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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
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
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
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
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. Courts to try all civil suits unless barred.- The Courts shall (subject to the
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Court to take cognizance of the case under Section 9 of CPC stands excluded and
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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
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)
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)
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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)
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
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)
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
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)
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.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)
. ( 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)
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