Closure of municipal slaughter houses for jain community.

 23 March 2008

Brief : : SC held the resolution passed by the Standing Committee of the Municipal Corporation of Ahemdabad in relation to closure of slaughter house during Paryushan festival of Jain is valid is law.

Posted in Constitutional Law |    0 comments |    hits


Maintainability of revision challenging order under 156 (3)

 17 March 2008

Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused.

Posted in Criminal Law |    0 comments |    hits


Public Interest Litigation-Locus Standi to file petition

 16 March 2008

Public Interest Litigation - Locus Standi to file Petition - Disclosure of Source of Documents - Service Matters - Guidelines

Posted in Constitutional Law |    0 comments |    hits


138 Negotiable Instruments Act-Service of notice

 16 March 2008

Section 482 - Negotiable Instruments Act - Section 138 - A penal provision should be construed strictly; the condition precedent wherefor is service of notice. It is one thing to say that the demand may not only represent the unpaid amount under cheq

Posted in Criminal Law |    0 comments |    hits


N I Act, – Section 138, 139 – Burden of proof

 16 March 2008

Complaint on dishonour of cheque – Burden of proof - Reversal of a judgment of acquittal passed by the learned Trial Judge in favour of the appellant - The criminal court while appreciating the evidence brought on record may have to weigh the entire

Posted in Criminal Law |    0 comments |    hits


Divorce - What is cruelty?

 16 March 2008

Hindu Marriage Act, 1955 – Section 13 (ia) & 28 of the – Cruelty – Divorce - To constitute cruelty, the conduct complained of should be "grave and weighty" so as to come to the conclusion that the petitioner spouse cannot be reasonably expected to li

Posted in Family Law |    0 comments |    hits


Divorce – Mental Cruelty

 16 March 2008

The concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system etc. etc. What may be mental cruelty now may not remain a mental cruelty

Posted in Family Law |    0 comments |    hits


Reference cannot be rejected on grounds of delay

 16 March 2008

Effect of a dispute raised after about 8 years was also not considered. It is not in dispute that the Labour Court cannot refuse to answer the reference because of delayed approach. But it can certainly modulate the relief.

Posted in Labour & Service Law |    0 comments |    hits


Reinstatement with back wages

 16 March 2008

Labour Court and the High Court have held that self employment is not gainful employment - Whether running a small Betel Shop can be said to be gainful employment

Posted in Labour & Service Law |    0 comments |    hits


Who is a workman?

 16 March 2008

Industrial Disputes Act, 1947 – Section 2(s) – Workman - Peon attached to the Public Prosecutor - For bringing in application of Section 2(s) of the Act, the workman must be employed in an industry. The Law department can, by no stretch of imaginatio

Posted in Labour & Service Law |    0 comments |    hits


Restriction of back wages

 16 March 2008

So far as delay in seeking the reference is concerned, no formula of universal application can be laid down. It would depend on facts of each individual case

Posted in Labour & Service Law |    0 comments |    hits


Pension - Meaning of the term "broken period"

 14 March 2008

An employee, was entitled to pension provided he has completed the specified period of service. How such a period of service would be computed is a matter which is governed by the statute. It is one thing to say that a statute provides for completion

Posted in Labour & Service Law |    0 comments |    hits


Management of temple

 14 March 2008

Hindu Succession Act, 1956 - Section 14(1) - the necessity to have a fixed term of management for the purpose of running the temple in question has been accepted by the family for a long time

Posted in Civil Law |    0 comments |    hits


Maharashtra Rent Control Act, 1999 – Section 3(1)(b)

 14 March 2008

Maharashtra Rent Control Act, 1999 – Section 3(1)(b) – Applicability of the Rent Act –Paid up share capital of a Company - Jurisdictional fact and adjudicatory fact - The fact or facts upon which the jurisdiction of a Court, a Tribunal or an Authorit

Posted in Property Law |    0 comments |    hits


Subletting of the premises

 14 March 2008

The theory of lifting the corporate veil has been accepted in certain circumstances which have already been referred by this Court in a series of decisions. However, so far as this case is concerned, as per the finding of fact recorded by the appella

Posted in Property Law |    0 comments |    hits


Customs Act-Price reduction to Evade Duty Payable

 14 March 2008

Adoption of two different values for the same goods for the purpose of charging duty of customs under Section 12 of the Act and Section 3 of the Customs Tariff Act, 1975 is not only unprecedented but also patently illegal

Posted in Taxation |    0 comments |    hits


Constitution of India - Article 129 - Contempt of Courts Act

 14 March 2008

It was agreed to by the petitioner only on the representation made by the alleged contemnors that they would furnish a bank guarantee provided an order is passed in that behalf by the learned Arbitrator - The fact that the learne

Posted in Constitutional Law |    0 comments |    hits


Appointment of Arbitrator

 14 March 2008

The power exercised by the Chief Justice of the High Court or the Chief Justice of India under Section 11(6) of the Act is not an administrative power. It is a judicial power.

Posted in Corporate Law |    0 comments |    hits


Arbitration and Conciliation Act, 1996 - Section 34

 14 March 2008

There is no proposition that the courts could be slow to interfere with the arbitrator’s Award, even if the conclusions are perverse, and even when the very basis of the Arbitrator’s award is wrong

Posted in Corporate Law |    0 comments |    hits


Arbitration and Conciliation Act, 1996 – Section 34 & Central Excise

 14 March 2008

there was no question of applying the principle of sub silentio when the terms and conditions were well known and clearly understood between the parties. More so, the modvat credit is available in order to avoid double taxation on the papers

Posted in Corporate Law |    0 comments |    hits










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