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INDLAW UPDATES
- JUDGMENTS |
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JUDGMENTS
(1) Hiten Rashmikant Mehta; (2) Swati Hiten Mehta v (1) Union of India; (2) S.K. Laul; (3) S.C. Tiwari; (4) C.M. Betgeri; (5) Aruna Mathur 24/10/2007 (BOMBAY HIGH COURT)
Income Tax Act, 1961 - s. 269UD(1) - Income Tax Rules, 1962 -Petition to challenge order passed by Appropriate Authority deciding to purchase suit flat under Section 269UD(1) and constitutional validity of Rule 48L - Whether agreement dated 30th August, 1986 had effect of ...
(1) Sitaram Maruti Nagpure, Yeola, Nashik (District); (2) Dudhasing Bala Chavan v (1) Fakirchand Purushottam Dhase, Nashik(District); (2) Murlidhar Gyanba Kudale (Since Deceased His Legal Heirs) Kamal @ Prema Murlidhar Kudale and 2 Others 24/10/2007 (BOMBAY HIGH COURT)
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - s. 12(3)(a) - Whether rent should be paid only after notice of termination or whether tenant can show readiness and willingness even prior to termination of tenancy? - Held, in view of clear explanation of ...
Kiran S. Lakhe v State and Another 23/10/2007 (DELHI HIGH COURT)
Indian Penal Code, ss. 420, 468, 471; Passport Act, s. 12 - Petition seeking quashing of FIR - Held, High Court, in exercise of its writ jurisdiction should be loath in quashing FIR and an FIR should be quashed only in respect of those cases where all the facts stated in ...
Brahm Prakash v State and Others 23/10/2007 (DELHI HIGH COURT)
Maharashtra Control of Organised Crime Act, 1999, s. 3 - Writ petition for quashing of FIR - Plea that concealment of fact of registration of FIR against petitioner and that petitioner was not a member of any gang and had not been engaged in committing any organised crime ...
V.R. Lalu v (1) M.S. Salim Kumar; (2) State of Kerala 22/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - Accused convicted and sentenced by trial court and upheld by appellate court but revision petition dismissed for non-prosecution - Petition filed to set aside conviction and sentence as composition between parties had been effected - Held, ...
I.J.Kuruvila v (1) Joseph; (2) State of Kerala 19/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - Petition filed to set aside conviction and sentence on ground that compensation amount was paid to complainant - Held, petitioner/accused and respondent/ complainant can appear before Magistrate and report to Magistrate that compensation ...
Messrs Rf Motors Private Limited v Karukutty Grama Panchayat 19/10/2007 (KERALA HIGH COURT)
Petition filed for issuance of direction to Panchayat to issue number to newly constructed building as Panchayat was refusing to number building on reason that they had sought for clarification from National Highways Authority of India - Petitioner submitted that it was ...
Commander Ravindera Sadashio Kshirsagar, Hyderabad Estate, Mumbai v (1) Union of India (Through Law and Judiciary Dept), New Marine Lines, Mumbai; (2) Chief of Naval Staff, Having His Office At Naval Headquarters, New Delhi; (3) Chief of Personnel, Having His Office At Naval Headquarters, Sena Bhavan, New Delhi; (4) Flat Officer Commanding In-Chief, Western Naval Command, Having His Office At Shahid Bhagat Singh Road, Mumbai; (5) Integrated Headquarters of The Ministry of Defence (Navy), Having Its Office At Naval Headquarters, Sena Bhavan, New Delhi 19/10/2007 (BOMBAY HIGH COURT)
Constitution of India, 1950 - Art. 14 - Petition filed to challenge communications of 14.3.2005 and 2.11.2005 as being without authority of law and in contravention of notification dated 11.3.2005, communications of 14.3.2005 and 2.11.2005 as being violative of Art. 14 and ...
(1) Farhana Banu Mohamed Ayub; (2) Mansoori Shazia Naeem Akhtar v (1) Jadeed Anjuman-E-Taleem; (2) Chairman, School Committee, Jat Girls High School Higher Secondary, Malegaon, Nasik (District); (3) Head Mistress, Jat Girls Higher Secondary School, Malegaon, Nasik (District); (4) State of Maharashtra, Through Education Officer, S.P. Nasik 18/10/2007 (BOMBAY HIGH COURT)
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - r. 9(5), r. 26 - Petitions against order of School Tribunal holding that respondents correctly terminated service of petitioners as appointment was on temporary basis for two years - ...
Havva Umma v State 18/10/2007 (KERALA HIGH COURT)
Appeals filed to challenge order applying deductions of 15% and 20% on value of two buildings on suit property - Appellant contended that valuation of building done by commissioner was fair and reasonable - Held, deduction of 15% and 20% in both the Land Acquisition ...
Chairman, Halkarni Bhag Shikshan Prasarak Mandal, Kolhapur and Others v Balkrishna Veerappa Chougule and Others 18/10/2007 (BOMBAY HIGH COURT)
Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 - ss. 9, 11 and 13 - Petition filed to challenge order passed by School Tribunal - Respondnet no.1 though not of backward category was appointed in post reserved for backward class category which was ...
Biju Kumar v (1) Chandrika R.; (2) State of Kerala 17/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - s. 138 - Petition to challenge conviction and sentence - Cheque dishonoured and failure to make payment within statutory period - Held, finding has been recorded on an appreciation of the oral and documentary evidence - Conviction was thus ...
(1) K.G.Thulasi; (2) Benny.M.O.; (3) Sony George; (4) Pradeep P.S.; (5) N.Suresh; (6) K.K.Ramakrishnan; (7) Sathyabhama Antharjanam; (8) K.V.Kunju Muhammed; (9) K.V.Abdul Rahiman; (10) C.M.Mohammed, ; (11) K.M.Abu; (12) V.K.Siraj; (13) Abdul Kareem; (14) Abdul Samad v (1) Piravom Grama Panchayath (Special Grade); (2) President, Piravom Grama Panchayath 17/10/2007 (KERALA HIGH COURT)
Petition to seek direction for issuance of licence - Respondents submitted that it will not have any objection in considering petitioner's application for licence in accordance with law - Held, 1st respondent-Panchayat will take up applications for licence submitted by ...
T.S. Abdul Khader v (1) Arakkal Vaheeda; (2) Danish (Minor); (3) Kamila (Minor) 17/10/2007 (KERALA HIGH COURT)
Code of Criminal Procedure, 1973 - ss. 125, 127 - Petition filed to challenge order referring to payment of interim maintenance pending one maintenance petition - Monthly maintenance to children-respondent no.2 and 3 enhanced twice - Held, revision petitioner should be ...
K.L. Kumar v (1) V.P. Patil, Presiding Officer, First Labour Court, Bombay; (2) Messrs Ideal Elektro Werke, Bombay; (3) Messrs Dowell's Elektro Werke, Bombay 17/10/2007 (BOMBAY HIGH COURT)
Bombay Shops and Establishments Act, 1948 - Petition to challenge award rejecting demand for reinstatement with continuity of service and full backwages - Statement of claim did not mention that petitioner had worked in Dowell prior to his employment with Respondent No.2 ...
State of Kerala v Poozhikuth Muhammed 16/10/2007 (KERALA HIGH COURT)
Appeals for increment of compensation from Rs 9500/- per cent to Rs 15000/- per cent for acquistion of land - Sale deed transaction showed land in that area was at Rs 40, 000 per cent and that acquired property was situated in important locality, within 750 metres of new ...
State of Kerala v D.Stephenson, Puttuplavia Veedu 16/10/2007 (KERALA HIGH COURT)
Appeals against order of Reference Court reducing 10% in value of compensation giving for land mentioned under document Ext.A1 - Land mentioned under Ext.A1 neither situated near river nor near junction but situated about 1 km. away from National Highway and 7 km. away from ...
Ali Bappu v O.P.Mohammed 16/10/2007 (KERALA HIGH COURT)
Code of Criminal Procedure, 1973 - s. 125 - Petition filed to challenge order of Family court condoning delay of 8 days in filing application to set aside final order on condition that petitioner either deposited or paid his father sum of Rs.8, 000/- Family court had ...
K. Sadasivan Nair v (1) Krishnankutty Nair; (2) State of Kerala 16/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - s. 138 - Petition to challenge conviction and sentence - Cheque dishonoured and failure to make payment within statutory period of 15 days - Held, finding has been recorded on an appreciation of oral and documentary evidence - Court ...
John Ambattu v (1) Jyothish P.R.; (2) State of Kerala 16/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - s. 138 - Petition to challenge conviction and sentence - Cheque dishonoured and failure to make payment within statutory period of 15 days - Held, finding has been recorded on an appreciation of oral and documentary evidence - Court ...
C.K.Rajan v (1) P.G.John; (2) State of Kerala 16/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - s. 138 - Petition to challenge conviction and sentence - Matter settled between parties and petition filed to seek permission to record composition signed by both parties - Held, in light of development, composition is recorded and it will ...
State of Kerala v Chakrayam Valappil Puthiyapurayil 16/10/2007 (KERALA HIGH COURT)
Appeal filed to challenge fixation of land value as per judgment and decree in LAR No.49/1998 and cross-objector/claimant aggrieved due to insufficiency of market value as well as fixation of value of structures - Held, court has remanded LAR No.452/997, in that view of ...
(1) Sanal Kumar; (2) Praveen Kumar; (3) Sreekala, Pulidhanam v State of Kerala 16/10/2007 (KERALA HIGH COURT)
Land Acquisition Act, 1894 - Appeal to challenge reference confirming land value fixed by the Land Acquisition Officer on the sole ground of non-representation of the parties - Petitioners requested for opportunity to be given to adduce evidence for market value of land or ...
(1) Echjay Industries Private Limited, Mumbai; (2) Echjay Forgings Private Limited, Mumbai v (1) Echjay Forgings Private Limited, Mumbai; (2) Echjay Industries Private Limited, Mumbai 16/10/2007 (BOMBAY HIGH COURT)
Appeals to challenge rejection of claim and also to challenge to direction to pay amount - Issues involved were pertaining to claim of Forgings over General Reserve No.II, liability of Industries to pay Rs.23, 47, 000/- to Forgings to compensate payment made to workers and ...
(1) Sanjay; (2) Bapu; (3) Sunil; (4) State of Maharashtra, Through PSO, Dharangaon Police Station, Jalgaon v (1) State of Maharashtra; (2) Bapu Santosh Rajput; (3) Sanjay Prakash Patil; (3) Sunil Sursing Patil; (4) Santosh @ Santoba Tulshiram Patil; (5) Chandrakiran Nandu Sonwane; (6) Jitendra Chhotulal Jadhav 16/10/2007 (BOMBAY HIGH COURT)
Indian Penal Code, 1860 - ss. 147, 148 and 302 r/w 149 - Arms Act, 1959 - ss. 4 r/w 25 - Appeals against acquittal and against conviction - Evidence of eye witnesses corroborated by medical evidence - Benefit of doubt given to accused nos. 2, 5 and 6 as their names were not ...
Sony Joseph v (1) P.J.Joseph; (2) State of Kerala 16/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - s. 138 - Petition filed to challenge conviction and sentence - Whether sentence imposed was proper? - Cheque dishonoured and petitioner failed to make payment with 15 days of statutory notice - Held, no illegality or impropriety in finding ...
T. Anil Kumar v (1) Damodharan; (2) State of Kerala 16/10/2007 (KERALA HIGH COURT)
Negotiable Instruments Act, 1881 - s. 138, 147 - Petition to challenge conviction and sentence - Matter settled between parties - Application filed to seek permission to record composition entered - Petition signed by both parties - Held, composition is recorded and will ...
Messrs Vidyut Metalics Limited v Kusum Yellapurkar and Others 16/10/2007 (BOMBAY HIGH COURT)
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - s. 44 - Petition filed to challenge order of Industrial Court which interfered with order of Labour Court and granted reinstatement with 50% of back wages - Labour Court Labour ...
Vazhakkalil Premalatha v Kunnummal Asokan 15/10/2007 (KERALA HIGH COURT)
Code of Civil Procedure, 1908 - s. 100 - Appeal to challenge order dismissing suit filed to sought decree of injunction holding that appellant, though had purchased property was not able to establish her possession - Respondent was residing within plaint schedule property - ...
Johnson v Puthur Grama Panchayath 15/10/2007 (KERALA HIGH COURT)
Writ Petition for issuance of direction to Panchayat to pass orders on building permit application - Petitioner relegated to statutory remedy by way of appeal - Held, if petitioner files any interlocutory application in appeal to be filed by him before Tribunal seeking ...
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