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Law

This tag is associated with 111 posts

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

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

Service matter – dismissed from service – claim for superannuation benefits – Since the order speaks that he was removed from service with superannuation benefits as would be due other wise and with out disqualification from future employment – Tribunal – High court rightly held that he is entitled for the same – Apex court confirmed the same = BANK OF BARODA …. APPELLANT Versus S.K. KOOL(D)THROUGH LRS.AND ANR. …. RESPONDENTS = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41066

Service matter –  – dismissed from service – claim for superannuation benefits – Since     the order speaks that he was removed from service with superannuation benefits as would be due other wise and with out disqualification from future employment – Tribunal – High court rightly held that he is entitled for the same – Apex court confirmed the same = … Continue reading

When C.B.I. may be directed to enquiry – Kidnap of a minor girl by Forest Officials – only statements of Forest department were recorded but not the eye witnesses and general public who protested the Forest Officials while taking minor girl and another woman who escaped from Forest Geep – Forest officials admitted the galata took place but denied kidnap/forceful taken over the Rajanandini – 14 years minor girl – Habeaus Corpus – modified and Apex court directed for C.B.I enquiry = Alsia Pardhi …. Appellant(s) Versus State of M.P. & Ors. …. Respondent(s) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41047

When C.B.I. may be directed to enquiry – Kidnap of a minor girl by Forest Officials – only     statements of Forest department were recorded  but not the eye witnesses and general public who protested the Forest Officials while taking minor girl and another woman who escaped from Forest Geep – Forest officials admitted the … Continue reading

Section 52 of the Transfer of Property Act 1882. Doctrine of lis pendens is based on legal maxim ‘ut lite pendente nihil innovetur’ (During a litigation nothing new should be introduced). A transferee pendente lite is bound by the decree just as much as he was a party to the suit. A litigating party is exempted from taking notice of a title acquired during the pendency of the litigation. = KN Aswathnarayana Setty (D) Tr. LRs. & Ors. …Petitioners Versus State of Karnataka & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41041

Section  52  of  the Transfer of Property Act 1882.     Doctrine of lis  pendens  is  based      on  legal  maxim  ‘ut  lite  pendente nihil innovetur’ (During a litigation nothing new  should  be         introduced). A transferee pendente lite is bound  by  the         decree just as much as he was a … Continue reading

s.149 CPC = No document which is chargeable with a fee under the Act shall be acted on by any court or any public office unless the appropriate fee payable under the Act in respect of such a document is paid – When a document on which court fee is payable is received in any court or public office, though the whole or any part of the appropriate court fee payable on such document has not been paid, either because of a mistake or inadvertence of the Court, the Court, in its discretion, may allow the payment of the deficit court fee within such time as may be fixed – Upon such payment, such document “shall have the same force and effect” as if the court fee had been paid in the first instance – Indisputably, the expression “document” takes within its sweep a plaint contemplated under the Code of Civil Procedure – Court Fees Act, 1870. Judicial discretion: Exercise of – Scope – Held: It is well settled that the judicial discretion is required to be exercised in accordance with the settled principles of law – It must not be exercised in a manner to confer an unfair advantage on one of the parties to the litigation.= A. Nawab John & Ors. ….Appellants Versus V.N. Subramaniyam ….Respondent = published in http://judis.nic.in/supremecourt/helddis.aspx

Court Fees Act, 1870: Filing of plaint – Deficient court fee – Right of     defendant to raise objection – Held: Question of court fee is a matter between the plaintiff and the Court – If the Court comes to the conclusion that the court fee paid in the lower court is not sufficient, … Continue reading

M.P. Accommodation Control Act, 1961 (for brevity “the Act”) to file the suit for eviction.= In a suit for eviction and mesne profits , on failure to prove relationship of land lord and tenant , no eviction should be granted basing on title, plaintiff ought have to file a suit for declaration of title and possession, and the period indulged in this proceedings arrest the period of adverse possession = Tribhuvanshankar … Appellant Versus Amrutlal …Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40966

M.P.  Accommodation  Control Act, 1961 (for brevity “the Act”) to file the  suit  for      eviction.= In a suit for eviction and mesne profits  , on failure to prove relationship of land lord and tenant , no eviction should be granted basing on title, plaintiff ought have to file a suit  for declaration of title and … Continue reading

Service – matter = Disproportionate punishment to the negligence proved – Dismissal orders quashed – directed to pay retire benefits and pension as he was dismissed just 6 days prior to his retirement date = GIRISH BHUSHAN GOYAL APPELLANT Versus B.H.E.L. & ANR. RESPONDENTS = Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40954

Service – matter = Disproportionate punishment to the negligence proved – Dismissal orders quashed – directed to pay retire benefits and pension as he was dismissed just 6  days  prior  to  his  retirement  date =   “25(1). No order imposing any of  the  major  penalties  specified  in       Clause (f), (g), (h), (i) and (j) … Continue reading

Civil court has no jurisdiction against the properties covered under Securitisation Act. = Jagdish Singh …….. Appellant Versus Heeralal and others ……. Respondents – http://judis.nic.in/supremecourt/filename=40924

Civil court  has no jurisdiction against the properties covered under Securitisation Act.=          Section 13, as already indicated, deals with the  enforcement  of  the   security interest without the intervention of the court or tribunal  but  in   accordance with the provisions of the Securitisation Act.       22.   Statutory interest … Continue reading

Or.22, rule 10 C.P.C- In a suit by partnership firm of two partners , when one partner dies pending suit, the suit can be continued by another partner M/s AVK Traders … Appellant Versus Kerala State Civil Supplies Corporation Limited … Respondent = Reported in http://judis.nic.in/supremecourt/filename=40915

Or.22, rule 10 – In a suit by partnership firm of two partners , when     one partner dies pending suit, the suit can be continued by another partner despite of non-joining of uninterested legal heirs of deceased partner as the entire interest devolves on the surviving partner as per rule 10 of Or. 22 of … Continue reading

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