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Whether conducting of Exam by Bar Council of India for licence to practice is right step?

    



Last Poll Result

Whether Judges should come within purview of RTI Act while declaring their assests?
Yes 82%
 

No 18%
 
 

Important Points >>
  • Supreme Court
  • Punjab & Haryana
  • Accident
  • Marriage Law
 »

Charge--An accused cannot be punished for committing an offence against 'Y' when he is charged with having committed the offence against 'X' and the entire defence of the accused was with reference to charge of having committed offence against 'X'.

 
 »

Alibi--Plea of alibi had to be proved with absolute certainty to completely exclude the possibility of presence of the appellant/accused from the place of occurrence at the relevant time
Murder--Circumstantial Evidence--It is necessary to find whether the circumstances, on which prosecution relies, are capable of supporting the sole inference that the accused is guilty of the crime of which he is charged .

 
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Investigation--Private investigation agency--not recognized in Cr.p.c--not barred--But such an investigation neither be treated as investigation made under law nor can the evidence collected in such investigation be presented by public prosecutor in any criminal trial.
FIR--Two FIRs--the court has to examine the facts and circumstances giving rise to both the FIRs--the test of sameness is to be applied--whether both the FIRs relate to the same incident in respect of the same occurrence or are in regard to the incidents which are two or more parts of the same transaction--if answer is affirmative, second FIR is liable to be quashed.

 
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Divorce--Dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955.

 
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Contempt Petition--Defamatory and filthy statements against a sitting Judge of High Court--High Court cannot entertain a contempt petition filed by a private person without the consent in writing of the Advocate General

 
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Land Acquisition--Urgency clause--When the acquisition is for Delhi Metro and even if there is a Specific Act,authorities are justified in invoking the urgency provision in the Land Acquisition Act by dispensing enquiry

 
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Pension--Bogous claim--Respondent drew freedom fighter's pension by producing false and fabricated documents--Pension rightly cancelled.
Pension--When false claims come to the notice of the Central Government, it is bound to take stern action.

 
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Arbitration--Interest--Arbitrator is bound by the terms of the contract insofar as the award of interest from the date of cause of action to date of award--Where the parties had agreed that no interest shall be payable, arbitral tribunal cannot award interest.

 
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Allotment of flat--Mere draw of lots/allocation letter does not confer any right to allotment--The system of draw of lots resorted to with a view to identify the prospective allottee--It is only a mode, a method, a process to identify the allottee i.e. the process of selection--It is not an allotment by itself--Mere identification or selection of the allottee does not clothe the person selected with a legal right to allotment.

 
 »

No fault liability--In case of death or permanent disablement of any person resulting from a motor accident a minimum amount must be paid to the injured or the heirs of the deceased, as the case may be, without any questions being asked and independently of the compensation on the principle of fault

 
More Important Points ...
 »

Transfer--Courts should not interfere with purely administrative matters except where there was absolute necessity on account of violation of any fundamental or other legal right of the citizen.

 
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Transfer--Courts should not interfere with purely administrative matters except where there was absolute necessity on account of violation of any fundamental or other legal right of the citizen.

 
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Oustees--Discrimination--Oustees form a distinct class, a class whose land has been acquired--Policy contemplating allotment of plots to the oustees creates a class of persons entitled to preferential allotment than the general public

 
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Secondary evidence--Original document is in possession of petitioner--He is under legal obligation to produce same in court--In case of their failure plaintiff-respondent is definitely entitled to prove same by way of secondary evidence.

 
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Forgery--Accused well knowing that document sought to be used by him is not a genuine document, used same while believing it to be forged one, drew benefit out of that--Conviction upheld.

 
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Identification of accused--Acquittal--Accused was introduced only on basis of statement of co-accused which is inadmissible in evidence under Section 30 of Evidence Act.
Narcotics--Conscious Possession--Non-asking of any particular question with regard to conscious possession hardly affects prosecution case.
Statement of accused--Neither legal issue nor legal questions need to be asked in statement of accused.
Delay in sending sample--Recovery was effected on 17.07.2002 and sample parcels were sent to Forensic Science Laboratory on 19.07.2002--Such minor delay in sending the sample is bound to occur as police officers remain busy in their multifarious duties.

 
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Narcotics--Recovery of 16 Kgs. of Poppy Husk--On closure of prosecution evidence Court would provide opportunity to accused to lead defence--Omission on part of Court, resulting into failure of justice--Accused acquitted.

 
 »

Charand, which was reserved for benefit of village community, cannot be given restricted meaning while interpreting that land was reserved in village only for proprietors and for none else.

 
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Shamlat Deh--When Act was amended whereby land falling in river action has been excluded, but after deletion, same would be included in definition of Shamlat Deh.

 
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Dacoity--Acquittal--None of prosecution witnesses or any independent witness had heard them planning to commit dacoity or much less making preparation for committing dacoity.
Fire Arm--In absence of test fire, report made by ASI cannot be believed to make out that weapons so tested by him were fit to be used as fire arm.

 
More Important Points ...
 »

Insurance Company--Liability of--Deceased was traveling in the vehicle in question as owner of the goods alongwith his goods and the requirement of Section 147(1)(b)(i) of the Motor Vehicles Act, 1988 is satisfied.

 
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Accident--Death of son of insured while driving Motor Cycle--Son was not a third party--Accident occurred by use of vehicle and not by negligence of driver--Owner not entitled to any claim

 
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Carriage Permit--Curtailment of routes--So long as the reason for the modification is not found to be arbitrary or unreasonable, the question of interfering with the order of the Authority does not arise.

 
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Eligibility condition--Change of--Government has a discretion to adopt a different policy or alter or change its policy calculated to serve public interest and make it more effective Government--Policy can be changed with changing circumstances--Cancellation of clauses pertaining to foreign experience and turn over in the second NIT held, valid
Tender Notification--Eligibility condition-- Change of--Cancellation of clauses pertaining to foreign experience and turn over in the second NIT-- Government has a discretion to adopt a different policy or alter or change its policy calculated to serve public interest and make it more effective Government policy can be changed with changing circumstances

 
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Accident--Compensation--Body of deceased was cut into many pieces and his clothes were torn, there is every possibility of his having lost ticket--No evidence--It is presumed that he was a bonafide passenger.

 
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Accident--Contributory Negligence--Head-on-collision between truck and maruti van--Negligence was to be attributed to both drivers.

 
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Insurance--Comprehensive Package Policy--Liability of Insurance Company--A comprehensive package policy of a two wheeler covers a pillion rider and in a private car, covers occupants thereof and Insurance Company would be liable to compensate for death or injury to a pillion rider on a two-wheeler or the occupants of a private car.

 
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Accident--Contributory Negligence--Truck was parked on road, without any indication which resulted in accident--Finding that deceased was also negligent--No interference.
Accident--Delay of 226 days in filing appeal--Ground taken that counsel had not informed about status of case--Application not supported by affidavit of counsel-- Appeal dismissed, being barred by limitation.

 
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Liability of Insurance Company--Valid driving licence--Accident took place on 30.9.2005--Driver had driving licence which was valid upto 23.9.2005--Renewed from 05.10.2005 to 04.10.2008 i.e. with statutory period prescribed under Section 15 of Motor Vehicle Act--Finding of Learned Tribunal holding that driver did not have a valid driving licence are contrary to statutory provision of law--Impugned part of award giving liberty to Insurance company to recover amount from appellants quashed.

 
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Accident--Compensation--Vicarious Liability--Remedy with employer if any could be under service law by taking appropriate action in accordance with service rules, but learned Tribunal under Motor Vehicles Act, could not direct that compensation paid by owner which was his liability to be recovered from driver--Employer has a vicarious liability to pay for act of employee.

 
More Important Points ...
 
 
Latest Judgments >>
  • Supreme Court
  • Punjab & Haryana
  • Accident
  • Marriage Law

eLaw Herald 5382 [Main Pal Vs. State of Haryana, dt. 07/09/2010] - - ...

   

eLaw Herald 5383 [Punjab National Bank & Ors. Vs. K.K. Verma, dt. 07/09/2010] - - ...

   

eLaw Herald 5384 [State of Maharashtra Vs. Arun Gulab Gawali & Ors., dt. 27/08/2010] - - ...

   

eLaw Herald 5385 [Shaikh Sattar Vs. State of Maharashtra, dt. 27/08/2010] - - ...

   

eLaw Herald 5387 [Babubhai & Ors. Vs. State of Gujarat & Ors., dt. 26/08/2010] - - ...

   

eLaw Herald 5377 [Mahendra Nath Yadav Vs. Sheela Devi, dt. 25/08/2010] - - ...

   

eLaw Herald 5366 [Biman Basu Vs. Kallol Guha Thakurta and another, dt. 24/08/2010] - - ...

   

eLaw Herald 5356 [Rajinder Kishan Gupta & Anr. Vs. Union of India & Ors., dt. 20/08/2010] - - ...

   

eLaw Herald 5367 [State of Orissa Vs. Choudhuri Nayak (dead by LR) & Ors., dt. 20/08/2010] - - ...

   

eLaw Herald 5379 [Sree Kamatchi Amman Constructions Vs. The Divisional Railway Manager (Works), Palghat, dt. 20/08/2010] - - ...

   

eLaw Herald 5372 [Greater Mohali Area Development Vs. Manju Jain, dt. 19/08/2010] - - ...

   

eLaw Herald 5388 [Bhakra Beas Management Board Vs. Krishan Kumar Vij & Anr., dt. 19/08/2010] - Banking Law---- A.P. Buildings (Lease, Rent and Ev - hkljvhkl/jkl ,kh,j ...

   

eLaw Herald 5363 [State of M.P. Vs. Pramod Kumar Shukla & Anr., dt. 18/08/2010] - - ...

   

eLaw Herald 5365 [Eshwarappa @ Maheshwarappa & Anr. Vs. C.S. Gurushanthappa & Anr., dt. 18/08/2010] - - ...

   

eLaw Herald 5378 [G. Parshwanath Vs. State of Karnataka, dt. 18/08/2010] - - ...

   
More Judgements....

eLaw Herald 76 [Oriental Insurance Co. Ltd Vs. Ram Prasad Varma & Ors, dt. 20/10/2010] - - ...

   

eLaw Herald 47 [Smt. Amrut Bai W/o Kailash Kewat (Deceased) and Four Others Vs. Jabbar S/o Shafi Mohammed and Three Others, dt. 12/10/2010] - - ...

   

eLaw Herald 4 [New India Assurance Company Ltd Vs. Sadanand Mukhi, dt. 28/09/2010] - - ...

   

eLaw Herald 43 [State of West Bengal & Ors. Vs. S. K. Nurul Amin, dt. 05/07/2010] - - ...

   

eLaw Herald 37 [Nirmal Singh Vs. Charanjit Kaur & Ors., dt. 01/07/2010] - - ...

   

eLaw Herald 38 [Smt. Rekha & Ors. Vs. Motor Accident Claims Tribunal & Anr., dt. 30/06/2010] - - ...

   

eLaw Herald 31 [Damanjit Kaur & Ors. Vs. Rinku Kumar & Ors., dt. 17/05/2010] - - ...

   

eLaw Herald 36 [Shimnit Utsch India Pvt. Ltd. Vs. West Bengal Transport Infrastructure Development Corporation Ltd, dt. 12/05/2010] - - ...

   

eLaw Herald 39 [Union of India & Ors. Vs. Smt. Sarla Wife of Sh. Om Parkash & Ors., dt. 03/05/2010] - - ...

   

eLaw Herald 865 [Hariom & Anr. Vs. Dammi @ Rakesh & Anr., dt. 22/04/2010] - - ...

   

eLaw Herald 30 [General Insurance Council Vs. State of Andhra Pradesh, dt. 19/04/2010] - - ...

   

eLaw Herald 33 [Mahender Singh & Ors. Vs. Usha Rani & Ors., dt. 09/04/2010] - - ...

   

eLaw Herald 32 [United India Insurance Company Ltd. Vs. Sham Lal & Ors., dt. 08/04/2010] - - ...

   

eLaw Herald 14 [Manam Saraswathi Sampoorna Kalavathi Vs. The Manager APSRTC, Tadepalligudem A.P., dt. 26/03/2010] - - ...

   

eLaw Herald 35 [Davinder Singh Vs. Mandeep Singh & Ors., dt. 25/03/2010] - - ...

   
More Judgements....
 
 »

ergeg ...

 »

Law Commission wants Christian divorce law to be amended ...

 »

HC suspends sessions judge for corruption ...

 »

Form panel to look into alimony cases: HC ...

 »

Delhi HC to ensure placement agencies fall in Unorganised Workers Act ...

 »

Testimony of criminal can be accepted: SC ...

 »

Kicking daughter-in-law will not amount to cruelty: Supreme Court ...

 »

India needs new law to combat swine flu like situation ...

 »

Bigamy against true Islamic law: Law panel ...

 »

Promoting old age homes not in society's interest ...


More News ...





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