Big Lawyers Small Firm

Big Lawyers Small Firm We bring a unique blend of legal and advisory services to you. We have the best of the breed consultants, lawyers and professionals.

Our bouquet of services will help you to maintain edge in terms of cost, effectiveness and reliability. Our expertise enables us to provide our resident Indian, NRI and foreign clients with comprehensive legal services.

23/04/2016

Proviso to S.7(2) of WB Premises Tenancy Act 1997- Application for extension of time to deposit arrears of rent within period fixed by original order passed by Civil Judge must be made on or before date of expiry of original period fixed by civil Judge. Smt Bina Devi v RameshKumar, CO 1847/13, 14.5.15CHC

23/04/2016

Candidates cannot approbate & reprobate at same time- Either they should not participate in interview & challenge procedure or they should challenge immediately after the interviews were conducted. HC Pradeep Kumar Rai v. Dinesh Kumar Pandey, CA No. 6549/14, 11.5.2015 Supreme Court Lawyers Forum #.

21/02/2016

Law is not such that whenever defence alleges certain specific facts in support of their innocence, such facts have to be established by defence beyond all reasonable doubts. Sentu Mondal v State of West Bengal, CRA 266/2010, 13.5.2015 CHC
Lawyers Forum # Full Text Judgments, Call 9555778811 #

21/02/2016

An application under any specified Act before Civil Court is an appl. conceived under Art.137 of Limitation Act, 1963- Any other appls. is not restricted to an appl. under CPC but an application under special statute being filed before Civil Court. Arvind Garach v. Pragna Garach, CO 323/15, 14.5.2015 CHC

24/11/2015

Where an Executive action of State is challenged, Court must tread with caution & not overstep its limits- The interference by Court is warranted only when there are oblique motives or there is miscarriage of justice. HC Pradeep Kumar Rai v Dinesh Kumar Pandey, CA 6549/14, 11.5.15 SC #

24/11/2015

Purpose of examination of accused u/s 313 CrPC is to give him opportunity to explain incriminating material on record- In absence of questions put to him such opportunity lost- Defective examination u/s 313 Cr.P.C. will render the order of conviction bad. Bimal Kr. Mondal v. State, CRA 340/97, 5.5.15 CHC

24/11/2015

It is only u/s 24 of CPC, High Court can transfer petition u/s 34 of Arbitration & Conciliation Act 1996 from the Court of Additional District Judge to Original Side of High Court. Power Grid Corpn of India v Musluck Corpn. CO 728/14, 5.5.15CHC

16/10/2015

S.199(4) CrPC- To initiate criminal proceedings, public servant need not to obtain sanction from Govt in respect of each one of accused in same transaction- It is sufficient if one sanction is accorded to prosecute all persons involved in that occurrence. Rajdeep Sardesai v St of AP, CrA857/12, 14.5.15SCAllotment of Govt. Contracts- Govt./its departments can ask for registration- Production of Character Certificate can also be eligibility condition- Experience can also be relevant for such regn.- Such Regulations ensure participation of genuine contractors. Manyata Devi v St of UP, CA4475/15, 15.5.15 SC

16/10/2015

S.498A/304B/34 IPC- Su***de in 6 1/2 yrs of marriage by consuming poison- Husband in custody- Mother-in-law on bail- Nature of allegations &role attributed no case for custodial interrogation of father-in-law & brother-in-law- Anticipatory Bail granted. Bikash Majumder v. State, CRM 4300/15, 13.5.15 CHC

16/10/2015

Witness cannot be denied to give evidence as partner only because other partners of firm can depose- Certain facts within his special knowledge cannot be proved by other persons- Trial Court erred in rejecting application for recording of his evidence by LC. Tirpuati Fibre v. Gita, CO1591/15, 11.5.15 CHC

15/09/2015

S.15 NDPS Act- Conscious Possession- 110 bags of Poppy Husk in truck- Presence of accused in truck proved- Once possession is found accusedis presumed to be in conscious possession- If accused pleads absence of conscious possession he has to prove it. Kulwinder Singh v St of Punjab, CrA681/11, 5.5.15 SC

15/09/2015

No documents supplied to employee along with charge-sheet- Some documents given during departmental inquiry- List of documents & witnesses also not supplied- Some documents produced during inquiry- Order of punishment not sustainable. Bilaspur Raipur KG Bank v Madanlal Tandon, CA No.4467/15, 15.5.2015 SC

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