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Introduction: Farid Pindari and others come with an appeal for a suit of the permanent injunction before the civil court by ignoring sec 85 of the waqf act 1995. As the defendant raise a boundary wall in their portion of land. Facts: A piece of land situated at Mirzaganj, Pargana, and Tehsil Milahabad Lucknow belonged […]
Does Waqf Tribunal Have Equal Power As Civil Court? Read More »
Facts: The Appellant was aggrieved because Bharat petroleum sub-let appellant’s property to a dealer and had neither vacated nor paid any arrears of rent since 2009 because the lease agreement expired in 2009 between the appellant and Bharat Petroleum way back before. Single judge and Division bench discarded the matter stating the writ was not
Actual Possession of property is more recognizable than legal possession of the property Read More »
Facts That appellant was convicted under 302, 376, 364, 366A, and 201 of the Penal Code. That appellant, under the pretext of giving biscuits, committed rape and murder of a five-year-old girl and threw her dead body into the stream. Both High Court & Trial Court confirmed the death sentence. Hence, this appeal. Contentions by
Commuting Death Sentence into Life Imprisonment Read More »
Facts: Appellants robbed the complainant when the complainant was on his bike to buy a plot in Delhi and was carrying a sum of Rs. 46,000/ wrapped in a red cloth which was embroidered as “Kamla” belonged to the wife of the Complainant. During the trial, witnesses of the complainant turned hostile and Complainant refused
Whether conviction can sustain only on purported disclosure of statements? Read More »
Facts: There were 5 accused but they did not use any deadly weapon while committing the offense but trial court, session court, and the high court convicted them under section 397. The aggrieved Accused preferred this appeal in Supreme Court. Principle – There is no difference between Section 391/395 and Section 397 IPC so far
Circumstances when Section 397 IPC punishment can be reduced Read More »
Facts: Submission/Contention Of Appellant: Submission/ contention of respondent: Principles and observation of court: Judgements: Opinion: I agree with the decision of the court for quashing the half-writ petition filed by Mohan Nayak. N, As the accused was found indirectly connected to the commission of an organized crime. The above lines are justified by sec3(2) of
Introduction: The complainant made claim for pensionary benefits by taking into consideration and reckoning the service 10 times rendered by the complainant in the Telecom Department which was served under the Central Government. Facts: Contentions of Appellant: Mr. P. V. Surendranath learned elderly counsel for the complainant made claim for the pensionary benefits by taking
Whether the benefit of a pension with a break in service is admissible? Read More »
Facts– Contentions of appellant– Contention of the respondent– Principle an observation of the court– Judgment– The Court observed that the allegations made against respondent no.2 are genuine and there is a clear prime face case against him as alleged by the appellant. Considering the same court found out that observations made by the High Court
Facts – Submission/Contentions of Appellant/s – The Appellant, through their counsel, argued that the decision to set aside the order passed by the Deputy Director by the High Court lacks any legal basis. The notification, dated 11th Oct 1952, vide Section 4 of the Abolition Act, was in force, and as per notification, all estates situated
Whether the rights, interest, and ownership be transferred based on revenue records? Read More »
Introduction: This Judgement clarifies the jurisdiction of the State Investigating Agency to investigate, remand, and commit a case for trial relating to the scheduled offenses under the National Investigation Agency (NIA) Act. Brief Facts of the Case: Contentions of the Appellants: The Appellant claimed that the State Investigating Agency divested its jurisdiction and breached the
Jurisdiction of State Investigating Agency For Scheduled Offences Under NIA Act Read More »