Welcome to ICO - Indian Cases Online
Click here to read/search for Indian Acts/Rules
Click here to read/search for Indian Acts/Rules

 

 

2013 ICO 2286 - A. Constitution of India, 1950 – Article 13 – Presumption of constitutionality - The principle of presumption of constitutionality would apply to pre-constitutional laws, which have been adopted by the Parliament and used with or without amendment. Both pre and post Constitutional laws are manifestations of the will of the people of India through the Parliament and are presumed to be constitutional. (Paras 28 & 31) B. Constitution of India, 1950 – Article 13 – Interpretation of statutes - Declaring a law as unconstitutional is one of the last resorts taken by the Courts.   The Courts would preferably put [Supreme Court of India] read more...
2013 ICO 2198 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act ,1995- Kerala State Co-operative Societies Act, 1969 - - sub-section (5) of Section 80 – Reservation – Cannot be left to the caprice of the employer - The mandate of reservation, as provided in the proviso, cannot at all be escaped from and it has to be complied with at the earliest moment and would not at all depend upon the whim or caprice of the employer. To leave it to the employer to decide as to which vacancy he would appoint a disabled person entitled to [High Court of Kerala] read more...
2013 ICO 2275 - Motor Vehicles Act 1988 Sec 128, 166 – Negligence- The mere fact that two pillion riders were travelling in a motorcycle will not ipso facto lead to the inference that there was contributory negligence on the part of the rider of the motor cycle unless it is positively proved that such carrying of two pillion riders actually contributed to the accident. The ratio of the decision reported in 2008(4) KLT 817 should be considered in the light of the facts of that case. Para (7) [High Court of Kerala] read more...
2013 ICO 2243 - A. Minimum Wages Act, 1948 – 'Service weightage' – Service weightage at the rate of 1% of the revised basic wages for every completed year of service is not an incentive, but a variable which every employee would be uniformly entitled to subject only to the continuous period of service rendered by the employee. (Para 6) B. Minimum Wages Act, 1948 – Section 2(e)(iv) – Managers would not come within the definition of 'employee' as defined under the Act. The provision of 'minimum wages' to Managers cannot be enforced by the Government. (Paras 7 & 8) C. Constitution of India, 1950 – [High Court of Kerala] read more...
2013 ICO 2238 - A. Indian Penal Code, 1860 – Section 504 – The mere use of abusive words is not sufficient to attract the offence. The words must be used with the intention to insult the person against whom they are used.  Mere forbearance of the person insulted from reacting is not sufficient to protect the offender. (Para 10) B. Indian Penal Code, 1860 – Section 504 - In order to attract an offence under S.504, the words must be spoken face to face to the complainant or it must be addressed to the complainant by way of a letter and must [High Court of Kerala] read more...
2013 ICO 2173 - Companies Act, 1956 - Section 391 - Compromise Scheme with creditors and members - Approval by Company Court - The Company Court should not merely go by the Scheme approved by the majority of the share holders or creditors, but it has to consider the pros and cons of the Scheme with a view to find out whether it is fair and just and whether it offends any provisions of law or violates any public policy.  However, the Company Court cannot act as a court of appeal to find out whether a better Scheme could have been adopted. (Para [High Court of Kerala] read more...
2013 ICO 2163 - A. Kerala Co-operative Societies Act, 1969- Section 31- Kerala Co-operative Societies (Amendment) Act, 2013 - sub-section (2A) of Section 31 – Locus standi – Challenged - When the President of an Employees' Association cries wolf, as to an usurper in office, this Court cannot turn him away at the threshold, merely for reason of this Court's prior experience of a swamp of meddlesome interlopers. The contention of locus standi raised by the respondents is negatived.(Para 9) B. Kerala Co-operative Societies Act, 1969 - Section 31 (2A)  - Section 31 does not in any manner run counter to Part [High Court of Kerala] read more...
2013 ICO 2183 - A. Indian Penal Code, 1860 – Section 499 – Defamation - No offence of defamation will lie if there is no mens rea. (Para 11) B. Indian Penal Code, 1860 – Sections 499 & 500 – Defamation – Offence by a juristic person - Mens rea cannot be attributed to a juristic person and therefore a juristic person cannot be prosecuted for an offence under S.499. (Para 11)  [High Court of Kerala] read more...
2013 ICO 2240 - Indian Contact Act, 1872– Sections 39 & 73 and Specific Relief Act, 1963 - Anticipatory breach of contract – Remedies - Anticipatory breach of contract would not give a cause of action to sue for specific performance.  An anticipatory breach of contract before the expiry of period for performance would only give rise to a cause of action to claim damages, treating the breach as ending the contract. [High Court of Kerala] read more...
2013 ICO 2239 - A. Kerala Buildings (Lease & Rent Control) Act, 1965 - Sections 11(3) – Bona fide need - Merely because the landlord and his son are conducting other business, it  cannot be a bar for starting another business in their own building. The tenant cannot dictate that the landlord and his son should be satisfied with the business they are conducting. (Para 12) B. Kerala Buildings (Lease & Rent Control) Act, 1965 – Section 11(4) (ii) – Material alteration - Reduction of floor level - Merely because that floor level can be restored, it cannot be said that the alterations made [High Court of Kerala] read more...
The Companies (Amendment) Act,
The Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Amendment Rules,
The Central University Act,2009.
The Representation of the People (Miscellaneous Provisions) Act,
The Exchange of Prisoners Act,
The Protection of Civil Rights
The Identification of Prisoners Act,
The Prisons Act,1894.
The Charitable Endowments
The Indian Christian Marriage Act, 1872.
Team ICO is at Hard Work to serve you better ! read more...
AwanDilangit was Here || to:Sakura Arumsari :D || One lakh too low salary for SC Judges says Justice Katju! By Shanmugham D. Jayan and Raghul read more...
An Open read more...
Parking Law in India By Madhu. read more...
Changes Brought in by the recent FDI read more...
Member Login
Username
Password
Forgot Password ? Click here
Not a member yet ?
Click button below

Not registered yet ? Click here to register

Disable pop-up blocker, if any on your browser
All Rights Reserved. 2009 ~ 2010 © Indian Cases Online www.indiancasesonline.com