AIR 1976 SC 1654 para 42
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Thursday, January 26, 2012
Conviction and Enquiry under Article 311
Upon conviction, employee can be dismissed under Art 311. If acquitted, he can approach for reinstatement.
KC Sareen: 2001(2)ACR1665(SC), AIR2001SC3320, 2001(2)ALD(Cri)398, 2001ALLMR(Cri)2160(SC), 2001(49)BLJR1772, 2001CriLJ4234, 2001(3)Crimes399(SC), JT2001 (6)SC59, 2002-1-LW(Crl)241, 2001(4)SCALE644, (2001)6SCC584, 2001(2)UC299
and
(1999)IIILLJ55SC
and
Deputy Director v. Nagoor Meera, AIR1995SC1364
Wednesday, January 25, 2012
Limitation as a preliminary issue - how to deal with
2006 (5) SCC 638 - has to be examined only if the plaint discloses that the case is barred by limitation ( Order 7, Rule 11)
Plea of demurrer
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Tuesday, January 24, 2012
No date time place of enquiry fixed - enquiry to be quashed
2009(2) SCC 570 Roop Singh Negi and 2010 (2) SCC 772 Saroj K Sinha.
Also see 1386/2010 serb dated 23 Jan 2012
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Thursday, January 5, 2012
Case involving identical points must be given identical treatment by the court.
2011 (29) LCD 1400
State of UP v. Hirendrapal Singh
(Supreme Court)
State of UP v. Hirendrapal Singh
(Supreme Court)
Follows and repeats Vishnu Traders
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Duty of court to rescue common man, especially if old and sick.
2011 (29) LCD 950
SP Mittal v. State of UP
SP Mittal v. State of UP
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Wednesday, December 28, 2011
Refusal to register a document
Refusal to register a document under the Registration Act, has to be as per the Act
AIR 2011 AP 101
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AIR 2011 AP 101
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Tender condition
AIR 2011 SC 2194
AIR 2011 Ori 112
Tender condition liable to be struck down if irrational and arbitrary.
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AIR 2011 Ori 112
Tender condition liable to be struck down if irrational and arbitrary.
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Impossibility of performance
AIR 2011 SC 1989
Law excuses when performance is impossible.
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Law excuses when performance is impossible.
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Breach of policy condition
Even if there is a breach of policy condition, insurance company is liable to satisfy decree at first instance. It can later recover compensation amount from owner and/or driver of offending vehicle.
AIR 2011 Raj 104
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AIR 2011 Raj 104
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