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Court

This tag is associated with 49 posts

Hindu marriage Act sec.13(1) (ia) – mere obtaining restitution of conjugal rights is not a ground for Divorce , when wife not complied with it – Best piece of Evidence of Children about the cruel attitude of father is enough for not granting the Divorce to the Husband against the wife – New tendency of husbands in obtaining restitution of conjugal rights and keeping clam for considerable period and finally filing divorce petition – is to be discourgeable – Husband failed to prove cruelty – Lower court wrongly placed reliance on Restitution of conjugal rights – hence set aside – Appeal was allowed = V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao = published in judis.nic.in/judis_andhra/filename=10629

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.752 of 2013 28-11-2013 V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao !Counsel for the AppellantSri Subba Rao Counsel for Respondent: Sri A.K.Kishore Reddy <Gist >Head Note: ?Cases Referred; JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy) The marriage between the appellant … Continue reading

Indian Port Act sec. 34 – 2011 Policy – Except Licence , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court in either granting or declining to grant a relief in exercise of its jurisdiction under Article 136 can take note of developments either of fact or law which leave an impact on the rights and obligations of parties before the Court = Apex court dismissed the SLPs = = Yazdani International P. Ltd. …Appellant Versus Auroglobal Comtrade P. Ltd. & Ors. …Respondents = published in judis.nic.in/supremecourt/filename=41117

Indian Port Act  sec. 34 – 2011 Policy – Except Licence  , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court  in  either  granting  or declining to grant a … Continue reading

Section 6A of the Delhi Special Police Establishment Act,1946 – the Prevention of Corruption Act, 1988 – No approval from the central government is necessary when the case was monitored by the constitutional court itself = Manohar Lal Sharma …….Petitioner Versus The Principal Secretary and Ors. ……Respondents = published in judis.nic.in/supremecourt/filename=41094

Section 6A of the Delhi Special  Police  Establishment  Act,1946 – the Prevention of Corruption Act, 1988 – No approval from the central government is necessary when the case was monitored by the constitutional court itself = whether  the  approval  of  the  Central  Government  is necessary under Section 6A of the Delhi Special  Police  Establishment  Act,1946 (“DSPE … Continue reading

Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – High court confirmed the same and dismissed the management writ – Apex court held – Tribunal finding about prove of misconduct is also wrong as the protest of worker is valid one as per law as it is a additional work with out additional wages – scope of or .41, rule 22 c.p.c. applied a winning party can even though there was no counter appeal challenge the negative findings against him – Since workers not filed any appeal on back wages final relief – confirmed the orders of lower courts and dismissed the civil appeal filed by management = Management of Sundaram Industries Ltd. …Appellant Versus Sundaram Industries Employees Union …Respondent = Published in judis.nic.in/supremecourt/filename=41089

Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – … Continue reading

Land Acquisition Act – enhancement of Market value – by applying principle of 12% increase per year on the market value as the 12% per annum increase which courts have often found to be adequate in compensation matters hardly does justice to those land owners whose land have been acquired as judicial notice can be taken of the fact that the increase is not 10 or 12 or 15% per year but is often upto 100% a year for land which has the potential of being urbanized and commercialized such as in the present case.” – Apex court enhanced the compensation = Kashmir Singh …Appellant(s) Vs. State of Haryana & Ors. …Respondent(s) = published in judis.nic.in/supremecourt/filename=41088

Land Acquisition Act – enhancement of Market value – by applying principle of 12% increase per year  on the market value as the  12%  per  annum increase  which  courts  have  often  found  to  be  adequate  in compensation matters hardly does justice  to  those  land  owners whose land have been acquired as judicial notice can be taken  of the fact that … Continue reading

Sec.197 Cr. P.C. – Sanction to prosecution – Since he was removed from service following the procedure laid down in Jharkhand police manual – No sanction to prosecute warranted – Apex court confirmed the orders of the high court = Fakhruzamma … Appellant Versus State of Jharkhand & Anr. … Respondent = published in /Cited in / Reported in judis.nic.in/supremecourt/filename=41073

Sec.197 Cr. P.C. – Sanction to prosecution – Since he was removed from service following the procedure laid down in Jharkhand police manual – No sanction to prosecute warranted – Apex court confirmed the orders of the high court =  whether sanction under Section 197  Cr.P.C.  is  necessary  from  the  State Government before prosecuting the … Continue reading

Contempt of court – 2 G spectrum scam – Respondents attempted to interfere with an investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable = Rajeshwar Singh …Petitioner Versus Subrata Roy Sahara & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41054

Contempt of court – 2 G spectrum scam –  Respondents attempted to interfere with an     investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable =   Whether the contempt petition is maintainable =    This   contempt  petition  has  been  preferred  under  Article  129, … Continue reading

Scope of sec.301 and Sec.311 Cr.P.C. – Duty of court / Public prosecutor = Victim/ complainant has got limited scope to participate in criminal trial as state take over the case – When latches and lacunas were brought to the notice before the court or Public prosecutor by him/her , it is their duty to consider the same instead of reject the same as not maintainable under sec.301 Cr. P.C. – When an official Witness who conducted Test Identification parade – Being a Judicial Officer – how can he be permitted to depose in his chief examination contradicting his report/beyond his report which was not found in his record produced – is it not a duty of court or the public prosecutor to cross examine that witness statement made deliberately with out any basis infavour of Accused = Apex court set aside the orders of Lower court and High court and directed the lower court to recall the witness and made specific cross examination about the specific point deposed by him with out any record or beyond his record test identification report and gave an opportunity to file written submissions at the time of arguments = Sister Mina Lalita Baruwa …. Appellant VERSUS State of Orissa and others …. Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41046

Scope of sec.301 and Sec.311 Cr.P.C. – Duty of court / Public prosecutor = Victim/     complainant has got limited scope to participate in criminal trial as state take over the case – When latches and lacunas were brought to the notice before the court or Public prosecutor by him/her , it is their duty to consider the … Continue reading

Apex court allowed the appeal and condoned the delay and remand the matter to lower court for payment of deficit court fee = Bona fide financial constraint is a valid ground for seeking extention of time for payment of court fee – If the plaintiff is unable to pay court fee, he is at liberty to approach the jurisdictional district legal service authority and Taluk Legal Services Committee seeking for grant of legal aid for sanction of court fee amount payable on the suit before the trial court. = Delay can be condoned not on pure technical points but on equity of justice = When nothing is there to find a fault on the affidavit of the petitioner, it can be considered as a valid ground for allowing the petition = MANOHARAN …APPELLANT Vs. SIVARAJAN & ORS. …RESPONDENTS = http://judis.nic.in/supremecourt/imgst.aspx?filename=40990

Apex court allowed the appeal  and condoned the delay and remand the matter to lower     court for payment of deficit court fee =      Bona fide financial constraint is a valid ground for seeking extention of time for payment of court fee – If the plaintiff is unable to pay court fee, he  is  at  liberty  to  approach … Continue reading

Specific Relief Act, 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 – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited upon failure to execute agreement within stipulated period makes it clear that parties never intended time to be essence of contract – More so, seller did not prove his plea – Thus, decree granted by trial court upheld – Buyer directed to deposit balance consideration amount and seller would execute sale deed. = PETITIONER: Balasaheb Dayandeo Naik (Dead)through LRs & Ors RESPONDENT: Appasaheb Dattatraya Pawar = published in http://judis.nic.in/supremecourt/helddis.aspx

Specific Relief Act, 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 – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited … Continue reading

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