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suit for partition of joint family properties = even suit items 1 and 2 though w
ere also purchased in the name of the first defendant yet they were joint family
properties and therefore, the plaintiffs were entitled to claim a share in all
the three items of the suit schedule properties.= The trial Court while granting
the relief in favour of the appellants, considered the oral evidence of P.W.1,
the mother and Ex.A-17 in particular. The High Court while reversing the judgmen
t of the Trial Court placed reliance upon the release deed executed by the first
respondent in the year 1959 viz., Ex.A-3 and partition deed of the year 1973, w
hich was entered into between the four plaintiffs in which document the first re
spondent affixed his signature. the release deed of the year 1959 viz. Ex.A-3 an
d the partition deed of the year 1973 viz., Ex.A-28, it was established that the
first and second items of the suit scheduled properties which were purchased in
the name of the first respondent were the exclusive properties of the first res
pondent and therefore, the appellants were not entitled for partition in those p
roperties. whether there was total misreading of evidence by the High Court by n
ot considering or referring to Ex.A-17 while interfering with the judgment of th
e Trial Court and whether legal principles of gift were established in regard to
the first item of the suit schedule property. ; Section 17 of the Evidence Act re
ads as under: S.17. Admission defined:- An admission is a statement, oral or docu
mentary or contained in electronic form, which suggests any inference as to any
fact in issue or relevant fact, and which is made by any of the persons, and und
er the circumstances, hereinafter mentioned. 24. As far as the principle to be ap
plied in Section 17 is concerned, the Section as it reads is an admission, which
constitutes a substantial piece of evidence, which can be relied upon for provi
ng the veracity of the facts, incorporated therein. When once, the admission as
noted in a statement either oral or documentary is found, then the whole onus wo
uld shift to the party who made such an admission and it will become an imperati
ve duty on such party to explain it. In the absence of any satisfactory explanat
ion, it will have to be presumed to be true. It is needless to state that an adm
ission in order to be complete and to have the value and effect referred to ther
ein, should be clear, certain and definite, without any ambiguity, vagueness or
confusion. - "admissible evidence irrespective of whether the party making them
appeared in the witness box or not and whether that party when appearing as witn
ess was confronted with those statements in case it made a statement contrary to
those admissions." - when we consider the contents of Ex.A-17, which is in Tami
l, is a letter written by the first respondent himself on 24.06.1974. The said l
etter was addressed to the third plaintiff Mr.Manickavasagam. The contents of th
e said letter read as under: The second plaintiff Saravanamurthi, came to my hous
e the day before yesterday at around 09.30 p.m. He stated that something should
be immediately arranged, as regards the house properties. He also asked what is
the justification in all the three house properties in my name. I told him that
you can be called and some arrangement can be made. I am not able to explain eve
rything in this letter. He was in a very rash mood and was behaving in an unruly
manner. At one stage, I was driven to the position that he can do whatever he l

ikes. At 10.00 clocks in the night, I told him what arrangement could be made. B
ut he was not in a sane mood. However much I told him that it was not my fault i
n purchasing all the three properties in my name and that I am not keen to have
all the three properties. I was terribly upset by his behavior. At one stage, I
asked him to get out. While going out, he expressed that the relationship cannot
be continued thereafter. About this you need not inform mother or murthi himsel
f. While examining the contents of the said letter, the Trial Court concluded tha
t the three house properties, referred to therein, only related to the suit sche
duled properties. Going by the statements made by the first respondent himself i
n the said letter Ex.A-17, it was explicit and apparent that the first responden
t was fully aware that even though the properties were in his name, he was not r
esponsible for purchasing the same in his name and that he was not interested in
having all the three properties for himself.; The ingredients of Section 122 of
the Transfer of Property Act relating to gifts were not shown to have been comp
lied with in order to support the said claim. In fact, while considering the rel
evance of Ex.A-17 and its application to the case on hand, the Trial Court noted
the contradictory statement of the first respondent made in his written stateme
nt, vis--vis the oral evidence. The Trial Court has specifically noted the funds,
which were available with the first respondent pursuant to his father s demise, w
hich was to the tune of Rs.20,887.93/- and which was kept in deposit in two acco
unts in the name of the first respondent himself. One account was under Ex.A-25,
which was a current account in which a sum of Rs.10,919.44/- was available and
the other one was under Ex.A.26, which was a savings bank account, where a sum o
f Rs.9,968.49/- was available. Both put together a sum of Rs.20,887.93/- was ava
ilable and therefore, even after the purchase of the third item of the suit sche
dule property, the first respondent had a further sum available with him. The tr
ial Court has also noted that except the ipse dixit of D.W.2 and 3 that a sum of
Rs.10,000/- was paid to the first respondent by way of gift at the time of marr
iage of the first respondent with his daughter, there was no other evidence to s
upport and provide credence to the said version. Unfortunately, the Division Ben
ch of the High Court completely omitted to examine the above material piece of e
vidence, which was considered in detail by the trial Court, while decreeing the
suit. In the light of our above conclusions, the judgment of the Division Bench
cannot be sustained. The appeal stands allowed and the judgment of the Division
Bench is set aside and the judgment and decree of the Trial Court shall stand re
stored.
published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40476
Page 1
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1241 OF 2005
Vathsala Manickavasagam & Ors. .
Appellants
VERSUS
N. Ganesan & Anr. . Respondents
J U D G M E N T
Fakkir Mohamed Ibrahim Kalifulla, J.
1. This appeal is directed against the Division Bench judgment of
the Madras High Court dated 19.06.2003, in A.S.No.367 of 1985.
2. Originally the suit for partition was filed by one late
Mrs.Nagarathnam, along with her two sons late Manickavasagam
and Saravanamurthi as well as her daughter Sethulakshmi as
plaintiffs 3, 2 and 4.
The present first appellant is the wife of the
late Manickavasagam, the third plaintiff, along with her sons, the
second appellant and the third appellant. The fourth appellant is
the second plaintiff and the fifth appellant is the fourth plaintiff.
The first defendant who is the first respondent herein is also the
son of the first plaintiff. The second respondent was the second

Civil Appeal No.1241 of 2005 1 of 24Page 2


defendant in the suit, who purchased the property from one
Barnabass Nadar, to whom the first defendant earlier sold the
suit property on 11.11.1978.
3. The suit was for partition. The plaintiffs claim 4/5th shares in
respect of three items of the suit properties, which was decreed
by the Trial Court, as against which, the first respondent/first
defendant, filed the first appeal before the High Court. The High
Court by the impugned judgment, modified the judgment and
decree of the Trial Court and held that the decree with reference
to item Nos.1 and 2 of the suit properties, cannot be sustained
and that the decree of the Trial Court for partition, was confirmed
only in respect of the third item of the suit property and that the
preliminary decree for partition in respect of the third item of the
suit property was alone granted.
It is against the said judgment
and decree of the Division Bench of the High Court, the
appellants have come forward with this appeal.
4. The simple case of the plaintiffs in the suit was that the
plaintiffs and the first defendant, are the descendants of the late
Nithyanandam, who died intestate on 22.09.1956.
They filed the
suit for partition for their 4/5th shares in respect of items 1 to 3.
The first item of the suit property was sold by the first defendant
to one Barnabass Nadar, on 11.11.1978, who in turn sold the
Civil Appeal No.1241 of 2005 2 of 24Page 3
property to the second defendant/second respondent.
It was the
common case that the deceased Nithyanandam had no ancestral
property and that his wife, sons and daughter have got equal
share in the property.
Therefore, as regards the eligibility and
extent of share, there was no dispute.
According to the first
defendant/first respondent herein, out of the three items of the
suit properties, the first and second items of properties were the
exclusive properties of the first defendant and therefore, others
were not entitled for any share in it.
5. So far as the first item of the property was concerned,
according to the first defendant, the said property was gifted to
him by his father and that the second item of the property was
purchased by him by selling the jewels of his wife, as well as from
the money advanced by his father-in-law to him.
6. The trial Court framed as many as 8 issues for consideration.
Issue Nos.1 to 3 related to the stand of the first respondent
herein that the first item of the suit property was gifted in his
favour by his father and that the second item of the property was
purchased from the proceeds of the jewels belonging to his wife,
as well as, from the money advanced by his father-in-law. The
third issue related to the question as to whether items 1 to 3 of
the suit schedule properties, were the joint family properties, as
Civil Appeal No.1241 of 2005 3 of 24Page 4
claimed by the plaintiffs. The question relating to limitation, with
regard to the claim of items 1 and 2 of the suit properties, was
the 4th issue. The 5th issue related to the question whether,
proper Court Fee was mentioned in the plaint. The sixth issue
related to the entitlement of equity claimed by the second
defendant/second respondent herein, as regards the first item of
the suit schedule property. The last two issues related to the
entitlement of the plaintiff for partition and the relief to be

granted.
7. The first item of the suit property is a house property, in a site
measuring 10,000/- sq.ft. in T.S.No.2951/3, at Arulananda Nagar,
Thanjavur. The said house site was allotted by a Housing Society
called Little Flower Colony House Building Co-operative Society,
and the same was purchased by late Nithyanandam, in the name
of his eldest son viz., the first defendant/first respondent herein.
8. The second item of the suit property is also a house site
bearing Door No.17/35, purchased in the name of the first
defendant on 21.10.1964, from one Visalakshmi Ammal, which is
located in Rajappa Nagar, Thanjavur.
The third item of the suit
property is also a house and since there is no dispute about the
Civil Appeal No.1241 of 2005 4 of 24Page 5
status of the property as a joint family property, we need not deal
with the same in detail.
9. The trial Court while answering the issues, considered the
evidence both oral and documentary and reached a conclusion
that
even suit items 1 and 2 though were also purchased in the
name of the first defendant yet they were joint family properties
and therefore, the plaintiffs were entitled to claim a share in all
the three items of the suit schedule properties.
10. Having heard the learned counsel for the appellants, as well
as the respondents and having bestowed our serious
consideration to the judgments of the Division Bench of the High
Court, as well as that of the Trial Court and other material papers
placed before us, we feel that the controversy, which centers
around this appeal will have to be briefly stated to appreciate the
respective contentions of the parties.
11. The appellants and the first respondent are the descendants
of late Nithyanandham, who died intestate on 22.09.1956. His
wife, the first plaintiff, along with her deceased son
Manickavasagam, 4th and 5th appellants, filed a suit for partition,
as against the first respondent herein. During the pendency of
Civil Appeal No.1241 of 2005 5 of 24Page 6
the litigation before the High Court, the first plaintiff viz., the wife
of the late Nithyanandham, as well as one of her sons, the third
plaintiff Manickavasagam also died. The wife and the children of
late Manickavasagam viz., appellants 1 to 3, therefore, came to
be impleaded along with appellants 4 and 5.
12. The suit was for partition in respect of three items of
properties. As far as the third item of the property is concerned,
the first respondent tacitly admitted the same to be a joint family
property and conceded for partition of 4/5th share of the
plaintiffs.
As far as the first item of the suit schedule property is
concerned, according to him, though funds were provided by the
late Nithyanandham for purchasing the same from a Co-operative Housing Society v
iz., Little Flower Colony House Building Cooperative Society,
it was gifted to him by his father and therefore,
it was purchased in his name.
The first respondent, therefore,
claimed that the suit property was his absolute property.
13. As far as the second item of the property is concerned, the
first respondent claims that the suit property was purchased from
out of the funds provided by his Father-in-law at the time of his
marriage, which he kept in a Fixed Deposit in a Co-operative
Bank, which got matured in 1964 and that the balance amount
Civil Appeal No.1241 of 2005 6 of 24

was paid by disposing of his wife s jewels.


The first respondent
therefore, claimed that the suit property was also his own
property and, therefore, the appellants were not entitled for any
share in the 1st and 2nd items of suit properties.
14. As already stated, the trial Court rejected the stand of the
first respondent and held that the appellants were entitled for
partition in respect of all the three properties, as they were joint
family properties. The High Court however, held that except the
suit third item of the property, the first and second items of
properties were exclusive properties of the first respondent
herein and therefore, the preliminary decree was restricted to the
third item of property and in other respects the judgment of the
trial Court was set aside.
15. The trial Court while granting the relief in favour of the
appellants, considered the oral evidence of P.W.1, the mother
and Ex.A-17 in particular.
The High Court while reversing the
judgment of the Trial Court placed reliance upon the release deed
executed by the first respondent in the year 1959 viz., Ex.A-3 and
partition deed of the year 1973, which was entered into between
the four plaintiffs in which document the first respondent affixed
his signature.
The High Court took the view that having regard to
Civil Appeal No.1241 of 2005 7 of 24Page 8
the release deed of the year 1959 viz. Ex.A-3 and the partition
deed of the year 1973 viz., Ex.A-28, it was established that the
first and second items of the suit scheduled properties which
were purchased in the name of the first respondent were the
exclusive properties of the first respondent and therefore, the
appellants were not entitled for partition in those properties.
16. In light of the above factors, the question of law that arise for
consideration in this appeal is as to
whether there was total
misreading of evidence by the High Court by not considering or
referring to Ex.A-17 while interfering with the judgment of the
Trial Court and
whether legal principles of gift were established in
regard to the first item of the suit schedule property.
17. Mr.S.Nanda Kumar, learned counsel for the appellants
vehemently contended that at the time when the first item of the
suit scheduled property was purchased, the first respondent was
only a student, that the evidence of the mother P.W.1, discloses
that the property was purchased in his name after due
deliberations by the husband and wife and in order to avoid any
violation of service conditions of the late Nithyanandham, who
was then working as a Joint Registrar of Co-operative Society.
The learned counsel contended that the Trial Court considered
Civil Appeal No.1241 of 2005 8 of 24Page 9
the documents relating to the said properties as per Ex.No.A-10
produced by the plaintiffs, which persuaded the Trial Court to
hold that the first item of the suit scheduled property was
purchased by the late Nithyanandham in the name of his son only
to avoid any violation of the rules relating to his service
conditions and that the first respondent failed to show that it was
gifted to him by his father as claimed by him.
The learned
counsel contended that none of the ingredients relating to gift
was neither pleaded nor proved by the first respondent.
18. As far as the second items of the suit scheduled property is

concerned, the learned counsel contended that in the first place,


the trial Court had specifically found that the terminal benefits,
which were settled pursuant to the demise of late
Nithyanandham, were sufficient enough for the purchase of the
second item of the suit scheduled property, as well as, the third
item of the suit scheduled property and that the claim of the first
respondent that the same was purchased from the funds
provided by his father-in-law and from the sale proceeds of the
jewels of his wife, were not conclusively proved.
19. The learned counsel pointed out that while the first
respondent in his submission claimed that for purchasing the
Civil Appeal No.1241 of 2005 9 of 24
second item of the suit schedule property, he utilized a sum of
Rs.10,000/- advanced by his father-in-law at the time of his
marriage and for the balance, he utilized the sale proceeds of his
wife s jewels, in the oral evidence let in on his side was to the
effect that the balance sale consideration was paid by his fatherin-law and his
brother-in-law in several installments, which was
contradictory to his earlier stand in the written statement.
20. The learned counsel further contended that having regard to
his prevaricating stand, one in the written statement and the
other in the oral evidence, the trial Court rightly rejected the
claim of the first respondent and chose to decree the suit. He
further pointed out that de hors the above glaring contradiction in
the written statement and the oral evidence let in by the first
respondent, there was a tacit admission in Ex.A-17, which was
relied upon by the Trial Court to conclude that all the three
properties of the suit schedule were the joint family properties in
which the plaintiffs and the first respondent were entitled for
equal share. The learned counsel further contended that the
High Court miserably failed to examine the above relevant
material piece of evidence namely Ex.A17, while reversing the
judgment of the trial Court.
Civil Appeal No.1241 of 2005 10 of
24
21. As against the above submissions, Mr.A.T.M.Sampath,
learned counsel appearing for the respondents contended that
the Division Bench of the High Court was well justified in relying
upon Exs.A-3 and A-28 apart from Ex B-11 viz. the sale deed
which stood in the name of the first respondent, to hold that
items 1 and 2 of the suit scheduled properties exclusively
belonged to the first respondent. The learned counsel pointed
out that if really items 1 and 2 of the suit scheduled properties
were also part of the joint family properties, it was not known as
to why they were not part of the release deed executed by the
first respondent under Ex.A-3 and also part of Ex.A-28 the
partition deed, as between the four plaintiffs, in which document,
the first respondent also affixed his signature.
22. The learned counsel further contended that the parties were
well aware by 1959, as well as by 1973 that items 1 and 2 of the
suit schedule properties, were the exclusive properties of the first
respondent and, therefore, the parties never intended to include
those two properties, either for the purpose of the release to be
executed by the first respondent nor for the purpose of partition,
as between the plaintiffs and the first respondent in the year
1973.
Civil Appeal No.1241 of 2005 11 of
24Page 12
23. Having heard the learned counsel for the respective parties,
we are of the considered opinion that at the forefront, it will be

necessary to consider the effect of Ex.A-17, in as much as, the


said document is fully controlled by Section 17 of the Evidence
Act.
Section 17 of the Evidence Act reads as under:
S.17. Admission defined:- An admission is a
statement, oral or documentary or contained in
electronic form, which suggests any inference as to
any fact in issue or relevant fact, and which is made
by any of the persons, and under the circumstances,
hereinafter mentioned.
24. As far as the principle to be applied in Section 17 is
concerned, the Section as it reads is an admission, which
constitutes a substantial piece of evidence, which can be relied
upon for proving the veracity of the facts, incorporated therein.
When once, the admission as noted in a statement either oral or
documentary is found, then the whole onus would shift to the
party who made such an admission and it will become an
imperative duty on such party to explain it. In the absence of any
satisfactory explanation, it will have to be presumed to be true.
It is needless to state that an admission in order to be complete
and to have the value and effect referred to therein, should be
Civil Appeal No.1241 of 2005 12 of
24Page 13
clear, certain and definite, without any ambiguity, vagueness or
confusion.
In this context, it will be worthwhile to refer to a
decision of this Court in Union of India Vs. Moksh Builders
and Financiers Ltd. and others - AIR 1977 SC 409 wherein it
is held as under:
It has been held by this Court in Bharat Singh
v. Bhagirath [1966] 1 SCR 606 = AIR 1966 SC 405 that
an admission is substantive evidence of the fact
admitted, and that admissions duly proved are
"admissible evidence irrespective of whether the party
making them appeared in the witness box or not and
whether that party when appearing as witness was
confronted with those statements in case it made a
statement contrary to those admissions."
In taking this
view this Court has noticed the decision in Ajodhya
Prasad Bhargava v. Bhawani Shanker - AIR 1957 All 1
(FB) also.
25. Keeping the said statutory provision in mind,
when we
consider the contents of Ex.A-17, which is in Tamil, is a letter
written by the first respondent himself on 24.06.1974. The said
letter was addressed to the third plaintiff Mr.Manickavasagam.
The contents of the said letter read as under:
The second plaintiff Saravanamurthi, came to my house
the day before yesterday at around 09.30 p.m. He
stated that something should be immediately arranged,
Civil Appeal No.1241 of 2005 13 of
24Page 14
as regards the house properties. He also asked what is
the justification in all the three house properties in my
name. I told him that you can be called and some
arrangement can be made. I am not able to explain
everything in this letter. He was in a very rash mood
and was behaving in an unruly manner. At one stage, I
was driven to the position that he can do whatever he

likes. At 10.00 clocks in the night, I told him what


arrangement could be made. But he was not in a sane
mood. However much I told him that it was not my fault
in purchasing all the three properties in my name and
that I am not keen to have all the three properties. I was
terribly upset by his behavior. At one stage, I asked him
to get out. While going out, he expressed that the
relationship cannot be continued thereafter. About this
you need not inform mother or murthi himself.
26. While examining the contents of the said letter, the Trial
Court concluded that the three house properties, referred to
therein, only related to the suit scheduled properties. Going by
the statements made by the first respondent himself in the said
letter Ex.A-17, it was explicit and apparent that the first
respondent was fully aware that even though the properties were
in his name, he was not responsible for purchasing the same in
his name and that he was not interested in having all the three
properties for himself.
Civil Appeal No.1241 of 2005 14 of
24Page 15
27. When we examine the said document, we find that the
conclusions arrived at by the trial Court based on the contents of
Ex.A-17, cannot be found fault with. In fact, Ex.A-17, came into
existence only on 24.06.1974. It is not as if the first respondent
disowned the said document. The contents of the said document
were also not disputed by the first respondent. It is not the case
of the first respondent that the three houses referred to in the
said document, related to any other properties other than the
suit-scheduled properties. It is also not his case that the name
and persons mentioned therein, related to somebody else other
than his own brother, the second plaintiff and his mother. The
first respondent had also not lead any evidence to disprove Ex.A17.
28. Keeping the above factors in mind, when we apply Section 17
of the Evidence Act, we find that Ex.A-17 is a statement and the
details contained therein, which pertains to the suit scheduled
properties, constituted a tacit admission at the instance of the
first respondent. If after Ex.A-3, release deed of 1959 and the
partition deed, Ex.A-28 of 1973, in 1974, the first respondent on
his own, came forward with the said letter to the third plaintiff
admitting in so many words as to the status of the suit scheduled
properties, vis--vis the concerned parties themselves, we fail to
Civil Appeal No.1241 of 2005 15 of
24Page 16
understand as to what wrong was committed by the Trial Court in
placing reliance upon the same to decree the suit. If in reality,
the first respondent had his own reservations as to the ownership
of the suit scheduled properties, in particular items 1 and 2, no
one prevented him from stating so in uncontroverted terms, while
communicating the same in the form of writing, to one of his own
brothers. In fact, the grievance of the second plaintiff
Saravanamurthi, was that since the properties were purchased in
the name of the first respondent and he being the eldest son of
the family, was having an upper hand over all the others and was
trying to snatch away the properties. The tone and tenor of the
letter viz., Ex.A-17, authored by the first respondent, discloses
that he too was not very keen to grab all the three properties,
simply because those properties were purchased in his name. He
went to the extent of stating that he was not responsible for
purchasing all the three house properties in his name. He went

one step further and stated that he did not want to possess all
the three properties all time to come. If, such a clear-cut mindset
was expressed by the first respondent though Ex.A-17, it was
futile on his part to have come forward with any other story after
the suit came to be filed by the plaintiffs.
Civil Appeal No.1241 of 2005 16 of
24Page 17
29. As rightly pointed out by the learned counsel for the
appellants, the stand of the first respondent in his statement as
regards the second item of the suit schedule property, was that
the sale consideration of Rs.18,200/- was paid partly from a sum
of Rs.10,000/-, paid to him by his father-in-law and the remaining
sum by disposing of his wife s jewels. The Trial Court has noted
that in support of the said stand, no piece of evidence was lead
before it. On the other hand, giving a go-by to the said stand
that the balance sale consideration was met by disposing of his
wife s jewels, evidence was lead to show as though the remaining
sale consideration was paid by his father-in-law and brother-inlaw in installmen
ts. The above stand contained in the written
statement and lead by way of oral evidence, were fully
contradictory and, therefore, the one belied the other.
30. The specific case of the first respondent, as regards the
first item of the suit property was that his father gifted the said
property to him. Except for the said plea ipse dixit, there was
nothing on record to support the said stand. Reliance was
placed upon Exs.B1 to B6, which were the communications
between Nithyanandam and Little Flower Colony House
Building Society Ltd., Thanjavur in the year 1955-56. Ex.B4,
was a letter by the said Society dated 24.02.1955, which
Civil Appeal No.1241 of 2005 17 of
24
informed Nithyanandam about the allotment of plot in his
favour and also asking him to deposit the sale value of
Rs.300/- and a sum of Rs.150 for reclamation and charges for
transfer of land in his favour. On the same day, under Ex.B5,
he wrote a letter expressing his acceptance. Under Ex.B6, he
deposited a sum of Rs.150/- towards charges for transfer of
the land in his favour.
31. P.W.1, the wife of Nithyanandam, the first plaintiff,
deposed that both of them discussed together and ultimately
decided to purchase the first item of the suit property in the
name of the first respondent. Through her, Exs.A1 and A2
were produced to show that the house tax were paid in the
year 1971-72, 1972-73 and 1973-74 by the family members, in
respect of the said property though it stood in the name of the
first respondent.
32. It has also come in evidence that at that point of time, the
first respondent was undergoing his graduation. There was no
gift deed by the late Nithyanandam in favour of the first
respondent. Till the lifetime of Nithyanandam, no evidence
was placed before the Court to demonstrate that
Nithyanandam gifted away the said property in favour of the
Civil Appeal No.1241 of 2005 18 of
24Page 19
first respondent, absolutely and that the first respondent
expressed his acceptance of the said gift.
33. Keeping the above facts in mind, when we examine the
law relating to gift, under Section 122 of the Transfer of
Property Act, a gift is defined as transfer of certain existing
movable or immovable property made voluntarily and without

consideration, by one person, called the donor, to another,


called the donee, and accepted by or on behalf of the donee .
The section also mandates that such acceptance must be
made during the lifetime of the donor and while he is still
capable of giving. If the donee dies before acceptance, the
gift is void.
34. We are not concerned with the last part of the section.
Going by the facts placed before the Court as stated earlier,
except the ipse dixit statement made in the written statement,
that late Nithyanandam gifted away the first item of the suit
property in his favour, there was no other evidence lead in
support of the said claim of gift.
35. In fact, at that time, when the property was purchased, the
first respondent was a college going student. Merely because
Civil Appeal No.1241 of 2005 19 of
24Page 20
the property was purchased in the name of the first
respondent, it cannot be held that there was a valid gift in his
favour, without any other evidence supporting the said claim.
36. Per contra, his own mother P.W.1, made it clear that since
her husband Nithyanandam, was in the service of the State
and was aware that a purchase of property would result in a
direct violation of the rules relating to his service, the husband
and wife viz., the father and mother of the first respondent,
discussed about it and after great deliberation, decided to
purchase it in the name of the first respondent. If the property
as contested by the first respondent had been gifted away to
him in the year 1955, then it was not known, as to why he was
not able to produce any other document connected with the
property, such as tax receipts or other revenue records to
show that he was enjoying the property absolutely, without
any hindrance from the other heirs of late Nithyanandam.
37. Per contra, Exs.A1 and A2, tax receipts, were produced by
the plaintiffs to show that the property was managed and
maintained by the family and not by the first respondent. That
apart, under Ex.A17, the first respondent himself admitted that
purchase of the said property, along with the other two
Civil Appeal No.1241 of 2005 20 of
properties in his name, was not his fault. In the said document,
he also made it abundantly clear that he was not interested in
retaining the property, simply because the property stood in
his name. Therefore, the claim of gift relating to the first item
of the suit property was not proved to the satisfaction of the
Court, both on law as well as on facts.
38. Having regard to such a prevaricating stand taken by the first
respondent, as compared to his tacit admission made in Ex.A-17,
we are of the considered view that the Trial Court was fully
justified in holding that all the three items of the suit scheduled
properties, were joint family properties, in which the plaintiffs and the first
respondent were entitled for equal share.
39. Having regard to our above conclusions, when we examine
the judgment of the Division Bench impugned in this appeal, we
find that the Division Bench has completely omitted to examine
the implications of Ex.A-17 which has relevance in respect of all
the three suit schedule properties. As noted by the Trial Court,
Ex.A-17 was a very crucial piece of evidence, in as much as, it
contains the tacit admission voluntarily made by the first
respondent, while also establishing as to why the veracity of it s
nature was never questioned by him. Since, there was no contra
Civil Appeal No.1241 of 2005 21 of

24Page 22
evidence to disprove Ex.A-17, the first respondent was totally
bound by the said document. Since every ingredient of Section 17
of the Evidence Act, relating to the said document, Ex.A-17 was
fully complied with, the non-consideration of the same by the
Division Bench of the High Court, in our considered opinion,
would certainly amount to total misreading of the evidence, while
interfering with the judgment of the trial Court. Similarly, the
Division Bench miserably failed to examine the issue relating to
gift as regards the first item of the suit scheduled properties.
Though, such a claim was made by the first respondent, there
was no iota of evidence to support the said claim.
The
ingredients of Section 122 of the Transfer of Property Act relating
to gifts were not shown to have been complied with in order to
support the said claim.
40. In fact, while considering the relevance of Ex.A-17 and its
application to the case on hand, the Trial Court noted the
contradictory statement of the first respondent made in his
written statement, vis--vis the oral evidence. The Trial Court
has specifically noted the funds, which were available with the
first respondent pursuant to his father s demise, which was to the
tune of Rs.20,887.93/- and which was kept in deposit in two
accounts in the name of the first respondent himself. One
Civil Appeal No.1241 of 2005 22 of
24Page 23
account was under Ex.A-25, which was a current account in which
a sum of Rs.10,919.44/- was available and the other one was
under Ex.A.26, which was a savings bank account, where a sum
of Rs.9,968.49/- was available. Both put together a sum of
Rs.20,887.93/- was available and therefore, even after the
purchase of the third item of the suit schedule property, the first
respondent had a further sum available with him. The trial Court
has also noted that except the ipse dixit of D.W.2 and 3 that a
sum of Rs.10,000/- was paid to the first respondent by way of gift
at the time of marriage of the first respondent with his daughter,
there was no other evidence to support and provide credence to
the said version. Unfortunately, the Division Bench of the High
Court completely omitted to examine the above material piece of
evidence, which was considered in detail by the trial Court, while
decreeing the suit.
41. In the light of our above conclusions, the judgment of the
Division Bench cannot be sustained. The appeal stands allowed
and the judgment of the Division Bench is set aside and the
judgment and decree of the Trial Court shall stand restored.
.
.
..J.
[Dr. B.S. Chauhan]
Civil Appeal No.1241 of 2005 23 of
24Page 24
... . .
J.
[Fakkir Mohamed Ibrahim
Kalifulla]
New Delhi;
July 02, 2013.
Civil Appeal No.1241 of 2005 24 of
Posted by advocatemmmohan Mandagaddi murali mohan at Monday, July 15, 2013
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POPULAR POSTS
whether a civil court has jurisdiction to entertain a suit when the schedule lan
ds were acquired under the land acquisition proceedings and whether the High Cou
rt was justified in remanding the matter to the trial Court without examining th
e question with regard to the maintainability of the suit? = Section 9 of the Co
de of Civil Procedure, 1908 provides jurisdiction to try all suits of civil natu
re excepting those that are expressly or impliedly barred which reads as under: 9
. Courts to try all civil suits unless barred.- The Courts shall (subject to the
provisions herein contained) have jurisdiction to try all suits of a civil natu
re excepting suits of which their cognizance is either expressly or impliedly ba
rred. - It is clear that the Land Acquisition Act is a complete Code in itself and
is meant to serve public purpose. By necessary implication, the power of civil
Court to take cognizance of the case under Section 9 of CPC stands excluded and
a Civil Court has no jurisdiction to go into the question of the validity or leg
ality of the notification under Section 4, declaration under Section 6 and subse
quent proceedings except by the High court in a proceeding under 1Page 14 Articl
e 226 of the Constitution. It is thus clear that the civil Court is devoid of ju

risdiction to give declaration or even bare injunction being granted on the inva
lidity of the procedure contemplated under the Act. The only right available for
the aggrieved person is to approach the High Court under Article 226 and this C
ourt under Article 136 with self imposed restrictions on their exercise of extra
ordinary power.
Page 1 REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTI
ON CIVIL APPEAL NO. 1051 OF 2013 (Arising out of S...
INTELLECTUAL PROPERTY APPELLATE BOARD=This is an appeal under section 91 of the
Trade Marks Act, 1999 (hereinafter referred to as the Act) directed against the
order dated 1.5.2006 passed by the Senior Examiner of Trade Marks whereby the ap
plication for registration of Trade Mark OFLEX has been refused.=After having peru
sed the documents, we are in agreement with the observation made by the Senior E
xaminer of Trade Marks that the opponents and applicant both have filed half hea
rted evidences not bothering seriously, the concern. But certainly the onus is m
ore upon applicants to show that they have right of registration and hence appli
cants stand to loose if evidence of applicant does not over weigh against eviden
ce of opponents, the registered owner of conflicting mark. The appellant has fai
led to establish it use of the mark since 4.1.2000. The appellant has on the bas
is of available documents on our record has proved the user only since 9.4.2002.
We, therefore, see no reason to interfere with the conclusion arrived at by the
Senior Examiner of Trade Marks.
Mr. Vikash Rajgarhia v. Aristo Pharmaceuticals Limited - OA/51/2006/TM/AMD [2008
] INIPAB 2 (19 March 2008) INTELLECTUAL PROPERTY APPELLATE ...
the Entrance Examination for Post-Graduate (Medical) Selection 2012, Odisha are
challenging the validity of Clause 11.2 of the Prospectus for selection of candi
dates for Post- Graduate (Medical) Courses in the Government Medical Colleges of
Odisha for the Academic Year, 2012, as violative of Article 14 of the Constitut
ion of India. -they are undergoing studies from May 2012 onwards and, at this di
stance of time, if they are displaced, that will cause serious injustice to them
since they have already left the government service/public sector undertakings
for joining the post graduate course. In view of the stand taken by the Medical
Council -of India that seats for post-graduate courses cannot be increased, we a
re inclined to give a direction to the State of Odisha or their undertakings to
take back the in-service candidates into their service and permit them to serve
in the rural/tribal areas so that they can compete through the category of in-se
rvice candidates in the 50% seats earmarked for them for admission to the post-g
raduate course.We are, therefore, inclined to allow this appeal and set aside th
e judgment of the Division Bench as well as learned Single Judge by quashing the
proviso to clause 9(2)(d) of the MCI regulations to the extend indicated above
as well as clause 11.2 of the prospectus issued for admission to the Post Gradua
te Medical Examination 2012 in the State of Odisha. The State of Odisha, the Med
ical Council of India and respondents 1 to 4 are directed to take urgent steps t
o re-arrange the merit list and to fill up the seats of the direct category, exc
luding in-service candidates who got admission in the open category on the stren
gth of weightage, within a period of one week from today and give admission to t
he open category candidates strictly on the basis of merit. - 36. Appeals are al
lowed and the judgments of the High Court are set aside accordingly.
REPORTABLE
IN THE SUPREME COURT OF INDIA
...
whether under Section 154 Cr.P.C., a police officer is bound to register an FIR
when a cognizable offence is made out or he (police officer) has an option, disc
retion or latitude of conducting some kind of preliminary enquiry before registe
ring the FIR. 110. Learned counsel appearing for the Union of India and differen
t States have expressed totally divergent views even before this Court. This Cou
rt also 8
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PET
ITION (CRIMINAL...
Tamil Nadu Pattathari Asiriyargal Velaivaippu Sangam (Tamil Nadu Graduate Teache
rs Employment Opportunity Association) represented by its Secretary. In this wri
t petition, the Association has challenged on behalf of some of its members the

order passed by the State Government in G.O.Ms.No.181, School Education Departme


nt, dated 15.11.2011 so far as it has prescribed Teacher Eligibility Test even f
or persons who have completed certificate verification conducted by the Teachers
Recruitment Board for appointment to the post of Graduate Assistants and for co
nsequential direction to respondents 1 and 2 to appoint the members of the petit
ioner association as Graduate Assistants on the basis of the seniority in the St
atewide list kept by the employment exchange as was done in the case of Secondar
y Grade Teachers.=while the candidates who appeared in the typewriting test had
no indefeasible or absolute right to seek an appointment, yet the same did not g
ive a licence to the competent authority to cancel the examination and the resul
t thereof in an arbitrary manner. The least which the candidates who were otherw
ise eligible for appointment and who had appeared in the examination that consti
tuted a step-in-aid of a possible appointment in their favour, were entitled to
is to ensure that the selection process was not allowed to be scuttled for mala
fide reasons or in an arbitrary manner. 17.It is trite that Article 14 of the Co
nstitution strikes at arbitrariness which is an antithesis of the guarantee cont
ained in Articles 14 and 16 of the Constitution. Whether or not the cancellation
of the typing test was arbitrary is a question which the Court shall have to ex
amine once a challenge is mounted to any such action, no matter the candidates d
o not have an indefeasible right to claim an appointment against the advertised
posts." 14.As held by the Supreme Court, the candidates do not have indefeasible
right to claim appointment against the advertised posts. If the State explains
the reason for prescribing the particular mode of selection and cancellation of
the earlier process, such a decision cannot be frowned upon as violative of Arti
cles 14 and 16 of the Constitution. On the other hand, in this case, the impugne
d G.O clearly explains the mandatory directions issued under the RTE Act which h
as to be obeyed by the State Government. 15.Secondly, the State Government has t
aken a policy decision to screen the candidates before their entry to the post.
In these days because of mushrooming the Teachers Training Institutes and colleg
es all over State, such standardization process is inevitable. The petitioner ca
nnot be heard to say that their case should be treated differently only because
of their selection in the earlier selection process and on the basis of the old
policy. 16.In view of the above factual matrix and legal precedents, the petitio
ner Association has not made out any case. Hence the writ petition will stand di
smissed. No costs. Consequently connected miscellaneous petitions stand closed.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2012 CORAM THE HONOURABL
E MR.JUSTICE K.CHANDRU W.P.No.2108 of 2012 and M.P.Nos.1...
registration with the Pharmacy Council of the State of Rajasthan (respondent No.
1 herein - `Rajasthan Council' for short) under Section 32 of The Pharmacy Act,
1948 (hereinafter referred to as `the Act'). =The purpose of a welfare statute c
annot be permitted to be defeated by the methods such as the one employed by the
appellant. As stated earlier, the Act is passed for making better provisions fo
r the regulation of the profession and practice of pharmacy. As is seen, the pri
mary qualification for such a person is to have a degree or diploma in pharmacy.
It is only as an alternative qualification that some other degree with three ye
ars experience is permitted. The last alternative qualification is that of five
years experience in dispensing drugs which has to be in the concerned State. Thi
s is because under Section 31 of the Act, the person who wants to be registered
as a pharmacist has to be of 18 years of age, and he has to reside and carry on
the business or profession of pharmacy in that particular state. The State Pharm
acy Council which issues the certificate of registration ought to satisfy itself
that the person concerned did have atleast five years of experience, and which
experience has obviously to be in that State for the State Council to assess it.
In the instant case, the appellant did not reside or carry the business or prof
ession of pharmacy or dispensing of drugs in Sikkim for more than five years. If
any such method, as adopted by the appellant is permitted, persons who claim to
have experience of five years in one State, will go to another State for a few
months only to obtain registration in that State, and thereafter seek transfer o
f that registration to their own state. In the instant case, the first responden
t did not have any opportunity to examine as to whether the appellant did have t

he
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION ...
Juriprudence: Possession Held-In the absence of proof of better title, possessio
n or prior peaceful settled possession is itself evidence of title-Settled posse
ssion or effective possession would protect a person without title even as again
st the true owner-High Court's order upheld. The plaintiff-respondent was in pos
session of a piece of land and was raising a construction over it which was obje
cted to by the defendant- appellant claiming that the said land formed part of h
is property and was owned by him. The plaintiff-respondent filed a suit for decl
aration of his title, as also his possession, of the disputed land. The trial co
urt found that although the respondent failed to prove his title, he had succeed
ed in proving his possession over the suit property. Accordingly, it issued an i
njunction restraining the appellant from interfering with the peaceful possessio
n and enjoyment of the suit property by the respondent. The High Court upheld th
is order. Hence the appeal. On behalf of the appellant, it was contended that th
e suit ought not to have been decreed merely on the fact that the respondent was
in possession of the suit property since he could not prove his title. Dismissi
ng the appeal, the Court HELD : 1. The person in peaceful possession is entitled
to retain his possession and in order to protect such possession he may even us
e reasonable force to keep out a trespasser. A rightful owner who has been wrong
ful dispossessed of land may retake possession if he can do so peacefully and wi
thout the use of unreasonable force. If the trespasser is in settled possession
of the property belonging to the rightful owner, the rightful owner shall have t
o take recourse to law; he cannot take the law in his own hands and evict the tr
espasser or interfere with his possession. The law will come to the aid of a per
son in peaceful and settled possession by injuncting even a rightful owner from
using force or taking the law in his own hands, and also by restoring him in pos
session even from the rightful owner (of course subject to the law of limitation
), if the latter has dispossessed the prior possession by use of force. In the a
bsence of proof of better title, possession or prior peaceful settled possession
is itself evidence of title. Law presumes the possession to go with title unles
s rebutted. The owner of any property may prevent even by using reasonable force
a trespasser from an attempted trespass, when it is in the process of being com
mitted, or is of a flimsy character, or recurring, intermittent, stray or casual
in nature, or has just been committed, while the rightful owner did not have en
ough time to have recourse to law. In the last of the cases, the possession of t
he trespasser, just entered into would not be called as one acquiesced to by the
true owner. [856-A-E] Midnapore Zamindary Co. Ltd. v. Kumar Naresh Narayan Roy,
(1924) PC 144, Ramesh Chand Ardawatiya v. Anil Panjwani, [2003] 7 SCC 350,Lallu
Yeshwant Singh v. Rao Jagdish Singh, [1968] 2 SCR 203, Nair Service Society Ltd
. \. K.C. Alexander, [1968] 3 SCR 1, M.C. Chokalingam v. V. Manickavasagam, [197
4] 1 SCC 48, Krishna Ram Mahale v. Mrs. Shobha Venkat Rao, [1989] 4 SCC 131 and
Nagar Palika, Jind v. Jagat Singh, Advocate, [1995] 3 SCC 426, relied on. Yar Mo
hammad v. Lakshmi Das, AIR (1959) All. 1, approved. Salmond on Jurisprudence : 1
2th Edn., referred to. 2. It is the settled possession or effective possession o
f a person without title, which would entitle him to protect his possession even
as against the true owner. [856-E-F] Munshi Ram v. Delhi Administration, [1968]
2 SCR 455, Puran Singh v. The State of Punjab, [1975] 4 SCC 518 and Ram Rattan
v. State of U.P., [1977] 1 SCC 188, relied on. Horam v. Rex, AIR (1949) All. 564
, approved. 3.1. In the present case the Court has found the plaintiff-responden
t as having failed in proving his title. Nevertheless, he has been found to be i
n settled possession of the property. Even the defendant-appellant failed in pro
ving his title over the disputed land so as to substantiate his entitlement to e
vict the plaintiff. The Trial Court, therefore, left the question of title open
and proceeded to determine the suit on the basis of possession, protecting the e
stablished possession and restraining the attempted interference therewith. The
Trial Court and the High Court have rightly decided the suit. [858-C-E] 3.2. It
is not necessary for the person claiming injunction to prove his title to the su
it land. It would suffice if he proves that he was in lawful possession of the s
ame and that his possession was invaded or threatened to be invaded by a person

who has no title thereof. [859-C-D] Fakirbhai Bhagwandas v. Maganlal Haribhai, A


IR (1951) Bom. 380, approved. Sri Dasnam Naga Sanvasi v. Allahabad Development A
uthority, AIR All. 418 and Kallappa Rama Londa v. Shivappa Nagappa Aparaj, AIR (
1995) Kar. 238, held not applicable. CIVIL APPELLATE JURISDICTION : Civil Appeal
No. 7662 of 1997. 2004 AIR 4609, 2003(6 )Suppl.SCR850 , 2004(1 )SCC769 , 2003(1
0 )SCALE950 ,
CASE NO.: Appeal (civil) 7662 of 1997 PETITIONER: Rame Gowda (D) by Lrs.
RESPONDENT: M. Varadappa Naidu (D) by Lrs. ...
A.P. ASSIGNED LANDS [PROHIBITION OF TRANSFERS] [AMENDMENT] ACT 2008
SEC.4[1][b][i] :- re assign the said resumed land, other than those lands/ areas
as may be notified by the govt. from time to time in public...
whether the transfer of land from a member of Scheduled Caste to a juristic pers
on, other than Scheduled Caste, is void, in view of the provisions of Section 42
(b) of the Rajasthan Tenancy Act, 1955 (for short the Act ). 3. The High Court of R
ajasthan has answered the above question in several cases holding that such a tr
ansfer would not be hit by the above mentioned provision, since the expression pe
rson would not take in a juristic person and that juristic person does not have a c
aste and, therefore, any transfer made by a Scheduled Caste person would not be
hit by Section 42(b) of the Act. 7(2). If the khatedar of Scheduled Caste / Sched
uled Tribe executes sale to such a person of Scheduled Caste / Scheduled Tribe w
ho is office-bearer of any firm/society/company/legal institution, then the muta
tion on the basis of registration shall be made only in the name of that particu
lar person/vendee who is a member of Scheduled Caste/Scheduled Tribe and not in
the name of that firm/society/company/legal institution wherein he is office-bea
rer or member. 17. The above mentioned condition makes it amply clear that the mu
tation on the basis of registration shall be made only in the name of that parti
cular person/vendee who is a member of Scheduled Caste/Scheduled Tribe and not i
n the name of any firm/society/company/legal institution wherein a person is off
ice-bearer or member. When we apply the above principles to the transfer of land
in question, we have no hesitation to hold that the sale deed effected on 26.9.
2005 was void and therefore rightly denied mutation in Revenue records. Property
, therefore purchased by the respondent from the members of Scheduled Caste vide
sale deed dated 26.9.2005 and other sale deeds, therefore are void since hit by
Section 42(b) of the Act and it is so declared. The State can, therefore, re- p
ossess the lands and return the lands to the original owners who are members of
Scheduled Caste. Section 42(b) may go against the interest of the members of Sch
eduled Caste / Scheduled Tribe as well. There may be several situations where th
ey intend to sell the property for purposes like marriage of son/daughter or to
purchase a better property and so on, but in that event sometimes they may not g
et a better competitive price, if the sale is made only among the members of Sch
eduled Caste / Scheduled Tribe. We have come across legislations where provision
s are made enabling them to sell their lands to the members of non-Scheduled Cas
te / Scheduled Tribe, on getting permission from the prescribed authority. Such
a provision may be sometimes helpful to the members of Scheduled Caste / Schedul
ed Tribe to get a better price for their land but it is for the legislature to i
ncorporate appropriate provision in the Rajasthan Act. 19. Consequently, the app
eals are allowed and the judgments of the learned single Judge and the Division
Bench of the High Court are set aside. However, there will be no order as to cos
ts.
REPORTABLE
IN THE SUPREME COURT OF INDIA
...
As defined in s 14(1) of the Act, namely the same goods and/or goods of the same
description . [6] As defined in s 10 of the Act, which provides that a trade mark i
s taken to be deceptively similar to another trade mark if it so nearly resemble
s that other trade mark that it is likely to deceive or cause confusion . [7] In t
he context of closely related goods and services, but relevant also in the conte
xt of similar goods as defined in s 14(1) of the Act. [8] And were also approved b
y the Full Federal Court (Burchett, Sackville and Lehane, JJ) in MID Sydney Pty
Ltd v Australian Tourism Co Ltd (1998) 42 IPR 561. [9] Burchett J was specifical
ly referring to the words goods of the same description as used in s 23(2) of the

repealed Trade Marks Act 1955, but his remarks are no less applicable to the cur
rent legislation, as confirmed by the Full Federal Court in E & J Gallo Winery v
Lion Nathan Australia Pty Limited [2009] FCAFC 27(29 July 2009) at [71] in hold
ing beer and wine to be goods of the same description. [10] See also the discussion
by the Hearing Officer on this subject in Socit des Produits Nestl SA v Strasburger
Enterprises Inc (1995) 31 IPR 639 (QUIK v QUIX) at 646 to 649. [11] Registrar o
f Trade Marks v Woolworths Ltd [1999] FCAFC 1020; (1999) 45 IPR 411 at [50]. [12
] Australian Woollen Mills Ltd v F.S. Walton & Co [1937] HCA 51; (1937) 58 CLR 6
41 (at 658); Shell Co of Australia Ltd v Esso Standard Oil (Aust) Ltd[1963] HCA
66; (1961) 109 CLR 407 (at 415) [13] Being Re Application by the Pianotist Co Lt
d (1906) 23 RPC 774 at 777; 1a IPR 379 at 380, Australian Woollen Mills Ltd v F.
S. Walton & Co [1937] HCA 51; (1937) 58 CLR 641 (at 658) and CA Henschke & Co v
Rosemount Estates Pty Ltd (2000) 52 IPR 42 ( Henschke ) at [40] to [42]. [14] I note
Windeyer s earlier quoted words were are to be (or can be) used , not are used or can
be used . [15] I note in passing that as far as s 44 is concerned it is not stric
tly relevant what goods the Opponent may have used its marks for; indeed they ne
ed not have been used at all. Certainly there was no suggestion by Ms Chrysantho
u, or support in the evidence, for the proposition that the Opponent s trade marks
had the kind of notoriety acquired through use contemplated by the Federal Cour
t in Woolworths or Henschke and which may impinge on s 44 considerations. [16] C
iting Torpedoes Sportswear Pty Limited v Thorpedo Enterprises Pty Limited [2003]
FCA 901; (2003) 59 IPR 318 per Bennett J at [78] and Jockey International, Inc
v Darren Wilkinson [2010] ATMO 22 at [38]. [17] Cooper Engineering Company Pty L
td v Sigmund Pumps Limited [1952] HCA 15; (1952) 86 CLR 536, Frigiking Trade Mark
[1973] RPC 739, Reed Executive plc v Reed Business Information Ltd [2004] EWCA C
iv 47; [2004] RPC 40 and Pfizer, Inc v Schering-Plough Animal Health Corporation
[2006] ATMO 92 are cited as authorities for this proposition. [18] The search w
as conducted on 20 December 2010, but all but ten of the 80 marks disclosed have
priority dates earlier than the Trade Mark. Moreover several registrations for
such marks covering milk or milk based goods which post-date the opposed applica
tion, including the Opponent s registration 1262221 CALPIS (Stylised), in any even
t appear to further confirm that the prefix CAL- might reasonably be considered
common to the trade in such goods. [19] [1952] HCA 15; (1952) 86 CLR 536 (at 539
) [20] Being the words of French J in Woolworths at [45] quoted in paragraph 14
above. [21] These being the often quoted words of Evershed J (as he then was) in
Smith Hayden & Co Ltd s Application (1946) 63 RPC 97, at 101. [22] Mr Matsumoto a
nnexes an (undated) extract from the 3rd edition of a publication by the Interna
tional Association for the Protection of Intellectual Property of Japan called (
in English) Famous Trademarks in Japan showing an entry for the CALPIS mark. [23]
Cullens had earlier submitted that the CALPIS branded milk based product, being
based on a cultured milk concentrate, was unique to the Australian market, but e
ven if this were so, the coverage of the opposed application is wide enough to e
mbrace the Opponent s goods in my view. [24] Based on an average case price of 2,50
0 and an exchange rate of 85 = A$1.00, or approximately A$30.00 per case. [25] Cu
llens submissions were of course prepared before it was known that the Opponent s s
60 ground was based on the claimed reputation of the CALPIS trade mark only.
Calpis Co., Ltd v ALDI Foods Pty Ltd [2012] ATMO 44 (3 May 2012) Last Updated: 1
4 June 2012 TRADE MARKS ACT 1995 DECISION OF A DELEGAT...
LABELS
"2G Spectrum Scam Case". (1)
& 27 - Takeover Regulations- ejusdem generis principle (1)
& Section 306 & 460 of Cr.P.C. - Granted Pardon - sec.164 Cr.P.C. (1)
'Invitation to Tender' (1)
'the 1959 Act') (1)
'the 1966 Act') (1)
'the Act'). (1)
(b) (1)
(n) read with Regulation 64(b) read with section 46 of the M.R.T.P. Act (1)
- (3)
- Rajasthan Environment and Health Cess Ru les (1)

- Husband died pending trial - No prima faice proof of conspiracy- The Accused a
re entitled for discharge = (1)
- private complaint against STERN magazine and Anandabazar Patrika (1)
- Promotion to the rank of Lieutenant General - before retirement post fell vaca
nt (1)
- proviso (g) to Section 60 (1) of the Code (1)
- sec.192 (1)
- Since it is Licence - there is no right of renewal - (1)
- the Drugs (Prices Control) Order (for short (1)
- the decision of the Chancellor is final = (1)
- when arbitrator was appointed by High court - whether District Judge or High c
ourt (1)
- 28. Notice for payment of duties (1)
-2014 OCT.MONTH-S.C (1)
-COFEPOSA (1)
00 (2)
000 from Rs. two lakhs = (1)
000/- (1)
000/- for alleged embezzlement in to trial court as per order of Apex court (1)
000/- from out of Rs.5 lakhs receivable by the petitioner towards the gratuity (
2)
08 (1)
10 A and or.1 (1)
100 of T.P. Act Charge - Deposit of Title Deeds - Mortgage - mere undertaking no
t to sale the property till the discharge of loan with out registration (1)
102 of Evidence Act - Sec.100 of C.P.C = Suit for Declaration of title and conse
quential reliefs (1)
108 B (e) and sec.114 of T.P.Act - Destroy of leased property - No Doctrine of f
rustration of contract (1)
110 (1)
120B IPC and Section 5(2) of Prevention of Corruption Act (1)
125 CRPC (2)
139 and sec. 118 of N.I.Act - Burden of proof (1)
14 (3)
142 (1)
142 N.I.Act Sec.482 Cr.P.C. - Limitation (1)
142 of the NI Act (1)
144 (1)
145 and land encroachment act (1)
147 (1)
148 (3)
148 and 302 IPC -mere presence or association with other members alone does not
per se be sufficient to hold everyone of them criminally liable (1)
148 and 147 IPC. (1)
148 and 302 read with Section 149 of the IPC - except for his role (1)
149 (1)
15 (7) of Delhi Rent Control Act - Power to strike out the defence (1)
15 and 16 which are in dilapidated condition. (1)
15 and sec.42 (1)
151 B and Electricity -Rules (1)
16 and 20 of C.P.C - Sec.24 of C.P.C- Jurisdiction - (1)
17CPC (1)
18 (1)
1860 (3)
1860 (hereinafter referred to as IPC) and Sections 3 (1)
1860 ('IPC' for short). (1)
1860 (hereinafter referred to as the `IPC ) (1)
1860 (in short the IPC ). (1)
1860 High court acquitted (1)
1872 (2)

1872-Section 32 Clause (5)-Date of birth-Proof of-Horoscope-Evidentiary value of


(1)
1881 (1)
1881 - failure of complainant to plead (1)
1881 (in short the N.I. Act) (1)
1882 (1)
1882 - s.13(b) - Easement rights - Easement by grant - Suit for declaration of e
asement rights over `B' schedule property of the plaint as a pathway (1)
1882 and Order 2 Rule 2 of CPC. AT INTERIM STAGE NOT NECESSARY TO BE DECIDED ON
ADMISSION OF POSSESSION OF PLAINTIFF IN BARE INJUNCTION SUIT (1)
1888 (1)
1888 for running a Eating (1)
1890 for the welfare of the minor any person (1)
1899 (1)
19 (1)
19 of Army Act and Art.309 (1)
1908 (4)
1908 is bound by the assessment of stamp duty (1)
1910 - Theft of Electricity (1)
1913 (for short (1)
1923/Workmen compensation Act - Appeal against the order of commissioner arise o
nly when there is substantial question of law (1)
1925 (1)
1925: s.372 - Nominee (1)
1927 (2)
193 and Sec.211 of I.P.C - scope of sec.195 and sec. 340 (2) of Cr.P.C - No vict
im should go remediless when there is a prima faice case (1)
1940 not barred - Secs.8 (1)
1944-Rules 57AA (1)
1946 - the Prevention of Corruption Act (1)
1947 (1)
1947 (for short the P.C. Act ) - (1)
1947 - the employee of the tenant company was permitted to stay indirectly with
out eviction even after his termination of employment amounts to subletting (1)
1947. (1)
1948 (1)
1948 ( the Act (1)
1948 ( (1)
1948 - complaint should be filed with in 3 months by Inspector of factories (1)
1949 (1)
1950 (1)
1951 (2)
1951-Sections 33 and 36- Nomination paper-Substantial Defect-Meaning of-Name of
candidate incorrectly mentioned in the electoral roll- (1)
1953 (3)
1954 (1)
1955 (1)
1955 - sec.42 (1)
1956 (5)
1956 = selling of minor's property with definite share is void (1)
1956 - (1)
1956-ss. 4 (1)
1956. (1)
1957 - illegal mining (1)
1958 - (1)
1959 (for short (1)
1959 (for short the Act ) as applicable in Uttarakhand read with Article 243Q(2) of
the Constitution (1)
1960 (1)
1961 (2)

1961 (for brevity the Act ) to file the suit for eviction.= (1)
1961 (for short the Act ). (1)
1961- Consumer Disputes - Agricultural Market yards (1)
1961. (1)
1962 (1)
1962 and Section 18(2) read with Section 28(2) of the Customs Act (1)
1962-5. 135-Scope of (1)
1962.- sec.14 (1)
1963 For Specific performance of a (1)
1963 - Agreement to sell land - Non-execution of - Suit for specific performance
- Grant of decree and plea of seller that time was essence of contract rejected
- (1)
1963 - Section 29 the State Financial Corporation Act - suit against Contract of
Indemnity arose only after execution of main contract (1)
1963 for condonation of delay of 2500 days in filing the petition to set aside t
he ex parte decree. (1)
1963-Section 65 Explanation (a)- (1)
1963: s.12 (1)
1963: s.6 (1)
1964 (1)
1965 (1)
1966 (1)
1966 (for short (1)
1968 (2)
1969 (1)
1969 - whether a fee increase needs (1)
1971 (for short 'the Act') (1)
1971 (in short the Act ) (1)
1972 (4)
1972 - suit for injunction - (1)
1972 as amended in 2006. - not enforceable - (1)
1972. (1)
1973 (2)
1973 - reopening of a case already decided under repealed Act (1)
1973 Memorandum of FLM by RBI.- Section 49 (3) & (4) of Foreign Exchange Managem
ent Act FEMA ). (1)
1973 - s.239 (1)
1973: Sections 244 (1)
1974 (2)
1974" (1)
1975 (1)
1975 the Delhi Value Added Tax (1)
1975 Sections 9(2) and 9(4) = charitable purpose as per Section 3(1)(b) of the Act
in order to hold it exempt from paying building tax? (1)
1976 (1)
1976 (for short ULC Act ) (1)
1977 (for short 'the Act 7 of 77) (1)
1977 (for short the Act ) (1)
1977). (1)
1977. (1)
1980 and Tamil Nadu Hill Stations Preservation of Trees Act and the Environment
(Protection) Act (1)
1983 (for short the Apartment Act ) - Development Act - Declarations in respect of c
ommon areas and facilities (1)
1985 (4)
1985 (hereinafter for short SICA ) are applicable to the foreign companies registered
in India (1)
1985 (for short the NDPS Act ) (1)
1985 (for short the SICA). - Application for protection of sec.22 (1) of SICA by
Guarantors (1)

1986 (3)
1986. (1)
1986. - Coastal Regulation Zone (CRZ) were enacted (w.e.f.19th February (1)
1987 (for short 'the Rules') (1)
1987. - Sale of Temple land - (1)
1988 (7)
1988 (for short the PCA ). (1)
1988 (for short (1)
1988 - mere recovery of rexine bag is not sufficient (1)
1988 - No approval from the central government is necessary (1)
1988 - vs- sec.313 Cr.P.C.- Bribe case - alleged that the prosecution failed to
prove the demand of Bribe (1)
1988 -a Municipal Councillor and Board member is a public servant (1)
1988 absolves the insurer of its liability to the insured. - NO (1)
1988 read with Section 109 of the Indian Penal Code.- Non- filing of original co
mplaint not fatal when not relied upon it (1)
1991) - The guidelines (1)
1993 (1)
1993 (in short the Act ) (1)
1994 (for short 'the Act'). (1)
1995 (4)
1995 (hereinafter to be referred as the Act ) (1)
1995 (in short the Act ) (1)
1995 (Act No.37 of 1995) (1)
1995 (for short Regulations 1995 ) (1)
1995 (hereinafter referred to as DPCO (1)
1995 (in short PUDA Act ) (1)
1995 Mental disorders - benefits under disability act (1)
1995: s.83(5) - Wakf Tribunal - Power of - (1)
1995 for short). (1)
1996 (for short (1)
1996 - interim injunction pending arbitration proceedings (1)
1996: s. 45 - Reference to arbitration under - Scope of - International commerci
al arbitration - Multi-party agreements - Joint venture agreements (1)
1997 (for short the Tenancy Act ) -Vs- Arbitration & conciliation Act - (1)
1999. - Suit for injunction (1)
1999.-notice dated 17.2.2005 under Section 10(5) of the Urban Land (Ceiling and
Regulation) Act (1)
200 (1)
2000 (4)
2000 (for short the 2000 Act ) (1)
2000 ( the J.J. Act (1)
2000-Central Excise Rules (1)
2000. (1)
2000. (1)
2000 ) (1)
2002 (1)
2002 - Sale against the rules are null and void - (1)
2003 (2)
2003 (hereinafter referred to as the Act )- Power Purchase Agreement (PPA) (1)
2003 in the selection held by UPSC; (1)
2004 - No explanation was offered to show that the random sample of sale for two
days not correct (1)
2005 (5)
2005 (for short the DV Act ) - live in relationship in the nature of marriage - A c
oncubine (1)
2005 (for short 'the PWD Act (1)
2005') (1)
2005. - Section 50 of the Delhi Land Reforms Act (1)
2006 Section 17 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act (1

)
2008 (1)
2008- levy of cess on mineral right (1)
2009 (in short the RTE Act ) (1)
2009 and the Commission for Protection of Child Rights Act (1)
201 and 202 Cr.P.C.-Accused out of jurisdiction does not contemplate any separat
e recording system of evidence before taking cognizance (1)
2011 [2] ALT 8 [SC] SUPPRESSION OF MATERIAL DOCUMENT (1)
2011 {6} ALT 237 A.P. ADMISSIBILITY OF A DOCUMENT (1)
2011. (1)
2012 (1)
2013 - fixing cut off marks at 60% (1)
2013 (for short (1)
2014 Oct.Month - S.C. (1)
2014-S.C. OCT.MONTH. (1)
204 (1)
208 and 210 and sec.319 of Cr.P.C. (1)
22 of MMDR Act - vs- Sec. 378 (1)
227 and 228 of Cr.P.C.- one out of 3 no charge sheet was filed under sec.302 I.P
.C. - but committal court famed charge under sec.302 of I.P.C against this accus
ed too (1)
23 ( 1A) - (1)
24 (1)
245 (1)
246 (1)
252- (1)
256. Non-appearance or death of complainant. (1)
25FF sec.25N and Section 17B of I.D. Act - Estopel - Already decided case attain
ed finality - and same is applied with some suitable modifications (1)
26 and 27 of Consumer Act (1)
27 (1)
276CC and 278E of the Income Act - Discharge petition under sec. 245(2) Cr.P.C (
1)
27A and 37 (1)
2G Scam (2)
2G Spectrum case. (1)
3 contradictory Dying declarations - ends in acquittal (1)
3 of Grants Act - Cantonment board - resumption of land - claimed that the grant
is free from holds - mere entry in GLR survey never confirm title (1)
302 (1)
302 and 201 of Indian Penal Code (1)
302 and 306 IPC (1)
302 IPC (1)
302 read with Section 149 and Section 307 read with Section 149 of the IPC. and
read with sec.34 of I.P.C. - Appreciation of Evidence (1)
302 read with Section 149 of the IPC - powers of appellant court --- not to dist
urb acquittal due to possibility of other view (1)
304 B (1)
304 B - death within 9 months of marriage - burnt (1)
304 B - No conviction under sec.302 I.P.C. (1)
304 B and 302 of I.P.C. (1)
304 B and 306 I.P.C. - sec.116 A of Evidence Act (1)
304 B of I.P.C. r/w sec.113 B &Section 114 Illustration (a) of Evidence Act (1)
304 B of I.P.C.- A 1-husband acquitted - A 2 sentence was reduced - mitigating c
ircumstances (1)
304 Part I & Sec.300 - Exception 4 (1)
304-B (1)
306 AND 498 A I.P.C. - When wife stated that she committed suicide as she was fe
d up with the acts of husband with out disclosing the activities - (1)
306 I.P.C. r/w 34 I.P.C. (1)

306 of I.P.C. - DISCHARGE OF REST OF ACCUSED (1)


306 r/w 34 of I.P.C. (1)
307 (3)
307 read with 149 (1)
308 r/w 34 of I.P.C. -Circumstantial Evidence not proved - Sec.27 of Evidence Ac
t recovery at the instance of accused not proved- Abscond not proved- common int
ention not established (1)
310 and 311 - Doctrine of Pleasure -Doctrine of finality- whether amenable to ju
dicial review on the ground of camouflage- Apex court held No (1)
32 - Termination of Arbitration proceedings by the Arbitrator for one reason or
the other - Remedy is to approach concerned Civil court (1)
323 (1)
324 (2)
326 (1)
33 (1)
34 (1)
35 (1)
354 and 376 of the Indian Penal Code (1)
364 (1)
366 376 and 323 of the Indian Penal Code (1)
366 and 363 IPC (1)
368/34 (1)
376 (1)
376 and 201 of the Indian Penal Code (1)
376(2)(g) and 302/34 (1)
376(2)(n) of the Indian Penal Code; (1)
376-D (1)
379 (1)
379 /114 of I.P.C. (1)
38 (1)
4 (1)
4 and 6 of the Dowry Prohibition Act (hereinafter called the DP Act ). (1)
406 (1)
406 and 34 of IPC (1)
409 (1)
411 (1)
412 IPC (1)
417 (2)
418 (1)
420 (5)
420 and 120(b) IPC (1)
423 (1)
424 r/w Section 34 IPC - Anticipatory bail - (1)
424/- (1)
43 of Electricity Act - Application for Switch over from BEST to TPC FOR ELECTRI
CITY (1)
447 (1)
448 read with Section 34 of the Indian Penal Code (for short the IPC ). (1)
450 and sec.302 of I.P.C - rape and murder of minor girl (1)
458 and 477 IPC (1)
467 (3)
468 (2)
47 - A of Schedule 1-A of the Stamp Act - admissibility of a document (1)
47 OF INSURANCE OF ACT (1)
471 (1)
471 IPC and sec. 3 (1)
498 A (1)
498 A etc. (1)
498 A I.P.C (1)
498 A IPC & under Sections 3 and 6 of the Dowry Prohibition Act (1)

498-A and 306 of the IPC. (1)


498A or 306 (1)
5 A (1)
5 of P.C. Act -Jurisdiction of Special court on the death of public servant agai
nst non-public servants- (1)
50 of the Foreign Exchange Regulation Act (1)
500/- - Deposited Rs.5 (1)
506 (1)
506 I.P.C. - Love marriage -when earlier complaint was closed as civil disputes
pending (1)
54 = No enhancement basing on 6 km far away situated land in developed area - (1
)
550/ crores compensation to N.R.I. for the death of his wife = Medical Negligenc
e Compensation was fixed based on principles and theories of M.V. ACT = (1)
57 (1)
57AB and 57AC and erstwhile Rules 57A to 57J-CENVAT credit (1)
57B and 57D alongwith Rule 57CCModvat/ Cenvat Credit (1)
58 (1)
59 (1)
59 and sec.61 - Sec.457 of Cr.P.C - Release of vehicle seized while transporting
illicit liquor by police - Magistrate dismissed (1)
6 (1)
6 years old child was raped murdered and her legs were chopped upto anklets for
silver ornaments (1)
6(5) (1)
64 and 65 (1)
66 and 175 - the registered sale deed dated 12.01.1962 executed prior to 1.5.196
4 against the provisions of Act cannot be held to be void (1)
69. Effect of non- registration. (1)
7 & 8 (1)
76 (1)
8 and 19-Property of father who dies intestate-Whether devolves on son (1)
83(1) (1)
86 and 111 of new Act (1)
86 and sec.123 1)(A) and (4) of R.P. Act - allowed (1)
87 and 102 of R.P. Act - Election petition and Recrimination petition - MLC - Eq
ual votes on first count (1)
92 and 96 of Limitation - suit filed against ex trustee (1)
; interim mandatory injunction ;the appellate court will not interfere with the
exercise of discretion of the court of first instance (1)
a related and interested witness (1)
A contract for sale of shares is not valid as per sec.13 (1)
A Daily worker on termination of his service not entitled for re-employment as o
f right as the termination is not amounts to retrenchment of an employee (1)
a fake encounter (1)
A person having 100 per cent burns can make a statement (1)
a statement in made in other proceeding does not confer possession of palintiff
(1)
a Koshti by Caste and not a Halba (1)
A.P. (Andhra Area) Tenancy Act (1)
A.P. Assigned Lands (Prohibition of Transfers) Act (2)
A.P. Legal Metrology (Enforcement) Rules (1)
A.P. Legislative Council (Disqualification on ground of Defection) Rules (1)
A.P. State Public Distribution System (Control) Order (1)
A.P. VAT Act (1)
A.P. Water (1)
A.P.Assigned Lands (Prohibition of Transfers) Act (1)
A.P.COURT FEE ACT (2)
Abduction & Murder - Circumstantial Evidence - Last seen theory - in the absence
of first link in the chain (1)

ABDUL AZEEZ P V. AND OTHERS . Petitioners Versus NATIONAL INVESTIGATION AGENCY . R


espondent (1)
absence of contract with regard to rate of interest (1)
absence of valid sanction from the competent authority (1)
abusing the court process (1)
acb (1)
Accident claim (2)
Accident claim - 100% disability - for reducing the claim (1)
Accident claim - Hindu succession Act and M.V. Act (1)
Accident claim - M.V. Act (1)
Accident claim - M.V. Act - Employee died at his age 46 years - future potential
ity (1)
Accident claim - M.V. ACT - Goods vehicle - accident - Gumasthe died - Gumasthe
also covered with in the clause "engaged in operation" (1)
Accident claim - M.V. Act - Just compensation (1)
Accident claim - M.V. Act - Liability of Requisition department (1)
Accident claim - M.V. Act - Over taking a bus at red light area after green ligh
t on by a motor cyclist invites danger - motor cyclist was at wrong but not bus
driver (1)
Accident claim - M.V. Act- Notional monthly income (1)
Accident claim - M.V.Act - composite negligence & contributory negligence - Truc
k and Geep colluded -for passengers - third parties both are jointly and several
ly liable to pay compensation (1)
Accident claim - M.V.Act - Death (1)
Accident claim - M.V.Act - Embroider - a skilled worker (1)
Accident claim - M.V.Act - how to determine Functional Disability (1)
Accident claim - M.V.Act Section 149(2)(a)(i)(a) - Tractor and trolley with sand
for tank bed in field - Not other than agriculture purpose (1)
Accident claim - M.V.Act- what is net salary or take home salary ?- Voluntary sa
vings deductions can not be considered as expenses (1)
Accident claim - sec. 147 - Gratuitous passenger not included except goods owner
and his authorised agent in good carrier (1)
Accident claim - Sec.103 and 157 of M.V. Act - Transfer of ownership - mere fail
ure to intimate the same to the insurance company (1)
Accident claim - Temporary Registration - Not applied for permanent registration
- meanwhile accident took place - Vehicle damaged - Claim for insurance - rejec
ted (1)
Accident claim - trial court awarded Rs.37 lacs and odd (1)
Accident claim -Section 166 of M.V. Act- clause (C) of Rule 2 of the Mizoram Mot
or Accident Claims Tribunal Rules (1)
Accident claim M.V. Act - Contributory Negligence - absence of any cogent eviden
ce- (1)
Accident claims-M.V.Act (1)
accused right to have lawyer (1)
Acquittal - one of the accused - Apex court held that While considering the invo
lvement of Satbir Singh in the occurrence (1)
Acquittal -No consistence with Medical evidence - Scene of offence not clear - B
lood stained Earth not sent for chemical examination - weapons not recovered (1)
Acquittal basing on general diary and opinion of public not correct - Trial cour
t did wrong (1)
Acquittal of murder case (1)
ACQUITTAL under Section 302 read with Section 201 of the Indian Penal Code 1860
(hereinafter referred to as the IPC ). (1)
adds (1)
admissiblity of a document (2)
admissions (1)
Admissions to children in schools transferred from different states to Delhi in
the middle of sessions (1)
Admissions to MBBS & BDS- NRI quota (1)
admitted execution (1)

admitted possession only is to be considered (1)


adoption (1)
adulterer compulsory as per high court rules (1)
Adverse comments against a person who is not a party to the proceedings (1)
adverse possession can be used as a shield/defence but not as a weapon (1)
Adverse remarks against the Accused in his absence by High court and Bail Applic
ation - to M.P. in Murder case (1)
Advocate-Commissioner to gather evidence not maintainable (1)
Advocates Act (1)
affixing adhesive stamps on white paper sale agreement is not proper payment of
stamp duty - liable to be send for impounding the same (1)
after termination of contract there exists no relationship between the parties a
s the consumer and service provider and complaint is also time barred. (1)
AGREEMENT HOLDERS HAVE NO LOCUS STANDI TO QUESTION THE ACQUISITION - NO SUFFICIE
NT GROUNDS TO CHALLENGE THE ACQUISTION (1)
Agreement/Compromise was arrived at between the Federation and the State Governm
ent (1)
Agricultural Market Committee (1)
Air India Ltd. - Hotel Corporations of India Ltd - workmen employed in canteens
of Air India are worker of Air India or the workers of Hotel Corporations of Ind
ia Ltd. (1)
alibi - delete - cognizance (1)
Alibi - Medical evidence - Non examination of senior counsel to prove alibi inst
ead of office college is not a ground for discard the evidence (1)
alleged recovery of gold chain at his instance. That cannot connect the appellan
t to the theft. The Trial Court has stated that since (1)
Allotment of civic amenity sites (1)
Allotment of share as per advocate commissioner plan valid (1)
Allotment of site by CIDCO (1)
Allotment of Water to Kutuch District fro Sardar Sarovar (1)
allowance in lieu of kilometerage (ALK). (1)
Along with Section 501 I.P.C. (1)
Alternative pleas/contradictory pleas holds no significance when suit was decree
d on main relief (1)
Amendment of Preliminary Decree Sec.152 C.P.C. & Or.18 (1)
amendment to bye laws (2)
an offence under Section 302 read with Section 34 IPC for murder (1)
An application for modification/clarification (1)
and 419 I.P.C.- Marriage with already married man and living with him for some t
ime - disputes arose due to elders interference No Rape 376 (1)
and 16 of Securities Contracts ( Regulation) Act and as such transfer and regist
ration of share in the name of purchaser is not valid (1)
and a certificate of fitness provided by a doctor is not a condition precedent f
or placing reliance upon a dying declaration. (1)
and power dispute and compensation disputes (2)
and Rules 63 (1)
and sec. 29 of Indian Limitation Act (1)
and sec. 3 (1)
another witness going to be examined should not be there (1)
Anti corruption act (1)
Anti corruption case (1)
AP ASSIGNED LANDS ACT (1)
apex court confirmed the same (1)
Apex court converted the sentence from sec.302 to sec.307 of I.P.C. (1)
APEX COURT GAVE SOME DIRECTIONS IN RESPECT OF OFFENCE UNDER SEC.376 I.P.C- (1)
Apex court held that same principles laid down in death cases- would apply with
little modifications for assessing the sentences in other cases (1)
Apex court placed the same before the constitution Bench (1)
APEX COURT UPHELD THAT THE SUIT FILED BY NATIONAL HOUSING BAND UNDER SPECIAL ACT
ENACTED FOR PURPOSE OF HARSHAD S. MEHTA (1)

Appeal by informant of FIR for cancellation of Bail (1)


APPELLANT COURT CAN DECIDED IT (1)
APPLICATION FOR CONDONATION OF DELAY OF 193 DAYS IN FILING APPEAL - REFUSED (1)
applied for a refund of Rs.8 (1)
Appointment as Director (Finance ) in B.S.N.L (1)
appointment of chairman (1)
appointment of quasi judicial authorities who have no knowledge in legal filed (
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Appointment of Special police officers from ex-service men (1)
appointment to the post of Lokayukta or Upa Lokayukta (1)
Apportionment of liability among the Respondents for their respective Negligence
which caused death of several persons in a fire accident in RAJIV MARRIAGE PALA
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appreciation of evidence (1)
appreciation of evidence of a witness (1)
Ara Municipal Corporation (1)
Arbitration & Conciliation Act (1)
Arbitration & conciliation Act (1)
Arbitration & Conciliation Act - Facilitation Deed - Allegations of Fraud - can
invoke arbitration clause when agreement was rescinded -court can not grant inju
nction (1)
Arbitration & Conciliation Act - Jurisdiction of Indian courts or English courts
(1)
Arbitration & Conciliation Act - sec.11 (1)
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Arbitration - clause 70 of General conditions of contract - the term "FINDING" interpretation (1)
Arbitration - Tenders (1)
arbitration act (5)
Arbitration Act Sec.2(e)(1) and sec.42 - sec.15 (1)
Arbitration Act - disputes - Jurisdiction for setting aside award etc. (1)
Arbitration Act - No Arbitration clause (1)
arbitration act and corporation laws (10)
Arbitration and Conciliation Act (3)
Arbitration and conciliation Act - part 1 of Arbitration Act not applies to inte
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Arbitration and conciliation Act - contract disputes - absence of arbitration cl
ause (1)
Arbitration and conciliation Act - Despite of criminal proceedings and Despite o
f allegations of fraud and void etc. (1)
Arbitration disputes -in respect of charges (1)
Arbitration proceedings -Court can appoint any arbitrator other than prescribed
arbitrator as per the terms of agreement (1)
Arkansas Game and Fish Commission (Commission) (1)
arms act (1)
arrears of salary and leave encashment pertaining to her husband (1)
Art. 227 of Constitution of India - writ petition challenging the order and judg
ement of Appeal court in landlord tenant case (1)
Art. 23 (1)
Art. 32 and Art. 72 and 161 of Indian Constitution - Right to life - Delay in co
nsidering the mercy petitions by various accused in various offence by the Gover
nor/ President of India (1)
Art. 32 of Constitution of India -When Investigation by CBI be order? (1)
Art.14 of constitution - admissions to Medical colleges (1)
Art.21 of Constitution Section 170 of the Uttar Pradesh Revenue Code (1)
Art.226 of Constitution of India as sec.438 was omitted by Uttara Pradesh State
- Sec.419/420 of I.P.C - (1)
Art.32 of Constitution - direction to register FIR under sec.376-C (1)
Art.32 of constitution of India - Challenging the Working Journalists and Other

Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act (1)


Art.32 of Indian Constitution - hate speech - PIL- (1)
Article 2262 of the French Code Civil (1)
Article 54 of the Limitation Act (1)
ARTICLES (4)
ARTICLES ON PRONOTE (5)
as co- driver (1)
As per Section 87 of the Rajasthan Municipalities Act as also Section 2(c) of th
e Prevention of Corruption Act (1)
As per Settlement Deed - Compromise entered into - duly attested by the counsel
of opp. party (1)
as the land was assigned in the year 1937 before G.O.Ms.No.1142 (1)
as the vessel had transgressed the required territorial limits (1)
as ultra vires the Constitution (1)
as well as for offences under Sections 452 (1)
ASSIGNED LANDS (2)
Asutralia (1)
at 40% - not correct -1/4 th correct (1)
at Kudankulam in the State of Tamil Nadu. (1)
attachment before judgment (1)
attachment of pension etc. (1)
attachment of the EP amount of Rs.1 (1)
attempt to murder (1)
audi alteram partem (1)
Avalon Resorts (P) Ltd. and Holiday Solutions (1)
Avanigadda Mandal (1)
Award of Interest - High court not granted interest on delayed payment of Pensio
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B.Ed. College (1)
b.ramana reddy (1)
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bail (4)
Bail - Jail - Bail granted by High court in appeal stage - challenged by state (
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Bail - transfer of case (1)
Bail Application - Code as well as Section 8 (1) (2) (3) of the Chhattisgarh Jan
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bail in economic offences (2)
Bail to J. JAYALALITHAA (1)
Balaji Steel Re-Rolling Mills Versus Commissioner of Central Excise and Customs
(1)
banded labour (1)
Bangalore - Cheque presented for collection at Gurgoan ING Vysya Bank (1)
Bangalore development act (1)
bank guarantee (5)
Bar Council Elections for the post of Chairmen (1)
Bar Licence - not granted (1)
bare injunction suit is not maintainable = (1)
bare injunction without a prayer for declaration of title (1)
Baroda (for short APMC ) (1)
beautiful judgement (1)
believing the testimony of PW-5 Srinivasan (1)
BELLARY MINING LEASES (1)
Benami Transaction (Prohibition) Act (1)
Benami transaction - Suit filed prior to the Act coming into force Would not be
hit by the prohibition u/s.4 of the Act. (1)
BENAMI TRANSACTION ACT (1)
Benami Transactions (Prohibition) Act 1988: s.4 - (1)
benefit of doubt (1)

BENEFIT OF DOUBT - TWO WEAPONS (1)


benefit of Karnataka Act 23 of 1994 (1)
between private medical college and State government quota (1)
Bharat Petroleum Outlet - Selection (1)
Bheemi Setty Nagaiah (D) by .... Appellant Lrs. (1)
Biding Nature of judgments of Apex court (1)
Bihar Consolidation of Holdings and Prevention of Fragmentation Act (1)
billing of port charges. (1)
Birth of third child on or after incorporation of sec. 19 (3) fasten the person
with disqualification irrespective of the death of a child after birth (1)
Black Listing - Show cause Notice - Non- mention of Black listing (1)
BLACK MONEY (1)
Block listing permanently - not correct (1)
BOMB BLASTS AT REPUBLIC DAY (1)
Both suits are remanded due to contradictory recordings for clubbing and disposa
l (1)
breach of condition of patta (1)
building permissions (1)
buildings and rent control act (2)
Burden lies on Husband when took plea that he was already married (1)
burden of proof (1)
BUT NOT BY ACCUSED - NO VALUE ON FACTS OF THE CASE (1)
by the order of cast panchayat elders (1)
c (1)
calculation of pension (2)
calls for a death sentence. (1)
can be re-designated as Assistant engineers (1)
can not direct the lower court to grant bail on the surrender of the accused (1)
Can the Session Judge issue summons under Section 193 Cr.P.C. (1)
cancellation of bail granted to the respondent herein.V. Vijay Sai Reddy (1)
Cancellation of Gift by third party (1)
Cancellation of Railway tender on technical point is not illegal nor arbitrary t
o interfere by courts (1)
capital gains (1)
case and counter case BJp (1)
caste certificate (1)
caste status (1)
ccident claim- M.V.Act - Leg amputated - Engineer - unmarried - aged 24 years now working as Desk job - does not bar him from getting financial loss (1)
cell phones (1)
censor board (1)
Census Commissioner & Others ... Appellants Versus R. Krishnamurthy ... Responde
nt (1)
Central Adoption Resource Authority (CARA) (1)
central excise act (4)
CENVAT Rules (1)
CESTAT has discretionary power under Section 129A (5) of the Customs Act (1)
challange to notification (1)
Challenging the validity of sec.43 of Bombay Tenancy & Agricultural Lands Act (1
)
Change report was set aside and the same was confirmed by Apex cour (1)
changing his date of birth (1)
Chapter III of Part VI of the Constitution deals with the State Legislature. Art
icle 168 relates to constitution of Legislatures in States and Art.212 (1)
charge sheet (1)
charges (1)
CHEATING - HAVING SEXUAL INTERCOURSE ON THE PROMISE OF MARRYING (1)
Cheque bounce - Stop payment - civil disputes - No offence in the absence of pro
of of hand loan - Hand loan (1)
cheque bouns jurisdiction (1)

cheque bouns specimen signature not talling (1)


Cheque dishonor case (1)
CHILD WELFARE (2)
cinematography act (1)
CIRCUMSTANTIAL EVIDENCE (1)
Circumstantial Evidence - 5 principles (1)
Circumstantial Evidence - Proof of the same (1)
Circumstantial Evidence - Suspecting the paternity of child - (1)
City Market Branch (1)
CIVIL APPEAL NO. 1240 OF 2005 Phool Patti and Anr. ...Appellants Versus Ram Sing
h (Dead) Through Lrs. & Anr. ...Respondents (1)
CIVIL APPEAL NO. 20 OF 2015 [Arising out of SLP (C) No. 921 of 2014] OM PRAKASH
(DEAD) TH. HIS LRS. .. Appellant(s) Vs. SHANTI DEVI & ORS. ..Respondent(s) (1)
CIVIL APPEAL NO. 3655 OF 2010 Diwan Singh ... Appellant Versus Life Insurance Co
rporation of India and others ... Respondents (1)
CIVIL APPEAL NO. 51 OF 2015 M/s Swati Ferro Alloys Pvt. Ltd. ... APPELLANT VERSU
S (1)
CIVIL APPEAL No. 7133 OF 2008 UNION OF INDIA & ANR. ......APPELLANTS Versus PURU
SHOTTAM .....RESPONDENT (1)
CIVIL APPEAL NO. 9972 OF 2014 KALA DEVI & ORS. APPELLANTS Vs. BHAGWAN DAS CHAUHAN
& ORS. .RESPONDENTS (1)
CIVIL APPEAL NO. 9999 OF 2014 State of U.P. ... Appellants Versus Km. Shashi Jos
hi ... Respondent (1)
CIVIL APPEAL No.5989 OF 2007 Nargis Jal Haradhvala ...Appellant (s) versus State
of Maharashtra and others ...Respondent(s) (1)
Civil court has no jurisdiction against the properties covered under Securitisat
ion Act.= (1)
CIVIL COURT JURISDICTION WHETHER BARRED UNDER SEC. 64(3) OF CENTRAL CHIT FUND AC
T 1982; DHR POWER TO EXECUTE ALL JDRS (1)
CIVIL PROCEDURE CODE (50)
Civil Suits - Equities (1)
claim of the assessee for depreciation under Section 32 of the Income Tax Act (1
)
Claim for damages of flooring tiles by Hostel - Hostel Non-commercial not a cons
umer - failure to prove damage - So complaint not maintainable (1)
claimants are entitled to same compensation fixed on relied judgement in the abs
ence of negative grounds (1)
CLAIMS (1)
clarification of orders of apex court (1)
clause (11) of Section 2 of the Code of Civil Procedure (1)
Co-operative Societies Act - Auction was conducted with the permission and by fo
llowing due procedure (1)
Coal mines - allotment of blocks through screening committee but not by public a
uction - challenged - quashed (1)
Code of Criminal Procedure (2)
Code of Criminal Procedure (Madhya Pradesh Amendment) Act of 2007 (1)
cognizance under Sections 406 and 420 of the Indian Penal Code (for short the IPC )
(1)
Cold Storage (1)
COLLECTOR SINGH ...Appellant Versus L.M.L. LTD. (1)
comes to material suppression- No claim (1)
common intention (1)
Commuted Death sentence to life (1)
commuting the death sentence= (1)
Company Owned Company Operated outlets (COCO) as a means to enable National Oil
Companies to run and operate their own outlets which were to be run as model ret
ail outlets. (1)
company must be added as accused (1)
company petition (2)
Company petitions - Dream Project - Joint venture - disputes arose (1)

compassionate employment (1)


COMPENSATION (4)
Compensation can be granted on bit sales on boundary lands - deduction should be
given reasonably basing on locality and amenities etc. (1)
compensation for arrest (1)
compensation for wrongful detention by abusing the police powers - apex court gr
anted 2 lakhs (1)
compensation only awarded to the workman (1)
compounding of offence under Section 211(7) of the Companies Act. (1)
compromise (1)
compromise decree (1)
compromise partition decree is a final decree - an executable one as nothing lef
t open (1)
computerization of the 38 Octroi posts and Octroi Departments situated at variou
s locations of the Municipal limits of Respondent No. 1 Corporation. (1)
condition challanged (1)
condonation of delay (1)
Condonation of Delay does not arise under sec.28 A of Land acquisition act (1)
condone delay of 10 years (4)
CONDONE THE DEALY OF 2500 DAYS (1)
condone the delay (1)
Confirmation of conviction with out assigning valid reasons - not valid and as s
uch remanded to consider afresh (1)
Conflicting Decisions - No - whether the excess payment can not be refunded (1)
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (1)
CONSTITUTION OF INDIA (22)
Constitutional validity of grant of rebate of tax by the State Government by iss
uing a notification under Section 5 of Uttar Pradesh Trade Tax Act (1)
constitutional validity of Section 32A of the NDPS Act (1)
constitutional validity of the National Tax Tribunal Act (1)
CONSTRUCTIVE RESJUDICATE (1)
Consumer Act -Commercial building does not come under consumer Act (1)
consumer case (1)
CONSUMER CASE - CT Scan damaged - claimed Rs.7 lakhs and odd - repair was done i
n the absence of surveyor (1)
consumer forum can grant stay at appeal stage (1)
CONSUMER PROTECTION ACT (24)
consumer under Section 2 (d) of the C.P. Act. (1)
Contempt Act sec.14 - Shouting at court - (1)
contempt of court (15)
Contempt of court - Giriraj Kishore 96 years- not in a position to respond to th
e query because of hearing impairment and feeble mental condition. (1)
Contempt of court - 2 G spectrum scam (1)
Contempt of Court - Articles in Hindu on report of Kuldip Singh Commission's rep
ort - (1)
Contempt of court - failure to create a new post as per the orders (1)
Contempt of court - High court imposed fine of Rs.20 (1)
Contempt of court - No confidence Motion - sec.28(2) of Panchayat Act (1)
Contempt of Court - No violation - No willful disobedience (1)
Contempt of court - when apology tendered is a bona fide one (1)
contempt of court =Advocate on record - refused to attend before the court when
pressed his presence (1)
Contempt of court arose when (1)
contempt petition (1)
Contempt petition - whether the petitioners would be entitled to the benefit of
judgment dated 14.3.2012 passed in the case of BPSL or not (1)
Contempt petition - violating the interim order given in respect of sharing of M
BBS AND BDS ETC (1)
Contributory Provident Funds Scheme (for short the C.P.F. Scheme ). (1)
conversion to hinduism (1)

converted to christian not entitled for sc benefits (1)


copy to copy document can not be received as secondary evidence (1)
Copyright Act (1)
COPYRIGHTS ACT (2)
corporate law (1)
corporate laws (15)
corporation laws (5)
court can take aid of sec.106 of Indian Evidence Act to do justice (1)
court fee (1)
court fee - non payment - DCF can be cured -yes- (1)
COURT FEE AND SPECIFIC RELIEF ACT (1)
court martial (1)
court should not reject the same- Dismissal main case should not absolve the lia
bility of contemnor = (1)
Cr.P.C. (1)
crane hire charges and interest. (1)
Credit Rating Agency ( CRA ) (1)
creditworthiness of the creditor (1)
creed (1)
Cries of Child Victims (1)
CRIMINAL APPEAL NO. 2371 OF 2010 Raghuvendra ..Appellant Versus State of M.P. ..
Respondent (1)
CRIMINAL APPEAL No.1167 OF 2011 Hari Om Appellant(s) VERSUS State of Haryana & A
nother Respondent(s) (1)
CRIMINAL APPEAL NO.47 OF 2014 |PARGAN SINGH | (1)
CRIMINAL APPEAL No.906 OF 2012 Nand Kumar Appellant(s) Versus State of Chhattisg
arh Respondent(s) (1)
CRIMINAL APPEAL NOS.493-495 OF 2009 Inder Singh & Ors. .....Appellants Versus St
ate of Rajasthan .....Respondent (1)
Criminal complaint under sec.406 and sec.6 of the Dowry Prohibition Act - agains
t the Grand father (1)
criminal contempt of court (2)
CRIMINAL PROCEDURE CODE (69)
Crompton Greaves (1)
Cryptic and non-speaking orders not maintainable and are liable to be set aside
(1)
Cryptic orders - Remand for fresh consideration (1)
culpable homicide not amounting to murder under Section 304 (1)
Curable mental disorder -No ground for divorce (1)
Custody of Child (1)
custom (2)
customs act (2)
cut off date for starting the professional courses (1)
CUT OFF DATE (1)
CYBER APPELLATE TRIBUNAL (1)
D.N.A. - test - Divorce proceedings - after filing a child was born (1)
Dacoity - under sec.379 I.P.C r/w sec.102 B of I.P.C - No proper arrest - No pro
per test identification - No proper recovery - No conspiracy was proved (1)
Damage to the crop due pesticides - not proved; Claim by other persons who names
not mentioned in the purchased Bill (1)
damaging his reputation by the court is unwarranted (1)
dated 18.06.1954 (1)
dated 29.09.2001 Challenged. (1)
Deaf & Dumb persons - transport allowance on par with other Blind & Orthopedical
ly handicapped government employees (1)
dealers for superior kerosene oil and light diesel oil (SKO-LDO) (1)
dealership of the site located at Thane Belapur Road (1)
Death - Strangulation - Case Reg. under sec.174 Cr.P.C. as Suicide & Reported after one year Fir was Reg. under sec.302/34 (1)
Death certificate -Where funeral conducted (1)

Death commuted to Life Imprisonment (1)


DEATH CONFIRMED (1)
Death due to accidental fall from upstairs - No proof claim repudiated (1)
death penalty converted in to life sentence (1)
Death penalty to imprisonment for life (1)
Death sentence - converted to imprisonment (1)
Death sentence commuted in to life imprisonment (1)
Death sentence commuted to life imprisonment (1)
Death sentence commuted to life imprisonment - as it is not a rarest of rare cas
e = (1)
Death sentence converted in to 30 years without remission (1)
Death was caused by head injuries - as per doctor head injuries may be Acquittal
caused by iron pipe - No oral evidence that any one of the accused caused 1 - 4
heard injuries with iron pipe (1)
death was due to asphyxia by throttling (1)
Debt Recovery Appellate Tribunal (for short the DRAT ) (1)
Debt Recovery Tribunal - Auction Sale - third party purchaser - a bonafide purch
aser in public auction (1)
declaration (1)
DECLARATION & POSSESSION (1)
Declaration and for recovery of encroached portion - Amin commissioner report he
ld incomplete (1)
declaration of the Juvenile Justice (Care and Protection of Children) Act (1)
Declaration of title and possession - Burden of proof - Burden always lies on th
e plaintiff (1)
DECLARATION SUIT AND INJUNCTION (1)
Declaration suit that the agreement of sale dt. 17.08.1995 stood cancelled posse
ssion was delivered under it (1)
declaring sub-section (4) of Section 8 of the Representation of the People Act (
1)
deduction of 10 % is appropriate but the deduction of 1/3rd is harsh in market v
alue (1)
DEFAMATION (1)
defamatory. (1)
DEFEMATION (3)
degree of Master of Computer Applications is a technical course (1)
delay (2)
delay fir not fatal (1)
delay in courts (2)
delay in disbursal and part non-disbursal of a loan (1)
delay in filing permission to cross examination (1)
delay in filing written statement (2)
Delay of 5 1/2 years - denied (1)
Delegatus Non Potest Delegare: A delegate has no power to delegate (1)
Delhi Sales Tax Act (1)
Delhi Excise Act sec. 33 (1)
Delhi Rent control Act - Leave to defend - Bonafide requirement of shop (1)
Dental college renewal of permission (1)
Departmental enquiry - charges proved and upheld from bottom to top - But D.B. m
odified the punishment (1)
Deposit of Title Deeds - Registration when requires ? - Mutation of entry in Rev
enue records about mortgage when arises (1)
dereliction and gross negligence in the discharge of their duties (1)
despite the sole eyewitness to the incident turning hostile (1)
detention order passed under the provisions of the Conservation of Foreign Excha
nge and Prevention of Smuggling Activities Act (1)
Development of Industries -New Industrial Policy scheme in North- Eastern Region
- (1)
Devender Pal Singh Bhullar (1)
direction to investigate (1)

directions under the Narcotics Drugs and Psychotropic Substances Act (1)
discharge (1)
discrimination towards female child (1)
Disfigure of face to an artist in cinemas (1)
dismissal from service (2)
dismissed from service at preliminary enquiry stage - with out forming opinion w
hether to conduct regular inquiry or not - not valid (1)
Divorce - Permanent alimony (1)
Divorced Muslim wife petition for maintenance under sec.125 Cr.P.C. is directed
to be converted suo-moto by Magistrate and directed to decided the same under MW
P ACT (1)
Doctor's opinion about the injuries - cause of death not necessary (1)
Doctrine of Equality in awarding punishment in departmental proceeding (1)
Doctrine of Prospective (1)
Doctrine of Public Trust - Sale of property by public or private - Cachar Tea Fa
rming and Industrial Cooperative Society (1)
document admissible (1)
DOES NOT HAMPER THE CONVICTION (1)
DOMESTIC VIOLENCE ACT (6)
dowry death (1)
Dowry death - three dying declarations. - clouds of doubts surrounded - Acquitta
l justified (1)
Dowry death - proved beyond all reasonable doubts (1)
DOWRY HARASSMENT CASES (23)
Dr. Balwant Singh Appellant(s) Versus Commissioner of Police & Ors. Respondent(s
) (1)
driver of the said taxi involved in the offenceundergone seven years and six mon
ths in jail (1)
DRT - Recovery of Debts due to Banks and Financial Institutions Act (1)
DRTs and DRATs suffer from severe infrastructural constraints. (1)
DRUGS AND COSMETIC ACT (1)
dual benefit under the two enactments. (1)
dvc (5)
dying declaration (3)
Dying declaration - if not died can be considered as sec.164 statement (1)
Dying Declaration - no corroboration needs (1)
Dying Declaration - Statement recorded become as Dying Declaration after his dea
th - Sanctity of the same - when it was not recorded word by word (1)
Dying declaration evidiantry value of (1)
dying declarations (1)
E. Bapanaiah Appellant Versus Sri K.S. Raju etc. Respondents (1)
EASEMENT ACT (3)
ec.138 N.I.Act - Sec.147 of N.I.Act - compromise before Lokadalat - in compromis
es court has got jurisdiction to relax the guidelines mentioned in Damodar (1)
Education - Art. 14 & 19 - Right to practice (1)
Education - clause (5) of Art. 15 of Constitution - Constitutional Validity of A
dmission to socially and (1)
Education -Instructions of Medium only in mother tongue or Kannada - constitutio
nal court declared as un constitutional (1)
Education act (8)
EDUCATION FOR IMPAIRED PERSONS (1)
Education in mother tongue or regional language can be imposed by the state gove
rnment (1)
EducationAll India Institute of Medical Sciences (AIIMS) - allegations that the
ALLMS is not strictly adhering to the reservation policy (1)
ELECTION CASES (10)
election promises (1)
Electricity Act (1)
electricity act (1)
Electricity Act - Promissory estoppel - Kerala state Govt. Policy to supply unin

terrupted electricity for new industry units if established in Kerala (1)


Electricity Act -payment of CSS to WESCO- SEZ - PPA (1)
Electricity Act 2003 sec.151 and amended sections sec.151 A (1)
Electricity Act old and new sec.22 (1)
Electronic Records - Admissibility - Secondary Evidence ? - Primary Evidence ? (1)
eloped out of free will - has no place (1)
else court can draw presumption under sec. 113 B of Evidence Act (1)
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) A
ct (1)
EMPLOYMENT GURANTEE (1)
ENCHROCHMENTS (1)
Encroachment of the street - (1)
ENDOWMENTS . SPECIFIC RELIEF ACT (1)
endowments act (1)
Enforceability of Foreign Awards under Section 48 of the Arbitration and Concili
ation Act (1)
Enhancement of compensation - insurance claim (1)
entered into a criminal conspiracy to cheat the Regional Passport Office (1)
Entrusting the investigation to the CBI (1)
Environment Protection Act (1)
ENVIRONMENT AND CORPORATE LAWS (2)
environmental clearance (1)
erstwhile French Establishment. (1)
etc. (1)
etc.) Act (1)
evacuee property (2)
Even if the prosecutrix is of easy virtue/unchaste woman whether the accused com
mitted rape on the victim on the occasion complained of. (1)
Eviction case - in the absence of dispute about legal status of petitioner - no
court should not misdirect itself for stray entire in one of the record (1)
EVICTION OF PETROL STATION (1)
EVIDENCE ACT (6)
Evidence Act sec.112 and sec. 45 - conflict between sec.112 and DNA TEST - DNA T
EST PREVAILS OVER THE PRESUMPTION (1)
Evidentiary value of Circumstantial Evidence - Extra Judicial Confession (1)
Evidentiary value of Dying Declaration: (1)
Ex-cadre post - promotion etc. (1)
examination of witnesses (1)
Excise & Gold (Control) (1)
excise duty (2)
Excise duty - Paid under protest on supply of raw material - (1)
Execution court powers - Trial court dismissed the execution petition on the gro
und that the civil court has no jurisdiction to pass a decree as it was covered
under Mundkar Act. (1)
Execution Petition (1)
exempt from excise duty. (1)
exparte dismissal orders passed (1)
Extra Judicial Confession (1)
Extra-ordinary delay even charge sheet not filed due to Non- Availability of ori
ginal records of misappropriation - FIR is quashed (1)
f the Indian Limitation Act (1)
FAILURE OF INVESTIGATION OFFICER (1)
failures of Appellate court (1)
FATAL ACCIDENT ACT (1)
Fate of interim injunction order after return of the plaint on the point of juri
sdiction ? (1)
FERA (1)
final decree petition (1)
Fire Accident - Insurance = Surveyor s report has significant and evidentiary valu

e (1)
fire polices (1)
Food and Supplies Department is not an appellate authority West Bengal Kerosene
Control Order (1)
Food Adulteration case (1)
for short) (1)
for 10 liters of ID Liquor sec.8 applies but not sec.55 (a) - trial court convic
ted (1)
for 5 years (1)
for granting bail under MCOCA. (1)
for quashing the criminal proceedings (1)
for quashing the proceedings under Sections 403 and 406 of Indian Penal Code (1)
For Taking cognizance under sec. 504 of I.P.C.- NO VERBATIM NECESSARY (1)
for the opinion of an expert as to the genuineness (1)
foreign divorce (1)
Forest Act (1)
Forest (Conservation) Act (1)
forfeited its right to appoint the arbitrator (1)
Fraud in Sale of 1/4th share (1)
fraud on court (1)
Fraud on party also void one (1)
FRAUDULENTLY OBTAINED DISCHARE FROM CRIMINAL CASE (1)
free gifts as did in tamilnadu (1)
free legal aid (1)
Frustration of Contract - section 38(v) of the Wildlife (Protection) Act (1)
Ganga Rape of a woman - Reliefs to victim granted by Apex court - who loved othe
r cast man (1)
Gas sale Agreement (1)
General Education Department of the State of Kerala students bogus recordical ad
missions. (1)
GENERAL CLAUSES OF ACT (1)
APPELLANT Versus M/S SHIV SHANKAR TRADING CO. & ORS. .RESPONDENTS
GHANSHYAM SARDA
(1)
GIFT = WILL = SETTLEMENT DEED (1)
GIFT BY FATHER IN JOINT FAMILY PROPERTY (1)
Gift under income tax - credit-worthiness of the donor (1)
gift-tax (1)
giving bank loan on third party property (1)
GOLD QUEST INTERNATIONAL PRIVATE LIMITED (1)
GOLDEN TEA (1)
governing law of limitation in the Union Territory of Pondicherry (1)
Govt. Tenders (1)
Gramakantam (1)
Grand son can not file a suit on the personal property of grandfather during lif
e time of father (1)
grant of LPG distributorship (1)
Grant of Bail at Appeal Stage (1)
grant of exclusive privilege and the licence (1)
Grant of Patent rights - Drug Combination - A Non-Interacting Drug Combination for T
reating Hyperlipidaemia in Mammals . (1)
grant of study leave (1)
granted 6 months time as breathe taking time for allottees and CIL to manage the
ir affairs in view of cancellation of coal blocks (1)
granting licence for establishing distilleries under the Foreign Liquor (1)
Granting of protective relief even after withdrawal of suit can be granted so as
make the party to avail suitable remedy in correct forum (1)
GUARDIANS AND WARDS ACT (2)
Gujarat Cooperative Societies Act of 1961 (1)
Habeas corpus petition - Judicial Custody - Not maintainable (1)
hami patram (1)

HANG TILL DEATH - CONFIRMED (1)


Haryana Apartment Ownership Act (1)
Haryana Urban (Control of Rent and Eviction) Act (1)
has sent a list whereunder the said land is shown as Government land . (1)
having regard to the provisions of Section 85 of the Act. (1)
HDFC etc. for tele-marketing their products and services.- complaint = (1)
he can not rely on the weakness of defendant's record (1)
he is entitled for pensioner benefits (1)
he is not a heir of his deceased grand-father under Section 8 read with the Sche
dule of the Hindu Succession Act. (1)
held that the Principal Secretary (1)
hereinafter referred to as "the COFEPOSA Act (1)
hereinafter referred to as AIIMS . (1)
HIBA (1)
high court has to assign the reasons - in the absence of reasons (1)
High court jurisdiction (1)
High Court meanwhile disposing the main appeal on merit-Does not bar Supreme Cou
rt of consideration of correctness of High Court order condoning delay. (1)
Himachala Pradesh state amendment is with the view to provide impediment free re
servation in promotion to the Scheduled-Castes and Scheduled-Tribes (1)
Hindu joint family-Hotch Potch-self acquisition (1)
HINDU LAW (1)
Hindu Law - Partition suit - Presumption of Joint family -Exclusion of property
from partition- burden lies on whom once the partition was proved (1)
Hindu Law and Hindu Succession Act sec.6 - the property lies in the hands of fat
her becomes as a joint family property after the birth of the plaintiff (1)
HINDU MARRIAGE ACT (31)
Hindu Marriage Act - Jurisdiction of Indian court in respect of couples who appl
ied for foreign citizenship (1)
Hindu Marriage Act - Mental curelty (1)
HINDU MARRIAGE ACT SEC. 13 [1] [1A] & [III]She merely suffered from cognitive de
ficiency. which is not a ground for granting divorce (1)
Hindu marriage Act sec.13(1) (ia) - mere obtaining restitution of conjugal right
s is not a ground for Divorce (1)
Hindu Succession Act (1)
HINDU SUCCESSION ACT (9)
Hindu succession Act - scope of sec. 6 and sec. 8 (1)
HINDU SUCCESSION ACT - Section 23 - (1)
Hindu Succession Act Section 15(2)(a) of the Act (1)
HINDU SUCCESSION ACT KARNATAKA AMENDMENT IN RESPECT OF DAUGHTERS SHARE ON PAR WI
TH SONS (1)
Hindu Women's Right to Property Act as applied in the erstwhile State of Hyderab
ad (1)
his share of property is liable for partition or will be succeeded by his father
Venkata Raju by survivorship. (1)
housing board (1)
How appreciate the Evidence (1)
How to adjust payment made in the absence of specific mention about the appropri
ation (1)
How to assess evidence (1)
How to prove a partition (1)
HSBC (1)
human rights (2)
Husband bound to pay maintenance by doing labour also- in case of delay in court
proceedings (1)
identification of the respondents as the accused. (1)
if required to be Damages to the standing crop (1)
if no Award is made within that 2 years period (1)
IF IT IS OTHERWISE SOUND (1)
if she was kept in dark about first marriage = (1)

IF THE OWNER REFUSED TO TAKE CONNECTION IN HIS NAME (1)


illegal gratification (2)
Immovable property-Sale of-Right of pre-emption-Talab-Principle of (1)
IMPROPER ACCEPTANCE OF NOMINATION DESPITE OF SUPPRESSION OF MATERIAL FACTS - HIS
ELECTION IS VOID (1)
in individual capacity or Karta of his HUF. (1)
In a sudden a simple act of throwing stone does not comes under sec. 302 without
the prosecution proving the intention and motive on the part of accused who has
no previous score with the deceased (1)
In a suit governed by Article 65 of the 1963 Limitation Act (1)
IN ACCIDENTS (2)
in completing the houses. (1)
In the absence of any specific overt acts no person should be convicted under se
c.147 (1)
IN THE SUPREME COURT OF UGANDA (1)
IN THE SUPREME COURT OF UGANDA AT KAMPALA (1)
INAMS ABOLITION ACT (1)
income tax (5)
income tax - agreement of sale - another house purchased - no capital gains - (1
)
Income Tax Act - Section 45(5) - compensation of land (1)
incompetence of the builder as well as land owners (1)
incompetent investigating agency (1)
Indian Seamen held hostages by the Somalian Pirates in the international waters
(1)
Indian Easements Act (1)
INDIAN EVIDENCE ACT (7)
indian partnership act (1)
INDIAN PENAL CODE (22)
Indian Port Act sec. 34 - 2011 Policy - Except Licence (1)
Indian succession act (6)
Industrial Disputes Act (1)
Industrial dispute (2)
industrial dispute - casual labour (1)
Industrial dispute - Dismissed some workers as they disobeyed the management ord
ers - workmen contended it's a additional work with out any additional wages (1)
Industrial Dispute - Govt. order to pay Hill Development allowance to its employ
ees working at specified hill areas at the rate of 15% of the basic wage - (1)
Industrial Dispute Act - Since the claim was made after six years of termination
(1)
Industrial Disputes Act - Workmen - terminated the service (1)
Industrial Disputes Act sec. 25F (1)
information act (2)
Infrastructure Leasing & Financial Services Limited ... Versus B.P.L. Limited ..
. (1)
Injunction court has no right to comment on the documents genuiness (1)
injunction suit - title and possession (2)
Inquiry by CBI - rejected due to delay (1)
insisting on production of No Objection Certificate (NOC) from the revenue authori
ties as a pre-condition for entertaining the documents for registration as illeg
al and arbitrary. (1)
inspite of verification of complaint (1)
Insurance against floods - house and household articles (1)
insurance claims (12)
Insurance policy claim (1)
INTELLECTUAL PROPERTY APPELLATE BOARD (7)
inter se seniority in the promotional cadre (1)
inter se seniority (1)
INTER STATE WATER DISPUTE (3)
interest (1)

interim injunction (2)


Interpretation of a document whether it is will deed or settlement deed (1)
Interpretation of clause in the agreement of sale - Excise duty notice calling u
pon erst while owner is quashed (1)
intimation of theft was given to the Insurance Company after 83 days of theft (1
)
Introduction of EVMs with VVPAT system in Elections for transparency (1)
IPC (3)
IPC and sec. 306 of Cr.p.c - Approver - (1)
IPC. (1)
is a consent which excludes the offence of rape. (1)
is a well-settled principle. - Powers of Land Manger of the Port trust - lessee
did unauthorised constructions (1)
IS ONLY AN EYE WASH (1)
is valid (1)
is non-entia and whether no prosecution can lie on such complaint? (1)
it does not mean that entire case is false (1)
it is for the arbitrator to decide in the first instance whether the covenants n
ot to compete are valid as a matter of applicable state law (1)
it was not open to give a finding on the main issue relating to maintainability
of the suit and the family settlement reached between the parties (1)
Jharkhand State Electricity Regulatory commission and Electricity Act 2004 and 2
004- power to fix tariff (1)
John Kennedy & Another ... Petitioners Versus Ranjana & Others ... Respondents (
1)
JUDICIAL INDISCIPLINEand disregard (1)
Junior Machine Operator - Data Entry Operator (DEO) Grade A (1)
jurisdiction of a Single Judge and of Benches of the Court. (1)
JURISDICTION AND POWERS OF GRAMA SABHAS / NYAYALAYAS - NEWLY FORMED FOR QUICK DI
SPOSAL OF CASES (1)
jurisdiction cheque bouns (1)
jurisdiction emails (1)
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = (1)
jurisdiction of criminal court (1)
JURISDICTION OF SMALL CAUSE COURTS IN EVICTING GRATUITOUS LICENSEE (1)
Jurisdiction of TDSAT -Challenge to the Regulations framed under sec.36 of Telec
om Regulatory Authority of India Act (1)
Juvenile Justice (Care and Protection of Children) Act (1)
Juvenile Justice (Care and Protection of Children) Act (1)
Juvenile Justice (Care and Protection of Children) Act (1)
Juvenile Justice (Care and Protection of Children) Act (1)
Juvenile Justice Act - Delhi Rape case - one of the Accused is a juvenile -Chall
enging the provision of JJ Act- (1)
JUVENILE JUSTICE ACT 2000 (3)
KANPUR ..Respondent (1)
Karnataka State K.V. Industries Board .....APPELLANT VERSUS Punjab National Bank
& Ors. ....RESPONDENTS (1)
Kerala Building Tax Act (1)
Khasara entries do not convey title (1)
KIDNAP AND MURDER OF A CHILD FOR RANSOM (1)
KRISHNA @ KRISHNAPPA . Appellant Versus STATE OF KARNATAKA . Respondent (1)
Kudankulam Nuclear Power Project (KK NPP) (1)
L.A.Act - Compensation for Building - guess estimate is not warranted when Ext.C
-3 Valuation Report is available on record for reduction of value fixed already
(1)
L.A.Act - Sec.28 (1)
LA Act - Deduction for amenities etc. (1)
labour laws (4)
Labour laws - Notification for abolition of contract Labour engaged in DAP plant
(1)

LAND ACQUISATION (2)


LAND ACQUISATION ACT (17)
Land Acquisition - compensation on different classifications for unauthorized la
nd owners as per G.O.Ms.No.639 (1)
LAND ACQUISITION - FIXATION OF COMPENSATION FOR DIFFERENT LANDS UNDER ONE NOTIFI
CATION (1)
Land acquisition - Rejection of Sale Deeds on surmises not valid (1)
LAND ACQUISITION - SEC. 4 (1)
Land Acquisition - Sec.4 notifications - Sec.5 A objections - not considered (1)
Land Acquisition -Sec. 18 of L.A.Act - enhancement of compensation (1)
LAND ACQUISITION ACT (6)
Land Acquisition act -10% escalation of price (1)
Land acquisition Act - (1)
Land acquisition Act - Award passed -Award stood cancelled as possession not tak
en - stay not bars - New Act applies (1)
Land Acquisition Act - enhancement of Market value - by applying principle of 12
% increase per year (1)
Land Acquisition Act - fixation of market value (1)
Land Acquisition Act - sec.30 & sec.18 references -Collector award 1985 Sec.30 d
isposed in 1991- with in 6 weeks applied for sec.18 reference - (1)
Land Acquisition Act - Sec.5 A and sec. 6 - on objections under sec. 5 A the lan
d acquisition collector exempted the land from acquisition as the buildings are
in existence as per policy (1)
Land Acquisition Act = Advance possession payment of compensation like rents as
fixed by LAO - enhanced by District court under sec.18 reference = (1)
Land Acquisition Act sec.18 (1)
Land Acquisition Actappellant- sec.4 notification (1)
Land and Trees Act (1)
Land Laws - Bihar Consolidation of Holdings and Prevention of Fragmentation Act
(1)
LAND REFORMS ACT (2)
Last seen theory - not established - 6 days gap not explained properly (1)
law of pre-emption (2)
LAY OUT OF PLOTS (1)
lease (1)
LEELA RAJAGOPAL & ORS. -2014 - Sept. Month - http://judis.nic.in/supremecourt/fi
lename=41890 (1)
Legal Remembrancer s Manual (for short (1)
leniency in sentence (1)
Letter of deceased which can not be treated as Dying Declaratio (1)
Liability of directors under sec.141 - there must be specific pleadings against
the accused to fasten liability under sec.138 of Negotiable Instruments Act (1)
Licence is must under sec.394 (1)(e) of the Bombay Municipal Corporation Act (1)
life imprisonment (2)
like ICICI (1)
LIMITATION ACT (2)
Limitation Act - Article 55 of the Limitation Act (1)
Limitation Act - suit for declaration - 3 years from the date of cause of action
-mere correspondence does not extend the limitation (1)
LIMITATION FOR EXECUTION (3)
loans and recovery (1)
Lokayukt Act -Vs- Vidhan Sabha (1)
long pendency of stayed matter (1)
Loose sale forefeet the benefit of S.S.I. Notification No. 1/93-C.E. (1)
M.P. Accommodation Control Act (1)
M.V. ACT (1)
M.V. ACT - ACCIDENT CLAIM (1)
M.V. Act - COMPENSATION TO A CHILD (1)
M.V. Act - Death of a 19 year old Engineer student - Apex court enhanced compens
ation to Rs.7 (1)

M.V. ACT - INSURANCE CLAIMS (1)


M.V. ACT - WORKMEN'S COMPENSATION ACT (1)
M.V. Act -accident claim (1)
M.V.Act - Accident Claim - Lost right hand - 70% damage - Engineer graduate - wo
rking in overseas company - Salary certificate not produced (1)
M.V.Act - Accident claim -Insurance claim (1)
M/S Jagdish Food Private Limited (1)
Madhya Pradesh Road Transport Corporation (hereinafter referred to as MPRTC - Ind
ore Development Authority - (1)
Maharashtra Housing and Area Development Act (1)
Maharashtra Rent control Act - vs- Public premises Act (1)
Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam (1)
mandtory injunction (1)
manipulation of F.I.R. (1)
Mansagar Lake - Development scheme on private partnership (1)
marine casualties (1)
Market fee on castor seeds purchased by company in the market area of Agricultur
al Produce Market Committee (1)
material contradictions (1)
matrimonial disputes (1)
Medical college permission (1)
Medical negligence (7)
Medical Negligence - Angiography - aorta dissection - sever pain - right leg run
s down -no pulse sensation (1)
MEDICAL NEGLIGENCE - JURISDICTION- LIMITAION - LOCUS STANDI OF THIRD PARTY TO CO
NTINUE AFTER THE DEATH OF COMPLAINANT (1)
Medical Seats - Defects are rectified pending only for inspection and verificati
on and certification - time is going to be lapsed by 30-9-2014 - Apex court gran
ted interim orders (1)
medicine course (1)
Mercy petitions - Extraordinary delay in disposing of mercy petition by the offi
ce of President - with out the fault of accused are entitled for commutation of
death sentence (1)
MERE ABSENCE OF EXTERNAL INJURIES ON BODY OF VICTIM - IT CAN NOT BE PRESUMED AS
CONSENT SEXWhen benifit of doubt arose (1)
mere classification of land as Assessed Waste and the entry in the revenue recor
d that it belongs to the Government do not determine the title (1)
Mere Delay in sending FIR not fatal to the prosecution (1)
Mere demand of dowry in absence of cruelty can not fasten any liability = All fa
mily members are not liable for Dowry death case under sec.304 B I.P.C. r/w sec.
113 B of Evidence Act (1)
mere non-joining of an independent witness (1)
mere promise to marry is not an offence after breaking down (1)
mesneprofits (1)
mid-night murder. (1)
Military service - while in service (1)
mines and menerals (1)
Minimum age limit for appointment of District & Sessions Judge in A.P. = no mini
mum age limit (1)
mining act (3)
Mining lease - cancellation (1)
mining leases in Bellary district and two in Chitradurga district (1)
Ministry of Environment and Forests (MOEF) (1)
Mirasadar RightsRights of Occupany tenants (1)
Misquoting of provisions - sec.55 (a) applies other than arrack - after amendmen
t in 1996 (1)
MISTAKE OF FACT (1)
Mistake on the face of record (1)
Mitigating circumstances - for commuting death to life - Residual Doubts (1)
Modification of sentence - Sec.420 I.P.C. - Public servant gave false certificat

e as landless poor for obtaining land from Govt. - (1)


modification of status quo order (1)
MODVAT (1)
MODVAT - REFUND OF THE SAME WITH INTEREST AFTER 30 DAYS - (1)
MOHAMMEDAN LAW (5)
Mohammedan Law - Conditional Gift - Life Estate - Transfer of Corpus but not usu
fruct - any condition not to alienate is void (1)
monitor the investigation (1)
monopoly by govt. (1)
Mortgage & Section 52 of the Transfer of Property Act (1)
mortgage etc. (1)
motive is not a very strong one (1)
MOTOR ACCIDENT CLAIM (1)
MOTOR VEHICLES ACT tax (1)
MOTOR VEHICLES ACT COMPENSATION (23)
Motor Vehicles Act Section 149(2)(a)(ii) = Breach of conditions under Section 14
9(2)(a) of the Motor Vehicles Act (1)
motorcycle accident - personal injury (1)
Mullaperiyar Dam (1)
Municipal Corporation of Greater Mumbai (for short (1)
Municipal Corporation of Greater Mumbai- pull down the building numbers 13 (1)
Murder - Child Witness (1)
Murder - Circumstantial Evidence - mere Recovery of M.O. with out connection (1)
Murder - No last seen theory proved - No Test Identification was conducted - mat
erial witness not examined - Blood stains and finger prints not compared (1)
MURDER - NOT SUICIDE - (1)
MURDER CASE (45)
MURDER CASE - BENEFIT OF DOUBT (1)
Murder Case - Lost seen Theory - mere non explanation of Accused - does not lead
to conviction in the absence of proof of Motive (1)
Murder Case - Suppression of genesis of the case - entitled for benefit of doubt
(1)
murder converted to grievous injury (1)
MURDER OF WIFE (1)
muslim partition suit (1)
Muslims - purchase from joint funds liable for partition (1)
mutual divorce - no personal attendance of party (1)
N.D.P.S. Act (1)
Nagar Panchayat (1)
namely (1)
Nar Singh .Appellant 3 Versus 5 State of Haryana .Respondent (1)
narmada bachavo (1)
NASA (1)
National Pharmaceutical Pricing Authority (NPCA) under the DPCO (1)
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (1)
NDPS ACT (5)
NDPS ACT ABOUT SEC.32 A (1)
NDPS Act - Sec.23 and 29 - trial court acquitted under sec. 29 but convicted und
er sec. 23 of NDPS Act - failure to prove transport from foreign land (1)
NDPS Act = Search and seizer is a mandatory under sec.42 and sec.50 = Balbir sin
gh principle - (1)
NDPS ACT SEC.50 [1] NOT MANDATORY IN SEARCH OF OTHER THAN PERSON (1)
negligence of the doctors -septicaemic shock and multiple organ failure (1)
NEGOTIABLE INSTRUMENTS ACT (30)
New subrule 3A in rule 4 of Order XXII (1)
next friend - guardian (1)
Nimmagadda Prasad .... bail (1)
no ground exists to attach the property under Section 146 (1)
No - Quash Sec.482 Cr.P.C. - Section 420/120B IPC - High court misapplied the la
w and quashed the FIR (1)

No 417 and 419 of I.P.C. (1)


No agreement of sale is necessary (1)
No amendment is necessary - it can be lead in evidence (1)
no bail (1)
No bail when there is history of involvement of number of crimes and when there
is possibility of tampering of witnesses (1)
NO BLOOD STAINED CLOTHES (1)
No case was made out under sec.498 A (1)
no comments at interlocutory stage (1)
no criminal case be registered on the (1)
NO DISTURBED SCENE OF OFFENCE (1)
NO INJUNCTION AGAINST TRIBUNAL ORDER (1)
no insurance (1)
no lease (1)
no lenient view (1)
No medical negligence (2)
no offence be fasten for mere possession (1)
no panch witnesses not fatal - no proper explanation under sec.313 (1)
no part of the cause of action had arisen LACK OF JURISDICTION (1)
no police aid with out notice to other side (1)
no posts should be filled from the selected list (1)
no private transfer when mortgagedthe State Financial Corporation Act (1)
No reduction of sentence (1)
NO REDUCTION OF SENTENCE ON THE GROUND OF COMPROMISE IN THE ABSENCE OF ANY CHALL
ENGE TO THE CONVICTION (1)
No remand in insolvency case (1)
NO RESJUDICATE (1)
no signatures (1)
No tenancy - suit for possession maintainable (1)
No writ is maintainable when alternative remedy is available in criminal procedu
re code when police fail to register a case (1)
Non allotment of site as per allotment letter even after 11 years after depositi
ng entire amount for constructing Jain temple by Authorities on lame excuses is
nothing but deficiency of service = (1)
non- explanation of the injuries by the prosecution (1)
Non- framing of charge cause no prejudiced (1)
Non- official as co - accused can be prosecuted along with other official accuse
d by Special court (1)
non-appointment to the post of a Civil Judge in Andhra Pradesh (1)
non-consideration of his case for promotion (1)
None of the Above (NOTA) may be provided in EVMs so that the voters (1)
not a fit case for grant of bail. (1)
not amounting to murder (2)
not be said to be barred by limitation as encroachment on a public street is a c
ontinuing wrong (1)
not entitled to claim insurance (1)
not liable for old dues as purchased in court proceeding (1)
not to interfere with magistrate court powers (1)
notional increase in land value (1)
Novation of Contract (1)
NSC (1)
nti Corruption Bureau seized smuggled gold from the house of the accused-policeIf had no jurisdiction to take cognizance. Customs Act (1)
O.M. CHERIAN @ THANKACHAN ..Appellant Versus STATE OF KERALA & ORS. .Respondents (
1)
Objection to withdrawal suit by impleader /defendant No.4- not maintainable (1)
offence under Sections 498A and 406 of IPC - quash ? (1)
offences punishable under Sections 498A (1)
on quantum of sentence (1)
On line business through Rediff.com (1)

on the plea of fraud (1)


on their application (1)
Once Company withdraw her intention to take the land acquired (1)
once retired no disciplinary proceedings (1)
One accused is acquitted due to non-mention of his name in FIR and also no attri
butions or overt acts against him ; Death penalty converted in imprisonment to l
ife (1)
or Section 304 (1)
Or. 22 (1)
Or. 40 (1)
Or. 47 rule 1 C.P.C - Or.1 (1)
Or. 7 (1)
Or. VIII (1)
Or.14 (1)
Or.2 rule 2 of C.P.C (1)
Or.21 (1)
or.22 (2)
Or.39 (1)
Or.41 (2)
Or.6 (2)
Or.7 Rule 11 C.P.C. - Rejection of plaintas the cause of action was ceased to ex
ists (1)
Or.VII (2)
oral dying declaration of the deceased (1)
Oral evidence - Doctor evidence - conviction (1)
oral gift - as per muslim law (1)
oral sale (1)
Order 21 Rules 94 and 95 of the Code of Civil Procedure (for short CPC ) (1)
Order - XXII Rule - 4 (1)
Order 1 Rule 10 of CPC (1)
Order 1 Rule 10 of CPC for impleadment as defendants (1)
Order 21 Rules 37 and 38 C.P.C (1)
Order 22 Rule 10 CPC (1)
Order 38 Rule 5 of C.P.C. (1)
order 39 (2)
Order 41 Rule 27 CPC (1)
order 6 (1)
Order 6 Rule 16 of Code of Civil Procedure (CPC) (1)
Order 8 Rule 10 C.P.C. (1)
order 9 (1)
order not maintainable (1)
Order VI Rule 7 of the Code of Civil Procedure. (1)
Order VI Rule 16 (1)
Order VI Rule 16 and Order VII Rule 11 of the CPC (1)
Order VII Rule 11 of the Code of Civil Procedure (1)
Order VII Rule 14 (1)
Order XV Rule 5 of the Code of Civil Procedure ( CPC for short). strike off defence
as he failed to comply the orders and filed written statement belatedly (1)
Order XVI Rules 7 and 21 and Section 151 CPC r/w 71 of evidence act (1)
Order XVIII Rule 4 of C.P.C. (1)
Order XXII Rule 4 (1)
Order XXII Rule 4 Sub-Rule 4 (1)
Order XXIII Rule 3 and Order III Rule 1 of Civil Procedure Code (1)
ORDER XXIII. WITHDRAWAL AND ADJUSTMENT OF SUITS (1)
Orissa Education Act (1)
orissa inam abolition act (1)
Orissa Municipal Act (1)
out rage of modesty (1)
ozomen - spurious drugs (1)
Panch Faisla. interpretation which contains a rider on the property not to alien

ate (1)
pari passu (1)
parol (1)
PARTIAL EVICTION NOT APPLICABLE TO THIS CASEWest Bengal Premises Tenancy Act (1)
partition (2)
partition - Will Deed (1)
partition list partition suit (1)
PARTITION SUIT (4)
partition suit - barred by limitation (1)
passport (1)
patent for the beta crystalline (1)
patent right granted was rejected = "Method for monitoring a Sensor"-" The Wind
Turbine Components and Operation (1)
Patient admitted as Dengue later said as aplastic anaemia which is called blood can
cer = patient died within 24 Hours - No Medical treatment Case record produced - No expert need be examined (1)
payment of advance tax does not mean discloser of income (1)
payment of deficit court fee (1)
Payment of Gratuity Act (1)
Payment of Interest - agreement of sale - not carried out due to non- sanction o
f permission Under Tenancy & Land Reforms Act was not granted to full extent (1)
Payment of interest on the refund of amount after cancellation of auction sale (
1)
PCA Act (1)
PD Act sec.3 - Detention order more than 3 months and for 12 months at a stretch
- not valid (1)
PD.Act (1)
pendency of mercy petition (1)
Pension Scheme by Autonomous University (1)
Pension would be granted only after completion of 15 years service = (1)
Periyar river - Environmental protection (1)
persistent demand for dowry and also the complainant was not allowed to meet the
deceased (1)
PERSONAL STAFF ON CO-TERMINUS BASIS (1)
Persons with Disabilities (Equal Opportunities (1)
peta valla case (1)
PG and Dental - Bulletin issued only Karnataka origin eligible to apply - challe
nged (1)
PIL (2)
PIL for checking the harmful soft drinks etc = (1)
planted witness (1)
point of jurisdiction (1)
Police Aid (1)
police case and private complaint (1)
POLICE ENCOUNTERS - PROCEDURE TO BE FOLLOWED (1)
police harassing the petitioners and hoisted false cases against their organisat
ion as they refused to withdraw their complaint before NHRC (1)
POLICE PROTECTION (1)
pollution (1)
power of state govt. in varying salary of constitutional appointee ; Binding nat
ure of judgment (1)
power to fix the final qualifying criteria (1)
powers of Khazi (2)
POWERS OF MAGISTRATE (1)
Presence of witness doubtful = (1)
Prevention of Corruption Act (1)
Prevention of Corruption Act and sec. 161 of I.P.C - BRIBE of Rs.265/- (1)
prevention of food adulteration act (6)
Principles of Natural Justice - verses - National security -Powers of court (1)
principles of Resjudicata (1)

Priority of Lien = Stock Exchange Lien over the Defaulter account - Rights of In
come Tax department (1)
private land = govt. land (1)
pro bono publico -Writ - not to appoint as Ministers who involved in serious & h
einous crimes (1)
proceedings taken against the dead person are totally void ab initio and non-est
. (1)
Production of Documents for inspection can be filed under sec. 27 of Arbitration
and conciliation Act (1)
professional misconduct (1)
PROMOTION (1)
Promotion and Seniority) Rules (1)
Promotion by considering the period of works done on adhoc basis (1)
Promotion to Deputy Municipal Commissioner - whether modified rules applies afte
r publication or after sanction of Govt. (1)
properties (1)
PROPERTY LAW AND SPECIFIC RELIEF ACT (10)
PROPOSED DONEE PURCHASED THE LAND LATER FOR CONSIDERATION (1)
protected tenant (1)
Protection of Rights and Full Participation) Act (1)
Protection of Women from Domestic Violence Act (1)
Protection of Rights and Full Participation) Act (1)
Protection of Rights and Full Participation) Act (2)
provident fund act (2)
provincial insolvency act (2)
provisions of Section 13(4) of the West Bengal Premises Tenancy Act (1)
Public interest Litigation - arose out of accidental death of petitioner's son t
o provide and to follow road rule - scope of the writ metamorphosed (1)
Public interest litigation questioning the appointment of Mr. U.K.Sinha as chair
man of SEBI (1)
Public interest litigations -Not maintainable when issues are pending in another
forum (1)
Punishments in so many cases in single transaction between complainant - accused
(1)
PURPOSE AND SCOPE OF SEC.313 Cr.P.C. EXAMINATION (1)
Quash - Private complaint - Ex-employees filed criminal complaint against the co
mpany on criminal charges (1)
Quashed FIR 498 -A (1)
quashed.the first information report registered under Sections 328 (1)
Quashing of CRIMINAL CASE - STING OPERATION - The expression sting operation seems
to have emerged from the title of a popular movie called The Sting (1)
quashing of 420 (2)
quashing of 498 A case (1)
Quashing of complaint - Medical Negligence - Judicial Negligence - (1)
Quashing of complaint made under Food Adulteration Act - Samples taken at Jail found Rice and Haldi took samples and send it for test - found substandard - Ma
gistrate took cognizance - (1)
Quashing of criminal case sec.420/120 B- Bank is the complainant - Accused who i
s not a public servant refund the civil liability to the Bank (1)
Quashing of FIR - allegations of corruptions against IAS cadre officer and other
s - Bihar govt. order for vigilance enquiry (1)
Quashing of FIR and Criminal Case - Sec.498 A (1)
Quashing of private complaint under Sections 34 (1)
question of cancellation of anticipatory bail. (1)
question of granting anticipatory bail. (1)
rail way accident claim (1)
railway tenders for running canteen (1)
Rajasthan Tenancy Act (1)
Rajasthan Sales Tax Act - Exemption from paying tax on new cement units (1)
Rajasthan Sales Tax Incentive Scheme 1989 & Central Excise duty -Central Excise

Tariff Act 1985-Section 4(4)(d)(ii) of the Act (1)


Rajasthan State Road Transport Corporation - orders of compulsory retirement (1)
Rape - Definition of Rape includes an attempt to Rape - Sec.114 - A of Evidence
Act - Presumption as to absence of consent in certain prosecutions of rape (1)
rape and murder (3)
rape and murder of a child (1)
Rape by Police in Custody - absence of medical examination about the Rape is not
fatal to the prosecution (1)
rape case (1)
Rape of a child of 3 years & murder (1)
Rape of minor (1)
rate of interest (1)
RATNA @ RATAN LAL AND ANOTHER . Appellants Versus STATE OF RAJASTHAN . Respondent
(1)
RDB Act (1)
re allotment of plot (1)
read with Section 114 of IPC - Powers of Appellant court - when to interfere wit
h acquittal orders (1)
read with Section 34 of the Indian Penal Code (1)
Recalling of Oral judgment (1)
rectification of decree (1)
RED LIGHT ON VEHICLES (1)
reduced from 10 years to served setence (1)
Reduction of Sentence - Embezzlement of Rs.43 (1)
reduction of sentence not correct (1)
referred to conciliation/mediation (1)
refund of (1)
REFUND OF PROCESS FEE (1)
refund of students amounts (1)
refused to receive the same by stating that respondent No.3-Tahasildar (1)
regarding parity between the employees of the Constituent Colleges of the Univer
sity and the State Government. (1)
REgistration act (4)
Regulation 15 of the Regulations be struck down (1)
Rehabilitation and Resettlement Act (1)
reimbursement of the amount paid to the teachers by way of leave encashment (1)
reinstated in service (1)
REJECTION OF NOMINATION PAPERS - FOR NON FILING OF ELECTORAL ROLL AS HE BELONGS
TO ANOTHER CONSTITUENCY (1)
rejection of plaint (1)
religion etc. (1)
relinquished his share in partnership by unregistered deed is valid (1)
relocation policy of the Delhi Administration and that one of the two plots earl
ier allotted to the appellants be retained and the remaining plot be surrendered
. (1)
remanded to the High Court for reconsideration of the LPA (1)
removing from the political post (1)
rent control act (1)
Rent Control and Eviction - Suit for ejectment and resumption of possession of l
and filed by respondents on the ground that appellant-tenant failed to pay rent
from 1986 (1)
Rent control case - Eviction case - Landlord - tenant - BONA FIDE OCCUPATION for
son (1)
reopen of evidence even not reserved (1)
repeated land acquisition proceedings against same family not good (1)
Representation act (1)
Representation of the People Act (1)
Requisition & Acquisition of land - Notification to resume Govt. lands given on
Grant and further on lease - Either the beneficiary or the Tenants can not resis
t (1)

res-judicata (1)
RESJUDICATE (2)
RESTORATION OF POSSESSION BY CRIMINAL COURT - WHEN ARISE ? SEC.456(1) Cr.P.C. (1
)
restoration petition or.9 (1)
Restricting to four floors the height of Wing C (1)
Retail Dealership - Hindustan Petrol corporation-Rejecting the selection order b
efore communication on mere technicality is not sound (1)
Retail out let - partnership firm - two partners relinquished their rights in th
e firm by agreement - one of the partner died (1)
Retd. Employee can not file a complaint before the consumer forum for his retire
ment benefits as he is not a consumer nor comes under the jurisdiction of consum
er forum (1)
retirement benefits can not be attached (1)
Retrial - (1)
Return of Cheque bounce complaints (1)
Revenue (Assn-IV) Department (1)
Revenue court compromise order can be challenged in civil court on the ground fr
aud (1)
Revenue courts are not the Civil Courts (1)
Revision powers in rent control cases (1)
right of private defence (1)
right of accused before number complaint (1)
right of accused in revision (1)
Right of Children to Free and Compulsory Education Act (1)
right to receive pension as per the revised formula. (1)
Right to adopt and to be adopted as a fundamental Right - or in alternative guid
e lines enabling adoption of children by persons irrespective of caste (1)
Right to die with dignity (1)
Right to health and medical care - Writ petition (1)
RIGHT TO INFORMATION ACT - (1)
Right to Vote & Right to Contest When arise (1)
rigor mortis (1)
Riot cases of Muzaffarnagar - U.P.- Apex court gave directions to the State and
Central Governments in respect of Directions relating to rape cases: (1)
Road Accidents - PIL - Art.32 of Indian Constitution - Apex court made some dire
ctions to follow = (1)
ROR proceedings.the opinion of the finger print expert does not bind the Court (
1)
Rs.6 (1)
RTI Act (2)
rule 1 and 2 C.P.C. - Scope of sec. 53 of T.P. Act and Scope of Or.2 rule 2 can
be decided at the time of the trial (1)
rule 1 and 2 of C.P.C. and Art.10 (1)
rule 1 C.P.C - sec. 33 A (1)
rule 1 C.P.C.- filing of written statement - time fixed in C.P.C - is only direc
tory not mandatory (1)
rule 1 CPC Appointment of interim receiver is not maintainable as the petitioner
received the amount from the respondent to put a stop to the litigation (1)
rule 10 - In a suit by partnership firm of two partners (1)
rule 10 cpc (1)
rule 10 impleading a party (1)
rule 11 Rejection of plaint - Pending sec. 80(2) C.P.C (1)
rule 11(a) C.P.C. - Election petition (1)
rule 17 amendment of plaint (1)
rule 17 c.p.c (1)
rule 17 cpc (1)
rule 17(2) and rule 19 - Appeal and Cross appeal - absence of appellant - heard
both appeals exparte and dismissed the appeal and allowed the cross appeal (1)
rule 2 (1)

rule 2 and 2 A of CPC - not maintainable in E.P. proceeding (1)


rule 2 of C.P.C. (1)
rule 27 of C.P.C. - again a petition for production of documents Pending appeal
( pending trial produced (1)
Rule 2A-Scope of-Disobedience or breach of injunc-tion- (1)
rule 3 and Sec.151 CPC - after 7 years of death (1)
rule 3 complaince (1)
Rule 30 of schedule II of Rules framed under Carriage by Air Act (1)
Rule 34 of CDA and Payment of Gratuity Act - Departmental enquiry - holding of G
ratuity of a retired person (1)
rule 4 (1)
rule 4 and or.1 rule 10 (1)
Rule 43-C of the Central Civil Services (Leave) Rules (1)
rule 5 - import of goods - custom duty paid (1)
Rule 57A (1)
rule 89 C.P.C. - Duty of court to determine the amount payable by Jdr after auct
ion done - amount determined belatedly - Jdr is not responsible (1)
Rule 89 CPC and Art.127 of Limitation Act - (1)
rule 9 (2)
rule of reservation of the Scheduled Castes (SC) and Scheduled Tribes (ST) in th
e promotion in the officer grade/scale in the appellant Banks. (1)
rule1 (1)
Rules 28 and 29 of the Andhra Pradesh Ancient and Historical Monuments and Archa
eological Sites and Remains Rules (1)
Rules 8 and 9 of the Rules (1)
Rules 8 and 9 of SARFAESI Act - between public notice and sale there must be gap
of 30 days - Mandatory one (1)
Rules 9 and 12 (1)
s. 13(3)(a)i) and 15(4)--Application for ejectment--Bona fide requirement of bui
lding by landlord-- (1)
s.149 CPC (1)
safai kamdars (1)
Sahara (1)
sale agreement is admissible (1)
Sale Deed purchased pending suit and against injunction orders (1)
sale etc. (1)
SALE OF GOODS ACT (1)
SALE OF PLEDGE SECURITES WITH OUT NOTICE UNDER SEC.176 OF CONTRACT ACT NOT VALID
AND LIABLE TO PAYCOMPENSATION (1)
sale with condition to repurchase is not mortgage (1)
sales tax (3)
Sales Tax - Works contracts - Lifts - The Constitutional Bench overruled the jud
gment of Kone Elevators- (1)
SANCTION FOR PROSECUTION NECESSARY OR NOT/ VALID OR NOT (1)
Sanction to prosecution - sec.19 of PC Act and sec. 465 of Cr.P.C. -High court c
an not interfere the on errors or defects of sanction at preliminary stage (1)
Sanction to prosecution is a conditional precedent (1)
Sanction to prosecution when necessary (1)
sandur mines (1)
SARFAESI Act (2)
Sau Shaila Balasaheb Kadam .. Appellant(s) -vs- Balasaheb Hindurao Kadam and ors
. .. Respondent(s) (1)
SC/ST - relaxing standards in departmental competitive examinations and in depar
tmental confirmation examinations. - (1)
Scheduled Tribe' was rejected. (1)
Scope and ambit of the powers and duties of Comptroller and Auditor General of I
ndia (CAG) (1)
scope of Or.18.rule 16 c.p.c. (1)
SCOPE OF SEC.120 -B;NON- explanation under Section 313 CrPC;WRONGFUL CONFINEMENT
AND MURDER (1)

scope of sec.149 of IPC (1)


Scope of sec.191 (1)
Scope of sec.301 and Sec.311 Cr.P.C. - Duty of court / Public prosecutor (1)
scope of Section 53A of Transfer of Property Act (1)
Se.106 (1)
Se.14 (1)
SEATS OF MEDICAL COLLEGES (1)
SEBI - Regulations 11 (1)
sec (2)
Sec. 125 (3) Cr.P.C. - NO TIME BAR ON UNSATISFACTION PENDING EXECUTION PETITION.
(1)
Sec. 13(1)(e) of the Bombay Rent Act (1)
SEC. 138 OF N.I.ACT - whether the post-dated cheques issued by the appellants (h
ereinafter referred to as purchasers ) as an advance payment (1)
sec. 140 of M.V. Act - due to conflicting judgment over scope of sec. 163 -A (1)
Sec. 158 and 250 of Revenue code and Sec.35 M.P. Ceiling on Agricultural Land Ho
ldings Act (1)
Sec. 24 -F and sec.30 of INDUSTRIAL DISPUTES ACT- unfair labour practice - as pe
r the circular the employment of the casual labours regularised as permanent (1)
Sec. 292 of I.P.C. - Section 4 of the Indecent Representation of Women (Prohibit
ion) Act (1)
sec. 302 (4)
Sec. 302 / 201 and 376 of I.P.C. - Accused filed a certificate that he is a Juve
nile - (1)
Sec. 302 and Sec.498 A r/w 34 of I.P.C. - Sec. 101 -106 of Evidence Act - Burden
of proof - Burden lies on Accused - (1)
Sec. 304 - Part II - but not under sec. 302 (1)
SEC. 304 B (2)
Sec. 304 B I.P.C. (2)
Sec. 304 B of I.P.C. and sec.113 B of Evidence Act (1)
Sec. 304 B of I.P.C.- Dowry Death - "SOON BEFORE THE DEATH " - (1)
Sec. 306 and 498 A IPC - Women committed suicide with in 7 of marriage - Dying D
eclaration - mental treatment (1)
Sec. 307 - reduced to Sec. 326 - further sec. 324 I.P.C. (1)
sec. 323 I.P.C. Non- explanation of injuries on accused not fatal to the prosecu
tion always (1)
sec. 354 outrage the modesty of women is to be considered stringy (1)
sec. 360 -Reducing of sentence by high court (1)
Sec. 376 (1)
Sec. 376 /506 of I.P.C. = Hymen intact - No external injuries - minor girl of 14
years studying 8th class - semen found on under wear and salavar - she deposed
that he raped her (1)
sec. 42 and sec.45 of Prisons Act - Jail Manual - Carrying a cell phone and char
ger by a visitor in Jail - F.I.R. registered under sec. 42 and 45(12) of Prisons
Act (1)
Sec. 420 - compoundable (1)
Sec. 45 Karnataka Land Reforms Act - cultivate tenant (1)
Sec. 482 Cr.P.C. - Sec. 420 (1)
Sec. 482 of Cr.P.C. - to quash complaint filed under sec.498 A and 406 of I.P.C
- Curative petition by wife - not maintainable for execution of maintenance orde
r (1)
Sec. 498 A (2)
Sec. 498 A . .304 B and 302 I.P.C - ACQUITTED UNDER SEC.498 A (1)
Sec. 498 A IPC and sec.3 and 4 of Dowry Prohibition Act - Sec.173(8) further inv
estigation - (1)
sec. 50 of NDPS Act - Search before Police Superintendent part of raiding party
- is invalid (1)
sec. 53 of Insolvency Act (1)
SEC. 64 OF N.I. ACT (1)
sec. 67 NDPS ACT and sec.25 of Evidence Act - whether the Officer are Police Off

icer and whether the officers can record a confessional statement from the Accus
ed by force (1)
Sec. 7 and Sec. 13(1) (d) read with Section 13(2) of the Prevention of Corruptio
n Act (1)
Sec. 80 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowm
ents Act (1)
Sec. 90 and Sec. 376 of I.P.C. (1)
Sec. 90 of I.P.C. (1)
Sec.101 (1)
Sec.106 of Evidence Act - Non- explanation of husband how his wife was died when
both together in a inside locked room (1)
Sec.11 of Arbitration and conciliation Act - dispute over the appointment of thi
rd arbitrator (1)
sec.113 A or 113 B of the Evidence Act (1)
Sec.12 (1)(c) of M.P.Act - Eviction suit - Purchaser filed suit for eviction as
the defendant failed to pay rent - Defendant denied the title - (1)
Sec.120 B of I.P.C. (1)
Sec.122 and 123 of T.P. Act - whether there is any conflict in two earlier decis
ion (1)
Sec.125 Cr.P.C. -vs- Muslim women's Act (1)
Sec.13 SARFAESI Act (1)
Sec.138 (3)
Sec.138 and sec.141 of N.I. Act - Whether the complaint against the accused alon
e maintainable leaving the company set free -NO (1)
Sec.138 and sec.142 (b) of N.I.Act- Delay of 25 days in filing complaint (1)
Sec.138 N.I.Act - Sec.201 of Cr.p.c. - Power of magistrate to recall it's orders
- Jurisdiction of court for cheque bounce case = (1)
Sec.138 of N.I. Act - Cheque drawn on Sydicate Bank (1)
Sec.138 of N.I. Act - Stop Payment - Non-discloser of reply notice in the compla
int (1)
Sec.138 of N.I.Act - Sec.27 of General clauses Act and Sec.114 of Evidence Act (
1)
Sec.138 of N.I.Act - Territorial -Jurisdiction (1)
sec.138 of N.I.Act - Territorial Jurisdiction - Bhaskaran judgment was overruled
(1)
Sec.138 of Negotiable Instrument Act - court can convert sentence into fine but
at the same time no fine should be exceed twice the cheque amount (1)
Sec.138 of NIAct - power of attorney can present the case - cheque issued for se
curity/ repayment of debt is to be found out first when plea was taken- (1)
Sec.139 (1)
Sec.14 B and Sec.17 B of EPF Act - Damages under sec.14 B are recoverable jointl
y and severally from old and new companies. (1)
sec.14. Property of a female Hindu to be her absolute property (1)
sec.141 N.I.Act - Partnership Firm - issued cheque - cheque bounced - firm not m
ade as accused - fatal to the prosecution (1)
Sec.145 Cr.P.C. proceedings - Civil suit - Pending of civil never bars the juris
diction of executive Magistrate from initiating proceedings when breach of peace
occurred (1)
Sec.149 I.P.C. - common object - each role is not to be considered (1)
sec.149 of Indian penal code (1)
Sec.15 (6) Rent control Act - Powers of High court as Revision court (1)
sec.16 of Indian Contract Act - Transfer of property - Burden lies on the person
who is in fiduciary relationship (1)
Sec.163 - A (1)
Sec.173(8) - Sec.309 - Cr.P.C. and sec.32 (1) of Evidence Act- (1)
Sec.18 (1)
Sec.182 IPC - (1)
Sec.19 of P.C. Act - Constitutional validity challanged (1)
sec.19 of S.R. Act (1)
Sec.195 (1)(b) of Cr. P.C. (1)

sec.195 of cr.p.c. (1)


Sec.197 Cr. P.C. - Sanction to prosecution (1)
Sec.197 Cr. P.C. - want of sanction (1)
Sec.2 (1)
Sec.200 (1)
Sec.21 (1)
Sec.21 and sec. 43 of Arbitration & conciliation Act - Sec. 3 of Limitation Act
- counter claims - Whether limitation for counter claim starts (1)
Sec.216 Cr.P.C. - Supplementary /additional charge sheet after investigation on
absconded accused for 15 years after his arrest (1)
Sec.226 (1)
Sec.25 (1)
Sec.25 .64 of Patents Act - sec.10 and 151 of C.P.C (1)
Sec.271 of INCOME TAX ACT (1)
Sec.28 of Specific Relief Act - Or.21 (1)
Sec.28 Specific relief Act - (1)
Sec.3 of Uttar Pradesh Official Language Act (amendement ) 1989 - Notification d
eclaring the Urdu as second language (1)
sec.302 (3)
Sec.302 - Murder of Wife - Circumstantial evidence - last seen theory - Accused
in the last night with his wife (1)
Sec.302 - vs- 326 I.P.C. - Absence of charge under sec.34 - five injuries - one
say by Farsa on neck and another say by Ballam near the eye victim died - (1)
Sec.302 and sec. 201 of I.P.C. - Circumstantial Evidence - (1)
sec.302 and sec.309 I.P.C. - in attempt to commit suicide - lover killed the lov
e and stabbed himself in order to kill himself - Not amounting to murder but com
es under sec.304 Part 1 (1)
Sec.302 and sec.406 I.P.C.- Sec. 27 of Indian Evidence Act - Circumstantial evid
ence - Material improvements in evidence - destroys the credible worthiness of e
vidence - (1)
Sec.302 I.P.C r/w sec.149 I.P.C converted to Section 304 Part II read with Secti
on 149 of the IPC. (1)
Sec.302 I.P.C.- Sec.304 Part II I.P.C. (1)
Sec.302 IPC -vs- Section 304 Part I of IPC - Disputes over the properties - Sudd
en fight - Exceeding private defence - sec.34 IPC not applicable (1)
Sec.302 r/w 149 or sec.304 part 1 r/w 149 or sec.304 part 2 r/w sec.149 of I.P.C
. (1)
Sec.302 r/w 34 & 120 (B) of I.P.C.- mere presence of Accused No.3 present out si
de of the house - no offence made out (1)
Sec.302 read with Section 149 of the IPC. - verses -Section 304 Part II of the I
PC (1)
Sec.304 A IPC - Uphaar Tragedy - Apex court imposed fine of Rs.100 crores - for
the construction of a Trauma Centre in the memory of Uphaar Victims to be built
up at Dwarka in New Delhi = (1)
Sec.304 B - vs- 306 I.P.C. - when there was no demand for dowry sec.304 B not ap
plies - Even though there is no direct provocation to go and died (1)
Sec.304 B and Sec.302 of I.P.C. = Circumstantial evidence -Extra -judicial confe
ssion high court negatived (1)
Sec.306 and Sec.304 B IPC (1)
Sec.306 covers (1)
sec.306 of I.P.C. but not under sec.304 B I.P.C. (1)
Sec.307 and Ses.452 I.P.C.- "Defined what is an attempt to murder " (1)
Sec.307/34 I.P.C. - not Compoundable (1)
Sec.311 Cr.P.C . - Recalling of I.O. for further examination (1)
Sec.313 Cr.P.C. - No question was raised before the Trial court that No inculpat
ory incidents were questioned for giving answer/Explanation- can not be raised a
t Appellant court (1)
sec.319 Cr.P.C (1)
Sec.319 of Cr.P.C. (1)
Sec.319(3) of M.P.Municipalities Act - Exemption from issuing a notice in advanc

e prior to filing to the Nagara palika - (1)


Sec.321 of Cr.P.C. - withdrawal of prosecution - Permission rejected - offence u
nder Section 7 & 13 (1) (d) r/w Section 13 (2) of Prevention of Corruption Act (
1)
Sec.326 I.P.C - conviction - non- compoundable - Constitutional court may conver
t the section to the compoundable offence and may grant permission to compound t
he same (1)
Sec.35 of Trade Marks Act (1)
Sec.354 of I.P.C. - Offence took place in the year 2000 - whether compoundable(1)
Sec.36 and sec. 173 of Cr.P.C. - Whether the station officer alone has got right
to submit final report under sec.173 (2) but not other superior officers ? (1)
Sec.36 and sec.104 (3) of Himachal Pradesh Tenancy and Land Reforms Act (1)
Sec.366 and sec. 376 (2)(g) - gang rape of I.P.C - Sec.114 A and sec.157 of Indi
an Evidence Act - Minor was gang raped (1)
Sec.37 of A.P.C.F&S.V. Act - court fee on cancellation of sale deed - Court fee
has to be paid on the value of the document (1)
Sec.376 (1)
Sec.376 (f)/302/201 I.P.C.- all sentences order to run consecutively - Sec. 31 (
2) of Criminal Procedure Code (1)
Sec.376 and Sec.302 I.P.C - Medical report and evidence ruled out the rape and o
nly suggested attempt to rape - Homicidal death proved - who committed the offen
ce left unproved (1)
sec.376 I.P.C. and Juvenile Justice (Care and Protection of Children) Act (1)
Sec.376 I.P.C.-Village Girl - Rape - delay in FIR (1)
Sec.377 of I.P.C. - constitutionally valid - Unnatural offences - Same sex marri
age (4)
Sec.389 of Cr.P.C. - Granting bail at appellant stage (1)
Sec.389 of Cr.P.C. - Stay of Sentence (1)
Sec.391 of company Act - seeking approval for compromise scheme - rejected (1)
Sec.406 I.P.C.- Criminal breach of Trust - police reported the case as false - p
rotest petition (1)
Sec.41 and Sec.41 A and Sec.57 of Cr.P.C. - No police arrest a person below the
7 years (1)
sec.420 - cheating - when there is ample evidence on record to say that accused
played fraud on complainant - quashing of complaint is wrong (1)
Sec.420 and 406 I.P.C . - Charge sheet against the accused - High court quashed
the case as the ingredients attracts sec.379 of I.P.C (1)
Sec.439 I.P.C. - arrest / surrender before court - once the surrender is accepte
d (1)
Sec.450 and 376 IPC - Trial court convicted - High court confirmed (1)
Sec.466 Company Act (1)
Sec.482 Cr.P.C. - making adverse comments in the absence of a party - not valid
(1)
Sec.482 Cr.P.C. - Quashing of FIR and criminal proceedings on compromise - maint
ainable (1)
Sec.482 of Cr.P.C - quashing of criminal proceedings under sec.420 I.P.C - Busin
ess Transaction - issued cheques - cheques bounced (1)
Sec.482 of Cr.P.C. - Non-Compoundable Economic Offences against public funds - n
ot to be quashed on comprise (1)
Sec.498 A (6)
Sec.5 of Limitation Act - Delay of 481 days in filing special leave petition - M
oving file from department to another department is not a valid reason for condo
ning the delay (1)
Sec.5 of Limitation Act - Delay of more than 10 years in filing appeal (1)
Sec.5 of Limitation Act - Or.22 (1)
Sec.5 of Limitation Act - Sec.19 Of Revision powers of High court (1)
Sec.58 Mortgage deed and sec.11 of Indian Contract Act- (1)
Sec.59 (1)
Sec.6 (1)

sec.6 and award can be challenged before taking possession with in reasonable ti
me - Notice at locality is mandatory - (1)
Sec.62 of T.P. Act & Art.61 of Indian Limitation Act - limitation for redemption
of mortgaged property when time not fixed (1)
Sec.72 of Income Tax - Amalgamation of four co-operative societies - accumulated
losses of four societies carried forward - Set off against the profits (1)
sec.74 of contract Act (1)
Sec.80 Application of the Drugs and Cosmetics Act (1)
sec.90 (1)
Sec.94 (1)
second expert opinion (1)
second marriage is void declaration is compulsory (1)
SECOND MARRIAGE NOT A BAR IN ALLOWING SET ASIDE EXPARTE DIVORCE DECREE (1)
secondary evidence (2)
Secs. 482 Cr.P.C. r/w Sec.186 Cr.P.C. - Explosives dispatched from a single plac
e to three different destinations (1)
Section 120-B IPC read with Section 13(2) read with Section 13(1)(d) of the Prev
ention of Corruption Act and Sections 420/471 IPC - Sec.482 of Cr.P.C (1)
Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act (1)
Section 138 of the NI Act - territorial jurisdiction- where cheques were drawn (
1)
Section 2(f)(iii) of the Maharashtra Private Forests (Acquisition) Act (1)
Section 20-A of TADA - Mandatory (1)
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act (1)
Section 24 of the Private Forests Act (1)
Section 302 (1)
Section 31(8) (a) of the U.P. State Universities Act (1)
Section 4 of the Mamlatdar's Court Act (1)
Section 40(3)(jj)(a) of the Gujarat Town Planning and Urban Development Act (1)
Section 432 Cr.PC for remission and Section 433 Cr.PC for commutation (1)
Section 482 of the Code of Criminal Procedure (for brevity.P.C.) = Sections 406
(1)
Section 52 of the Transfer of Property Act (1)
Section 52 of the Transfer of Property Act 1882. (1)
Section 527 of the Bombay Municipal Corporation Act (1)
Section 59 of the Persons with Disabilities (Equal Opportunities (1)
Section 6-A (1) of the DSPE Act - Constitutional validity was challenged - Const
itution Bench Declared as unconstitutional (1)
Section 69 of the Sales Tax Act (1)
Section 10 (1) of the Industrial Disputes Act (1)
Section 106 of the Factories Act (1)
Section 11 of the Right to Information Act. (1)
Section 12 of the Prevention of Corruption Act (1)
Section 120-B and Section 342 IPC (1)
Section 125 of the Code of Criminal Procedure (1)
Section 13(3A) of the SARFAESI Act - credit facility - declared as non- performi
ng asset (NPA)- without availing sec.13(3)A filed writ (1)
Section 13-B of the East Punjab Urban Land Restriction Act (1)
Section 130(E) of the Customs Act (1)
Section 14(3)(c) of rent control Act (1)
section 148 of the Income Tax Act (1)
Section 15(1)(a) of the Punjab Pre-emption Act (1)
Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Ac
t (1)
Section 151 or Order 18 Rule 17 of the Code (1)
Section 153 of C.P.C (1)
Section 18 of the Narcotic Drugs and Psychotropic Substances Act (1)
Section 18 of the SC/ST Act (1)
Section 19 of the Protection of Women from Domestic Violence Act (1)
Section 2(h) of the RTI Act - Kerala Co-operative Societies Act (1)

Section 21-A (1A) of the Act-Andhra Pradesh Co-Operative Societies Act (1)
Section 22(2) of the Specific Relief Act (1)
section 239 of Cr. P.C - Section 109 of the Indian Penal Code and Section 13(2)
read with Section 13(1)(e) of the Prevention of Corruption Act (1)
Section 24 (1)
Section 245: Set off of refunds against tax remaining payable: (1)
Section 26 of the Indian Electricity Act (1)
Section 27 of the Evidence Act (1)
Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act - exemption
G.O. - waiver - res judicata (1)
Section 3 of the A.P. Assigned Lands (Prohibition of Transfer) Act (1)
Section 30 of the Employees Compensation Act (1)
Section 302 (1)
Section 302 read with Section 34 (1)
Section 302 read with 149 (1)
Section 302/34 of the Indian Penal Code- (1)
Section 302/498-A read with Section 34 IPC - Except dying declaration - no corro
boration evidence (1)
Section 304 Part II IPC and not Section 302 IPC (1)
Section 304-B and Section 498-A of the Indian Penal Code (IPC) (1)
Section 304B of IPC (1)
Section 306 IPC (1)
Section 306 refers to abetment of suicide. (1)
Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred
to as IPC ) - the quantum of sentence (1)
Section 307/34 (1)
Section 309 of the Code of Criminal Procedure (1)
Section 31 of Cr.P.C. - the sentences imposed were ordered to run consecutively
- not run concurrently (1)
Section 31(4) (1)
Section 311 Cr.P.C (1)
Section 311 Cr.P.C. and Section 138 Evidence Act (1)
Section 32G of the Bombay Tenancy and Agricultural Lands Act (1)
Section 34 of the Arbitration and Conciliation Act (1)
Section 35 of the Indian Stamp Act (1)
Section 35(3) of the Indian Forest Act (1)
Section 367(5) reads (1)
Section 37(1) of Arbitration and & Conciliation Act - Award of interest (1)
Section 376(2)(g) (1)
Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers Act (1)
Section 4(1) of the Rajasthan Land Acquisition Act (2)
Section 41(h) of Specific Relief Act (1)
Section 41(h) provides that an injunction cannot be granted when equally efficac
ious relief can certainly be obtained by any other usual mode of proceeding. (1)
Section 420 IPC (1)
Section 43 of the Electricity Act (1)
Section 468 of the Cr.P.C - F.B . (1)
Section 47 of the BSF Act (1)
Section 48 of the Land Acquisition Act power to de-notify (1)
Section 48 of the U.P. Consolidation of Holdings Act - excess use of revision po
wer (1)
Section 482 of the Code of Criminal Procedure QUASHING OF F.I.R. (1)
Section 49 of the Indian Registration Act (1)
Section 49 of the UP Consolidation of Land Holdings Act and Section 331 of the U
P Zamindari Abolition and Land Reforms Act (1)
Section 498-A of the IPC could be made compoundable (1)
Section 5 (2) and 7 of the Prevention of Corruption Act (1)
Section 5 of the Limitation Act (1)
Section 50 of the Narcotic Drugs and Psychotropic Substances Act (1)
Section 6 of the amended Hindu Succession Act (1)

Section 6(v) and (vii) of the Bombay Court Fees Act (1)
Section 6A of the Delhi Special Police Establishment Act (1)
Section 7 & Section 13(d)(i)(ii)(iii) read with Section 13(2) of the Prevention
of Corruption Act (1)
Section 7 of the Punjab Agricultural Produce Markets Act (1)
Section 72 of the Mumbai Municipal Corporation Act (1)
Section 73 of the Indian Evidence Act (1)
Section 78(5) of the Rajasthan Sales Tax Act (1)
Section 8 of the Hindu Minority and Guardianship Act (1)
Section 8-AA(1) of the Act -under Section 3(2) of the Uttar Pradesh Municipal Co
rporations Act (1)
Section 80HHC of the Income Tax Act - manufacturer and exporter of stainless ste
el utensils. - TURNOVER- (1)
Section 9-A of the Code of Civil Procedure (Maharashtra Amendment). (1)
Section(s) 376(2)(g) and 366 of Indian Penal Code (1)
Section498-A IPC (1)
Sections 120-B (1)
Sections 138 and 141 of the Negotiable Instruments Act (1)
Sections 302 and 120B read with Section 34 of IPC. (1)
Sections 6(4) (1)
Sections 138 (1)
Sections 138 and 142 of the Negotiable Instruments Act (1)
Sections 143 (1)
Sections 147 (2)
Sections 147/149/449/436/302/395/396 of the Indian Penal Code (1)
Sections 148 (1)
Sections 148 and 324 IPC read with Section 149 IPC. (1)
Sections 302 (1)
Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and und
er Sections 25 and 27 of the Arms Act (1)
Sections 304B (1)
Sections 304B and 498A (1)
Sections 306 and 498A (1)
Sections 363/109/364-A of the Indian Penal Code (1)
Sections 366 (1)
Sections 376 (1)
sections 376 (2) (g) (1)
Sections 378(1) and 378(4) of the Code and the relevant provisions of the PFA. (
1)
Sections 406 (1)
Sections 498A and 304B of the Indian Penal Code (1)
Sections 498A and 406 of the Indian Penal Code. (1)
Sections 529 and 529A of the Company Act - Charge/Mortgage/Undertaking (1)
Sections 7 and 13 (1)(d)(i)(ii) readt - in the absence of proof of demand (1)
Sections 7 and 13(2) of the Prevention of Corruption Act (1)
selections and appointments made by Public Authorities (1)
Self acquired property of deceased father - daughter is entitled for partition a
nd also for injunction - (1)
self-employed the actual income at the time of death should be taken into accoun
t for determining the loss of income unless there are extraordinary and exceptio
nal circumstances. (1)
Selling of flats - No privity of contract - no deficiency of service (1)
Seniority cum merit (1)
seniority dispute amongst employees of the Customs and Central Excise Department
. (1)
sentence Set off not applicable to court martial laws (1)
Service - High court order to add 10 marks Uttaranchal Subordinate Service [Emerg
ency Direct Recruitment (First Amendment)] Rules (1)
Service - matter = Disproportionate punishment to the negligence proved (1)
SERVICE MATTER (97)

Service matter - - dismissed from service - claim for superannuation benefits (1


)
Service matter - compassionate allowance under Rule 41 of the Pension Rules (1)
Service matter - whether a voluntary retired person under special scheme entitle
d for pension benefits as per scheme as it was 20 years of service for granting
pension under pension scheme (1)
Service matter - Ad-hoc basis appointed Computer instructors ( not with B.Ed. de
gree) - appointments called through Employment exchange Board - 625 posts and 17
5 posts (1)
Service matter - after resignation from BDO he joined as Lecturer and retired as
Asst. Professor - Govt. issued G.O. to count previous government service while
fixing pension - (1)
Service matter - Aided Schools (1)
Service matter - an adverse remark not acted upon (1)
service matter - an Assistant Wireless Operator was dismissed for misconduct - d
is-proportionate quantum of punishment (1)
Service matter - appointment of private teachers (1)
Service matter - appointment of trained teachers in the vacancies in the post of
primary teachers in the state of Bihar (1)
Service matter - appointment on compassionate grounds - Delay of 12 years (1)
Service matter - appointment on daily basis (1)
Service matter - Assistant Teacher (Language) L.T. Grade - last date was prepone
d - mark list was submitted belatedly (1)
service matter - BSNL line man - working on daily wages (1)
Service matter - Caste certificate - Schedule Tribe Halba (1)
Service matter - conductor removed from service - Disproportion punishment and n
on supply of documents and no opportunity to cross examine the witness (1)
Service matter - departmental enquiry - order to be removed from service in the
year 1985 - (1)
Service matter - Diploma Holder - Degree Holder - Engineers - acquisition of AMI
E qualification - promotion (1)
Service Matter - Direct Recruitments - Back Ward Class - Creamy Layer (1)
Service matter - Dismissal from service dispensing with a disciplinary inquiry not valid (1)
Service matter - Dismissed from service for unauthorized absent (1)
Service matter - Disproportionate penalty Part III of The Railway Servants (Disc
ipline & Appeal) Rules (1)
service matter - doctrine of proportionality (1)
Service matter - Employee & Employer relationships - Dismissed in one case - No
inquiry be continued in another case due to dismissal due to lack of Employee an
d Employer relationship - (1)
Service matter - employment in NTPC - to the Land Oustees (1)
Service matter - fresh appointment under direct recruit - Deputy Register select
ed and appointed as Registrar (1)
Service Matter - Higher post salary when entitled for (1)
service matter - In the absence of public Advertisement (1)
Service matter - irregular appointments - termination of all appointments on enq
uiry - High court confirmed the same (1)
Service matter - Minimum Height - Police Selections (1)
Service matter - more than 10 years of service entitled for permanent appointmen
t (1)
Service Matter - NALCO - established two schools - Management was given to Saras
warti Vidaya Mandir (1)
Service matter - Non supply of UPSC Advise report before imposing penalty is voi
d (1)
Service matter - Notice of superannuation (1)
Service matter - option given at the time bifurcation of Rajasthan - as per the
option rules (1)
Service matter - Payment of interest on delayed payment (1)
Service matter - post retirement benefits to retired high court judges (1)

Service matter - promotion (1)


Service matter - Promotion - Merger bars promotion permanently (1)
Service matter - Promotion to Asst. Professor - one of the qualification for Pos
t Graduation Degree - rejected as it is not recognised by M.C.I. (1)
Service matter - promotion to D.S.P cadre - The Sikkim Police Force (Recruitment
(1)
Service matter - promotion to DGP - allegations of bias against the chairmen of
the committee (1)
Service matter - Promotions in Army (1)
service matter - Recovery orders and reduce of pension (1)
Service matter - Regularization of daily-wage employees in Group- D (1)
Service matter - regularization of service - 445 daily rated employees including
74 respondents herein - High court allowed (1)
Service matter - Regularization of service of GDMOs Grade -II (1)
Service matter - Regularization of temporary employees having service of 10 year
s (1)
Service Matter - Removed from service as the Conductor misappropriated the Ticke
ts amounts - Criminal case resulted in Acquittal - entitled for reinstatement (1)
Service matter - selection process - written test 50% and interview 50% - tribun
al set aside the selection process (1)
Service Matter - selections and appointment to the post of Librarians in the sch
ools run by local bodies - (1)
service matter - selections to police constable (1)
Service Matter - Seniority - Promotion (1)
Service matter - Stay of Departmental proceedings - Criminal proceedings - (1)
Service Matter - Temporarily appointed to the post of constable (1)
Service matter - voluntary retirement application pending - terminated service d
ue to unauthorized absent from service by joining in other's company (1)
Service matter - VRS scheme 2000 - Pension Who completed 20 years of service are
entitled to the benefit of Regulation 29 by the date of VRS (1)
Service matter - while obtaining peon job showing less qualification is not such
a grave offence to remove from service (1)
service matter -Departmental enquiry - dismissed from service - with out followi
ng procedure and with out supplying documents (1)
Service matter -Once Resignation was accepted in a case of temporary employee (1
)
Service matter = Doctrine of proportionality in punishment (1)
Service matter = Reinstatement with compensation but not with back wages (1)
Service matter = revised merit list drawn after the selective re-evaluation of t
he answer scripts of all the candidates who had appeared in the Main Examination
(1)
Service matter = The Diploma holders after obtaining Degree (1)
Service matter Army- Rule 16A of the Army Rules (1)
service tax (1)
Session Case -Prosecutor & Court must be vigilant against mockery Trail (1)
sett;ed possession is entitled for injunction (1)
setting up of a nuclear power plant in the South-Eastern tip of India (1)
SETTLED POSSESSION ENTITLED FOR INJUNCTION (1)
severe strictures (1)
sexual harassment (1)
Sharing of Nazrana offered by pilgrims between Diwans and Khadims of Holi shrine
Hazrat Khawaja Moinuddin Chishti at Ajmer (1)
she cannot take benefit of reservation in the State of Uttarakhand because she i
s a Scheduled Caste (Valmiki of Punjab). (1)
Since only legal points raised (1)
since petitioner No.1 has purchased the assigned land in a public auction held f
or recovery of dues owed to a co-operative society (1)
Since the applicant (respondent No. 1) is not a son of pre-deceased son (1)
since there was deficiency on their part (1)

SINGLE WITNESS IS ENOUGH TO CONVICT THE ACCUSED IF FOUND RELIABLE (1)


SLAMBOB - Amusement part - agreement of partnership for 10 years - failed to pay
the amount as per the terms of agreement after some time (1)
Special Public Prosecutor asked not to appear without justifiable cause (1)
Specific performance - sale agreement obtained from two brothers not valid (1)
SPECIFIC PERFORMANCE OF AGREEMENT OF SALE (1)
specific performance of an agreement of re-conveyance of the suit land. is not m
aintainable (1)
Specific performance of an agreement of sale sec.16 and sec.20
agreement of sale
proved
trial court decreed the suit High court reversed by using it s discretions
not judicially (1)
specific performance of contract of sale (1)
Specific performance refused = refund order for expenditure incurred = agreement
of sale executed for the purpose of loan but not for sale (1)
SPECIFIC PERFORMANCE SUIT - LIMITATION (1)
specific performance suit - TELIKICHERLA SESIBHUSHAN (DEAD) BY LRS (1)
SPECIFIC RELIEF ACT (15)
specificperformance (1)
SPECTRUM SCAM (1)
SPEEDY TRIAL (1)
sridhana (1)
stamp act (4)
stamp and duty and penalty. sec.36 scope (1)
Stamp duty and penalty (1)
State of Madhya Pradesh .Appellant(s) Versus Surendra Singh Respondent(s) (1)
statement was recorded after 14 days (1)
Status of Wife - with out production of marriage register of temple in which the
marriage was taken place - producing other records does not confirm the status
of wife (1)
statutory bail after expiry of 180 days in the absence of filing of charge sheet
(1)
stolen car sold away (1)
Student - A fresh Mark Sheet not necessary to issue on improvement examination r
esults when division not changed (1)
sub-section (4) of Section 100 of CPC - framing of substantial question of law a
t alter stage and decide the matter with out giving an opportunity to other side
to hear (1)
subramanyam sir is one of the defendant (1)
Subrata Roy Sahara - Writ - Declaration that that arrest order is null and void
- Habeas corpus for release of petitioner - Petitioner asked the Judges to recus
e from the case (1)
subsequent buyers - whether bonafide or not (1)
subclause (a) of clause (1) of Section 23 of Hindu Marriage Act (1)
Suit for declaration and possession - Plaintiff traced his traces from the date
of Gift Deed - Election Tribunal also held the Plaintiff is the real congress (1
)
suit for eviction and damages (1)
Suit for eviction by way of Mandatory injunction - vs- partition suit - Property
of sister - claim by legal heirs of brother - (1)
suit for partition of joint family properties (1)
suit for possession (1)
suit for recover of rent is maintainable - (1)
suit for specific performance of compromise order (1)
summary court-martial (1)
supreme court of cyprus (1)
surplus land has been transferred contrary to the terms of the patta in connivan
ce and collusion with the officials of the State Government. (1)
Sursagar Lake - 38 persons died due to capsized of boat in lake - claims against
corporation - contractor and insurance company - first denied they are not cons
umer (1)

sushil sharma death sentence was converted in to life imprisonment = (1)


suspense of sentence (1)
switch-over from the Contributory Provident Fund Scheme (1)
T.P.Act sec.106(3) - Notice - short fall of time - but suit filed after more tha
n 6 months from the date of eviction notice -valid (1)
T.V is to considered as 100% disability but not as suggested in medical report a
s the victim life and profession and assets is the face (1)
TADA ACT (1)
TADA Act - Confession - trial court convicted both accused basing on the retract
ed confessional statement of one of the accused (1)
Tamil Nadu Borstal Schools Act (1)
Tamil Evangelical Lutheran Church (TELC) - is not a society (1)
Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.
13/2013 dated 22nd May (1)
TAX LAWS (5)
Technical bid & price bid - two Bids - (1)
TELECOM DISPUTES SETTLEMENT (1)
TEMPORARY APPOINTMENT IN SCHOOLS (1)
tenancy act (2)
Tenancy Case - Land acquisition - suit for eviction - maintainable (1)
tenders (1)
Test Identification Parade - Identification in court at the time of trail - effe
cts in other than rape cases (1)
that may be produced on behalf of the accused (1)
The Pharmacy Act (1)
The Persons with disabilities (Equal Opportunities (1)
The Persons with Disabilities (Equal Opportunities (1)
The question relating to the value of larger extent of agricultural land (1)
the University Grants Commission Act (1)
the death sentence (1)
the delay of 449 days in filing the appeals before the Division Bench (1)
the entire proceedings for the acquisition of the land shall lapse (1)
the exoneration in the departmental proceeding (1)
The extra judicial confession (1)
The Gujarat (earlier Bombay prior to the amendment in its application in the State
of Gujarat) Tenancy and Agricultural Lands (Vidarbha Region and Kutch Areas) Ac
t (1)
the Maharashtra Regional and Town Planning Act (1)
The Mines & Minerals (Development & Regulation) Act (1)
the Protection of Rights of Children from Sexual Offences Act (1)
the Sick Industrial Companies (Special Provisions) Act (1)
the appellant stood convicted for the offences punishable under Sections 365 and
376 of the Indian Penal Code (1)
the arbitration proceedings can be initiated (1)
the Bank had failed to insure the property. (1)
The Banking Public Financial Institutions and Negotiable Instruments (Amendment)
Act (1)
the Bihar Municipal Officers and Servants Pension Rules (1)
the burden shift on accused to prove his innocence (1)
the Canara Bank Pension Regulations (1)
The Central Excise Tariff Act (1)
the Central Excise and Tariff Act (1)
the claim of the petitioners belonging to 'Thakar (1)
the claimant affected with mental disability and on his termination of his servi
ce (1)
The collegium of the Madras High Court consisting of the Hon ble Chief Justice and
two senior most Judges vide Resolution dated 12.12.2013 recommended a list of 1
2 persons (1)
The compulsory acquisition of the land (1)
the condition of prohibiting alienation of the assigned lands was introduced in

the year 1958 (1)


the conviction of the appellant may be altered from Section 302 IPC to Section 3
04 Part II IPC or at the most under Section 304 Part-I IPC. (1)
the court has to look on the merits of granting bail ? (1)
the damages/compensation cannot be claimed against the State. (1)
the demand of entertainment tax (1)
The doctrine of estoppel by election - Punjab Regional and Town Planning and Dev
elopment Act (1)
the Electricity Act (1)
the Gratuity Act. (1)
the High Court was free to consider even material (1)
the Hindu Succession (Amendment) Act (1)
THE HON'BLE SRI JUSTICE B.N.RAO NALLA (1)
the jurisdiction to entertain a petition filed under Section 138 of the Negotiab
le Instruments Act. (1)
the Juvenile Justice (Care and Protection of Children) Act (1)
The letter of intent (1)
the linguistic minority status (1)
the Magistrate has taken cognizance of offence under Section 509 I.P.C. (1)
The marine policy is pitted against a Fire Policy (1)
The Master Circular (1)
The maxim res ipsa loquitur- (1)
The medical evidence also to a large extent confirmed that the deceased Radha Ba
i was raped prior to the suicide committed by her. (1)
the National Eligibility Entrance Test(NEET) (1)
the NEET (1)
THE OCCUPIER OF THE PREMISES IS ENTITLED FOR ELECTRICITY SUPPLY IN HIS NAME (1)
the Orissa Consolidation of Holdings and Prevention of Administration of Land Ac
t (1)
the patient is medically described as in a vegitiative state and patient is called
as spastic quadric paresys - insurance (1)
The person who is at fault not entitled for Divorce (1)
The Persons with disabilities (Equal Opportunities (1)
the petitioner is allowed to submit his case on those points only like that of P
IL (1)
the plaintiff will succeed if he proves his title (1)
the plea of insanity under Section 84 of the Indian Penal Code (1)
the policy (1)
the price fixation Government had fixed the prices of Doxofylline formulations the
Drugs (Prices Control) Order (1)
the promotional avenues for the teachers in Bihar Government Service. (1)
The Protection of Women from Domestic Violence Act (1)
the proviso (kb) under subsection (1) of Section 60 of the Code of Civil Procedu
re 1908 (CPC) (1)
the Public Premises (Eviction of Unauthorised Occupants) Act (1)
the question of Last seen theory does not arise (1)
the Rajasthan Wakf Act (1)
the respondent had suppressed material facts with regard to his assets and there
fore such a party cannot be declared as an insolvent. (1)
the respondent ought to have retire at the age of 58 years (1)
The Right to Fair Compensation and Transparency in Land Acquisition (1)
the Right of Children to Free and Compulsory Education Act (1)
the sale of the assigned land was not prohibited (1)
the scheme for compassionate appointment (1)
the sentence should be reduced (1)
the suit can be continued by another partner (1)
the Swadeshi Act (1)
the Telecom Regulatory Authority of India (TRAI) and the Department of Telecommu
nications (DoT) (1)
The trade mark in question is GOPAL Chhap and the device of Lord Krishna and Cow

. ( label/mark). (1)
the transferee pendente lite cannot maintain an application under Order 21 Rule
99 of CPC. (1)
the truck met with an accident at Shillong in Meghalya State and was burnt. (1)
the very purpose of all procedure becomes infructuous including directions to re
fund of the amount (1)
the wife is entitled for maintenance from the date of petition (1)
theft claim rejected (1)
theft of insured vehicle (1)
Theft of a car (1)
there is no obligation on Govt. to relieve him from duties (1)
there was no endorsement in the licence to drive light motor vehicle used as com
mercial vehicle. (1)
Third Gender - Apex court Declared their rights under the Indian Constitution =
(1)
third party can not challenge the cast certificate (1)
those can not be considered as failure of prosecution (1)
Though the appellant is eligible for consideration of the selection in to IAS she was denied as she was a junior officer - not correct approach and against th
e rules and guidelines (1)
to vacate the premises for failing to deposit outstanding dues on account of non
-payment of licence fee. (1)
to arrive at a decision (1)
town planning act (1)
tractor and trailer (1)
TRADE MARKS AND COPY RIGHTS ACT (7)
TRANSFER CASE (CIVIL) NO. 48 OF 2010 Manojbhai N. Shah & Ors. Petitioners Versus
Union of India & Ors. Respondents (1)
transfer of a case (1)
Transfer of a case from state agencies to the CBI - major financial scam nicknam
ed Chit Fund Scam (1)
TRANSFER OF ACT (2)
transfer of case at fag end not maintainable (1)
transfer petition (1)
trial court dismissed and High court confirmed the same ) (1)
trust property sale (1)
TV SERIL (1)
TWO CONFLICTING DECISIONS ON SEC.145 OF NEGOTIABLE INSTRUMENTS ACT WHETHER RECOR
DING OF SWORN STATEMENT IS MUST (1)
two firs (1)
Two riparian states Andhra Pradesh and Maharashtra of the inter-state Godavari r
iver (1)
U.P. Zamindari Abolition and Land Reforms Act (1)
u/s 420 (1)
u/s.420 IPC (1)
UNAUTHORISED CONSTRUCTION OF APARTMENTS WITH OUT PERMISSION UNDER Maharashtra Re
gional and Town Planning Act (1)
Unauthorized Adjustments not valid (1)
under Section 482 of the Cr.P.C. (1)
under Sections 409 read with Section 120B IPC and under Section 13(1)(c) read wi
th Section 13(2) of the Prevention of Corruption Act (1)
Under Art.136 of the constitution - Or.21 (1)
Under Sec. 304 Part II of IPC - sentence reduced to 7 years from life (1)
Under sec.482 of Cr.P.C. the appellant court can dispose the appeal on merits ev
en in the absence of appellant or his lawyer (1)
under Section 100 of the Code of Civil Procedure (1)
under Section 292 read with Section 34 of the IPC and Section 7 of Cinematograph
Act. (1)
under Section 363 (1)
under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act (1)

under Sections 147 (1)


undue influence (1)
UNFAIR TRADE PRACTICE - QUACK DOCTOR (1)
Union of India & Ors. ... Appellants Versus M/s. Agarwal Iron Industries ... Res
pondent (1)
Union of India and others ... Appellant (s) Versus P. Gunasekaran ... Respondent
(s) (1)
United Kingdom Supreme Court (2)
Unlawful Assembly Sec.149 - Once unlawful assembly was proved with a common obje
ct - absence of overt act against the other accused does not vitiate the prosecu
tion story entitling for acquittal (1)
Unreliability of fact witnesses and unnaturality of their conduct is sufficient
to discard prosecution case-appeal allowed. (1)
unsolicited calls from banks/financial institution (1)
Urban Land (Ceiling and Regulation) Act (1)
Urban Land (Ceiling and Regulation) Repeal Act (1)
Use of excess police power on peaceful pro-testators is against law and is an of
fence (1)
UTI (1)
Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam (1)
Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act (1)
vacant post of Headmaster at Howrah Siksha Niketan (1)
Vadodara. (1)
valid (1)
valid gift ? (1)
Vehicle theft - premium paid through cheque for renewal of policy was returned d
ue to bank fault - Refusal of granting insurance claim - not tenable (1)
vehicle was stolen (1)
verses Official liquidator under companies Act (1)
violation of provisions of section 13(2) (d) (h) and as such exemption u/s 11 an
d 12 cannot be allowed to the assessee and the assessment will be made in the st
atus of AOP. (1)
vis--vis (1)
voice sample (1)
VSNL (1)
WAKF ACT (4)
was issued (1)
we find some difficulty. (1)
weightage (1)
were ineligible for appointment to the office of Additional District and Session
s Judge? (1)
West Bengal Thika Tenancy (Acquisition and Regulation) Act (1)
West Bengal Premises Tenancy Act (1)
When a court not inclined to grant anticipatory bail (1)
when asked for fresh connection (1)
When C.B.I. may be directed to enquiry (1)
when cancellation or when declaration arose (1)
WHEN discrepancies not pointed out while cross examining the I.O. (1)
when husband taken the plea of divorce has given earlier in his written statemen
t/counter - (1)
when it was interpolated with new names - (1)
when one partner dies pending suit (1)
When policy is only for Graduates - an 8th standard person can not apply for it
- misstatement as B.Com. (1)
When prosecution proved death with in 7 years due to dowry harassment (1)
When sec. 304 part II applies instead of sec. 302 of I.P.C (1)
When sec. 304 Part II applies (1)
When the contract is governed by Statutory rules and Regulations - General terms
of contract Act like sec. 56 Doctrine of Frustration apples - No = (1)
When the land is in developed area (1)

When the Magistrate can add additional sections himself on the a petition of Com
plainant /informant after filing a charge sheet by police ? = (1)
When there is no clause not to make any constructions to the building with out p
ermission - No claim should be rejected for fire accident (1)
when wife not complied with it (1)
where some part of evidence is not believable (1)
Whether a Magistrate after accepting a negative final report submitted by the Po
lice can take action on the basis of the protest petition (1)
whether reservation was inapplicable to specialty and super-specialty faculty po
sts in the All India Institute of Medical Sciences (1)
whether the reasons given in the demand notice dated 01.06.1993 of the Sub-Divis
ional Officer of the respondent no.1 for the unauthorized load of the TG Set are
legal. (1)
whether the complaint without the signature of the complainant (1)
whether the landlord could still claim bonafide need for himself as well as his
dependents (1)
whether a civil court has jurisdiction to entertain a suit when the schedule lan
ds were acquired under the land acquisition proceedings (1)
whether a pronouncement as to the vires of Section 364A will have any impact on
the sentence awarded to the petitioners would arise only if Section 364A is held
to be constitutionally invalid. (1)
whether a public prosecutor is eligible for the post of Judiciary (1)
Whether a S.C. of Punjabi on her marriage to another state (1)
Whether accused are liable to be convicted under sec. 304 part -I or 302 of I.P.
C (1)
whether after the death of Pullam Raju (1)
whether Bond or an agreeement (1)
Whether contemporaneous documents compulsory ? (1)
whether Dar-ul-Qaza is a parallel court and Fatwa has any legal status. - Apex cou
rt held that (1)
Whether death sentence or life imprisonment (1)
whether framing of fresh charge under sec.302 I.P.C is necessary (1)
whether High Court was justified in staying the proceedings in civil suit till t
he decision in criminal case. (1)
whether Section 69(2) is a bar to a suit filed by an unregistered firm even if a
statutory right is being enforced or even if only a Common Law right is being e
nforce (1)
whether the petitioners have any right to continue or the respondents who have b
een admitted under the Rules have the right of admission. (1)
Whether the absence of a viscera report is fatal to the prosecution ? - No.; Whe
ther the punishment can be given under sec. 304 B and sec.306 I.P.C. ? - Yes = (
1)
Whether the Assigned land can be gifted to the legal heirs ? (1)
whether the consent given by woman believing the man s promise to marry her (1)
whether the courts below were justified in awarding the death sentence. (1)
whether the death of the deceased was due to natural causes (1)
Whether the DGP can reverse the adverse remaks in the matter of integrity record
ed in ACR after the lapse of 9 years ? NO (1)
Whether the high court can compound the offence under sec.307 I.P.C on compound
of parties - Apex court held No (1)
whether the High Court while exercising its power under Articles 226 and 227 of
the Constitution of India is competent to set aside the plaint ? Apex court held
No= (1)
whether the interest on FDs can be exempted from tax under the doctrine of mutua
lity? (1)
whether the plaintiff had properly valued the suit and the court fee paid. (1)
whether the said matter is covered by Section 6 or Section 8 of the Act. (1)
Whether the second wife married during the life time of first wife can file a ma
intenance case under sec. 125 Cr.P.C. - yes (1)
Whether the Seniority can be considered from the date of vacancy or from the dat

e of promotion = His application to consider from the date of vacancy is rejecte


dService matter (1)
Whether the State Government had no jurisdiction to authorise the Special Judge
to try these cases under FERA. on transfer from Magistrate court by way of Notif
ication ? (1)
whether the suit was maintainable without seeking any consequential relief. (1)
whether the uncontroverted allegations in the complaint made out a prima facie c
ase or not. (1)
Whether there is an arbitration clause in contract agreement - No - (1)
whether to send it for expert opinion or to arbitrator (1)
whether under the Guardian and Wards Act (1)
while examining one witness (1)
who separated by partition from his father (1)
who should be given the redevelopmental rights (1)
widow remarriage act (1)
wife can claim maintenance (1)
wild life act (1)
WILL (2)
Will-Propounder (1)
WITH TOKEN COURT FEE - NOT PROPER PRESENTATION OF CASE (1)
withdrawal of a bid before acceptance in the context of Section 5 of the Contrac
t Act (1)
withhold a part of pension and/or gratuity during the pendency of departmental/
criminal proceedings? (1)
Without filing a suit for specific performance suit and with out reserving right
s under Or.2 (1)
women law (5)
WONDERFUL JUDGEMENT VVV IMPORTANT = Apex court enhanced the compensation to Rs.
16 lakhs - just compensation even though there is no prayer in the claim petitio
n to that extent (1)
Workmen compensation Act (1)
Workmen compensation- Accident - fixation of compensation - payment of interest
whether from the date of accident or from the date of award (1)
Worldwide Immigration Consultancy Services Ltd. (1)
worst building plot (1)
Writ - Civil Suit by Auction Purchaser - Inter pleader suit (1)
writ of mandamus the State Government directed to execute a mining lease for an
area measuring 1519.980 hectares in favour of the respondent-company. (1)
Writ Petition - Territorial Jurisdiction - Disability compensation (1)
WRIT- CONSUMER COMMISSION- SEC. 46 (1)
WRITS (1)
Wrong procedure adopted by Magistrate (1)
Y.S. Jagan Mohan Reddy bail (1)
2013 Act ) which has come into effect on 01.01.2014 (1)
Actus Curiae Neminem Gravabit (1)
buffalo calf has not been mentioned as prohibited animal. (1)
DPCO ) - Fixation of prices /Revised prices of the drugs (1)
Holy Cave of Amarnath (1)
Jugaad (1)
LR Manual ) framed by the Government of Uttar Pradesh and Section 24 of the Code of
Criminal Procedure (Cr.P.C.) (1)
the MMDR Act - Chapter VII of the Rajasthan Finance Act (1)
the Corporation ) - Regulation 16(a) (1)
14 Year Rule = The Government Resolution No.RLP1006/CR621/PRS-3 dated 11.04.2008 i
ssued by the Government of Maharashtra (1)
171. Award of interestMotor Vehicles Act (1)
1996 Act ) (1)
438. anticipatory bail (1)
Act Policy or Comprehensive/Package Policy . (1)
Creative Travel (1)

Enhancement of Annual Intake Capacity in Undergraduate Courses in Medical College


for the Academic Session 2013-14 only Regulations 2013 (1)
Freedom Fighters Pension Scheme (1)
hire and fire (1)
Section 493: Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage (1)
Sections 96 and 100 CPC (1)
Shri N.V. Ramana - judge of the High Court of Andhra Pradesh (1)
the Act ) -Bribe giving - Registration and Investigation by ASI/SHO and later part
by Dy. S.P. - not fatal (1)
transportation for life (1)
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no nest is permanent - everything is time bound ; - *one fine morning , about 45
days back...* [image: Image result for rock pigeon]* two wings making wonderful
dives and aerobatics in the sky wooing the othe...
2 months ago
advocatemmmohan
Election total 87 Councillors, the Nationalist Congress Party with 17, Muslim Le
ague with 2, R.P.I. with 1, Samajwadi Party with 1 and 2 Independents formed an
aghadi (group) and elected the first respondent as their group leader (Gat Neta)
.- the same was approved
change of leader by one political party -maintainable ?
No- Once an aghadi (group) is formed and duly recognized by the Divisional Comm
issioner, it becomes a municipal party in terms of Section 2(i) of the Act. Once
original political parties form a municipal party by way of an aghadi, for all
purposes, the group leader is chosen by the municipal party (aghadi) only. Rules
do not provide for nomination of group leader. Similarly, the group leader of t
he aghadi can be changed only by the group and not by one of the political parti
es, big or small, belonging to the aghadi-2015 S.C.MSKLAWREPORTS - Election to t
he Amravati Municipal Corporation was held on 16.02.2012. Of the total 87 Counci
llors, the Nationalist Congress Party with 17, Muslim L...
5 months ago
ARTICLES OF AN ADVOCATE
M. Padmanabhacharlu - Great Father - *Passing Night * *Relieved **the life from
Great Journey of 85 years * *My Father's soul rest in Great Peace with out bedr
idden* *Great Personality stands ...
1 year ago
??. ????? ????? ????????? ??????????? ?? ??????? - ?? ????????
????? ?????? - ??? ??????? ??? ???????????? ?????? ????????? ??? ?????? ???????
????????? ??? ?????? ???? ????? ??????? ?????? ????? , ?? ?????????? ???? ???? .
..
3 years ago
MY MIRROR
ADVOCATEMMMOHAN
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