Arbitrator - Interim arrangement between parties

 09 August 2008

Pending arbitration, the Arbitrator can grant interim directions and make interim arrangement between the parties.

Posted in Corporate Law |    0 comments |    hits


Cruelty - Dowry Death

 05 August 2008

Demand of share of the wife in the ancestral property of the wife does not come within the meaning of "cruelty" defined in I.P.C.

Posted in Criminal Law |    0 comments |    hits


Jurisdiction of Civi Court in Labour disputes

 04 August 2008

Under Section 9 of Code of Civil Procedure Code whether the Civil Court has jurisdiction in the Labour disputes. Overlapping jurisdiction of two Courts in service matters. Held- when a right accrues under two statutes vis-à-vis the common law right,

Posted in Labour & Service Law |    0 comments |    hits


Disciplinary action cannot be taken againstRetired employee

 02 August 2008

Relationship of Employer employee relationship ceases to exist after retirement.So the employer cannot initiate any disciplinary action after retirement.

Posted in Labour & Service Law 2 comments |    hits


Reasonable doubt must grow out of evidence in the case

 01 August 2008

Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. To constitute reasonable doubt, it must be free from an overemotional response. Doubts must be actual and subs

Posted in Criminal Law |    0 comments |    hits


GOJER BROS. PVT. LTD.

 01 August 2008

doctrine of merger

Posted in Civil Law |    0 comments |    hits


Maintenance U/s 125 CrPC should be awarded from date of appl

 31 July 2008

the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. And if he intents to pass such an order, he is required to record reasons in support of such order.

Posted in Family Law |    0 comments |    hits


Order of registration of FIR not essential

 31 July 2008

Order of registration of FIR and its investigation by the police is not essential on each and every application under section 156(3) Cr.P.C.

Posted in Criminal Law |    0 comments |    hits


There is no parity in rejection of bail.

 31 July 2008

There is no parity in rejection of bail.

Posted in Criminal Law |    0 comments |    hits


Appeal against acquittal Reversal for compeling reason only

 30 July 2008

Presumption of innocence of accused is reinforced by an order of the acquittal. The appellate court could have interfered only for very substantial and compelling reasons.

Posted in Criminal Law |    0 comments |    hits


"falsus in uno falsus in omnibus" not applicabtion in Indi

 30 July 2008

Posted in Criminal Law |    0 comments |    hits


"falsus in uno falsus in omnibus" not applicable in India

 30 July 2008

"falsus in uno falsus in omnibus" has no application in India. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent

Posted in Criminal Law |    0 comments |    hits


Witness can be recalled at any stage

 30 July 2008

S. 311 is a general section which applies to all proceedings, enquiries and trials under the Code and empowers the Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. In Section 311 the significant

Posted in Criminal Law |    0 comments |    hits


Right to cross examine the witness called by court

 30 July 2008

If a witness called by the court gives evidence against the complainant, he should be allowed an opportunity to cross-examine. The right to cross-examine a witness who is called by a court arises not under the provisions of Section 311, but under the

Posted in Criminal Law |    0 comments |    hits


M/s. Rescuwear Corporation

 30 July 2008

Settlement Commission Decision

Posted in Taxation |    0 comments |    hits


.K. Gangadharan & Anr. Vs. CIT

 30 July 2008

principle of res judicata

Posted in Taxation |    0 comments |    hits


JAGDISH SINGH Vs. Madhuri Devi

 30 July 2008

if the appraisal of the evidence by the trial court suffers from a material irregularity or is based on inadmissible evidence or on a misreading of the evidence or on conjectures and surmises the appellate court is entitled to interfere

Posted in Family Law |    0 comments |    hits


RIGHT TO FLY NATIONAL FLAG

 29 July 2008

Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiment

Posted in Constitutional Law |    0 comments |    hits


Commissioner of Income-tax

 27 July 2008

Posted in Taxation |    0 comments |    hits


whether or not time was of the essence of the contract

 27 July 2008

HIND CONSTRUCTION CONTRACTORS PETITIONER: Vs. THE STATE OF MAHARASHTRA RESPONDENT

Posted in Others |    0 comments |    hits










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