820646508484524642010-05-09T19:15:00.000+05:302010-05-09T19:15:23.262+05:30

Code of Criminal Procedure, 1973 — Section 406 — transfer petition under — Indian Penal Code, 1860 — Sections 302/400 — FIR registered under — the respondent has been accused of the kidnapping and murder of three government employees — having regard to the seriousness of the crime, the Government of Manipur transferred the investigation into the cases to the CBI — the CBI clearly conveyed the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-66432494837841629782010-05-09T19:10:00.000+05:302010-05-09T19:10:30.382+05:30

Constitution of India, 1950 — Article 166 — conduct of business of the Government of State — Indian Electricity Act, 1910 — Section 23 read with Section 51-A — Business Rules and Rules of Authentication — the State Government published the revised electricity tariff for the State as specified in the Schedule appended to the Notification. By another Notification the State Government for the first

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-49935368516619442172010-05-09T19:08:00.000+05:302010-05-09T19:08:15.998+05:30

Kerala Education Rules, 1959 — Rule 43, Note 2 — interpretation of — the appellant was appointed to the post of High School Assistant (H.S.A.) — since appellant was under medical rest, on account of her recent delivery, the management granted her extension for joining duties — respondent No.1, was already working as Lower Grade Hindi Teacher in the said school but had not passed the test and had

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-80865577703367966392010-05-09T19:04:00.000+05:302010-05-09T19:04:33.208+05:30

Disability pension — full pay commissioned service — respondent, an officer in the Indian Army was posted at a high altitude field area and met with an accident during discharge of his duties — respondent released from service — for respondent's disability pension, the period taken into account by the Army authorities was only from 22.6.1968 to 21.11.1970 — High Court directed the authorities to

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-51954642158628663752010-05-09T19:02:00.000+05:302010-05-09T19:02:34.127+05:30

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — C.A. 1 — respondent employed as a Telephone Operator — appellant terminated his service on the ground that he had become deaf (85% reduction in ability to hear) — respondent alleged that as he acquired the hearing impairment during the period of service, he should have been

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-17656016701718214102010-05-09T19:00:00.000+05:302010-05-09T19:00:38.356+05:30

Land Acquisition Act, 1894 — Section 23(1-A) — benefit of additional compensation — High Court awarded the land acquisition compensation @ Rs.39,300/- per bigha to the claimants and ordered that the appellants would not be entitled to the benefit under Section 23 (1-A) — appeal — this Court observed that the claimants be entitled to the compensation under Section 23 (1-A) read with Section 30 (1)

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-20225777695205622832010-05-09T18:57:00.000+05:302010-05-09T18:57:39.823+05:30

Court Fees Act, 1870 — Section 7(iv)(c) — computation of fees payable in suits for a declaratory decree and consequential benefits — appellant filed suit for a declaration that the sale deeds were void and not `binding on the co-parcenary', and for the consequential relief of joint possession and injunction and further paid Court fee under Section 7(iv)(c) — on the question of Court fee, the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-27967643693954696212010-05-09T18:55:00.000+05:302010-05-09T18:55:16.307+05:30

Re-transfer/continuity in service — respondents appointed in the appellant Company/TANMAG — appellant transferred the respondents to the Joint Venture Company (JVC) without any monetary loss and alteration of service conditions with seniority and other benefits — since JVC had not been able to take up any work on chemical beneficiation project, it was decided to close the JVC — respondents

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-41327510770601330772010-05-09T18:52:00.000+05:302010-05-09T18:52:37.538+05:30

Absorption in service — appellants were permanent employees of the Postal Department and appeared in the exam for the post of Junior Accounts Officer (JAO) — the appellants challenged the declaration of results of deputationists — Tribunal directed the BSNL to include the names of the appellants in the list of successful candidates as per their merit positions and consider their candidature for

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-20033458451579977682010-05-09T18:45:00.000+05:302010-05-09T18:45:23.828+05:30

Negotiable Instruments Act, 1881 — section 141 — the question as to who can be said to be persons "in-charge of, and was responsible to the company for the business of the company" referred to in section 141 of the Negotiable Instruments Act, 1881 arises for consideration in this appeal by special leave by a complainant — a Deputy General Manger is not a person who is responsible to the company

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-77334024915384553262010-05-09T18:23:00.001+05:302010-05-09T18:25:34.431+05:30

Suit for declaration of the property — appellant filed the suit alleging herself as the owner in possession of the disputed land and was fraudulently deprived of her properties by the respondents, thus, the decree in favour of them in respect of her lands as illegal — Appellate Court held that there was no fraud played and the consent decree was a good and a valid decree — second appeal before

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-1149313164317432932010-05-07T18:36:00.000+05:302010-05-07T18:36:12.948+05:30

(A) Negotiable Instruments Act, 1881 — Sections 138/147 — compounding of the offence — the parties were involved in commercial transactions — dispute arose on account of the dishonour of five cheques issued by the appellant — with regard to the impugned judgement delivered by the High Court, the appellant prayed for the setting aside of his conviction by relying on the consent terms that have

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-67873544067160088312010-04-20T23:00:00.001+05:302010-04-20T23:00:58.826+05:30

(A) Constitution of India, 1950 — Articles 85 and 87 — interpretation of — petitioner challenged the validity of the proceedings in the Lok Sakha commencing from 29th January, 2004 on the ground that the President has not addressed both Houses of Parliament as envisaged under Article 87 of the Constitution — evidence on record that the House was adjourned sine die on 23rd December, 2003 and the

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-63295472652520935552010-04-20T22:57:00.000+05:302010-04-20T22:57:49.216+05:30

Contract order by tender bids — the appellant invited bids for turn-key execution of the Tehri Pump Storage Plant — respondent Nos. 1 and 2 qualified the bids and submitted their price options as per the orders of this Court — the respondent no.1 submitted a representation against the exercise of scrutiny by the appellant and the objections were inquired by the Panel of Experts — the respondent

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-4711827336777422922010-04-20T22:54:00.001+05:302010-04-20T22:55:34.621+05:30

Consumer Protection Act, 1986 — Section 2(1)(g) — deficiency in service — non-release of loan amount — appellant Corporation sanctioned term loan of Rs.18,000/- for machinery and also Rs.1,26,000/- as the working capital limit for the respondent's business — due to the repeated failure on part of the respondent to submit the details of the material purchased and consumed, the appellant finally

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-42938423884464709112010-04-20T22:52:00.000+05:302010-04-20T22:52:09.209+05:30

West Bengal Sales Tax Act, 1994 and Rules 1995 — Section 68(3) read with Rule 211-A, sub-rule (6) — restriction on movement of goods — appellant appointed as Customs House Agent [CHA] to clear the consignment of goods imported from Hamburg — a copy of the Declaration in Form 44A, duly endorsed, forwarded to the appellant to be produced before the Sales Tax Authority posted at Haldia — subject

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-47035384233273137452010-04-20T22:49:00.000+05:302010-04-20T22:49:42.289+05:30

West Bengal Premises Tenancy Act, 1997 — Section 17, sub-section 4A read with Section 20 — fixation of fair rent — lease deed executed between the parties for 20 years — after the expiry of 20 years, the appellant issued a notice to the respondent intending to increase the rent of the said premises to Rs. 13,500/- per month but the tenant refused to accept the increase — appellants filed suit for

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-14754824097513619652010-04-20T22:41:00.000+05:302010-04-20T22:41:08.835+05:30

Motor Vehicle Act, 1988 — motor accident claim — respondent No. 2 being the driver of APSRTC bus, dashed the deceased scooter from behind resulting into the death of the deceased on the spot — the Tribunal accepted the testimony of PW-2 - pillion rider and found that the deceased died because of the rash and negligent act of the driver of the APSRTC bus, thus, awarded Rs. 4 lakhs as compensation

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-12450369750670438992010-04-20T22:37:00.000+05:302010-04-20T22:37:17.643+05:30

Bengal Finance (Sales Tax) Act, 1941 — Section 11E(2) — Issuance of show-cause notice — appellant filed necessary returns and paid the taxes — the Revenue completed the assessment proceedings — a show cause notice issued by the Deputy Commissioner whereby the appellant was directed to show cause why deemed assessment case for the period mentioned in the said impugned notices would not be

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-39804015887063463202010-04-20T22:35:00.000+05:302010-04-20T22:35:15.931+05:30

Industrial Disputes Act, 1947 — Section 33(C)(2) — application under — for computation of monetary benefits — respondent's service was terminated without enquiry and without assigning any reasons — Labour Court ordered reinstatement of the respondent in service and also awarded Rs. 5,16,032.01 towards back wages — appeal — this Court restricted the back-wages to 50% for the period of termination

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0tag:blogger.com,1999:blog-3916150140935425697.post-27285083167146042122010-04-20T22:32:00.000+05:302010-04-20T22:32:55.294+05:30

Registration Act, 1908 — Section 49 — admissibility of unregistered sale deed — parties entered into an oral agreement to sell the suit property — plaintiff paid entire sale consideration to the defendants but the sale deed executed in favour of the plaintiff by the defendant could not be registered in view of an order of attachment of the suit property. Thereafter, the defendants avoided to get

Rakesh Shekhawathttp://www.blogger.com/profile/17830031877729972398noreply@blogger.com0