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


Labour & services- Disciplinary proceedings-Powers of the High Court

 13 March 2008

Once it is found that all the procedural requirements have been complied with, the Courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee. The Superior Courts only in some cases may invoke the d

Posted in Constitutional Law |    0 comments |    hits


Business expenditure- Commitment charges and finance charges

 13 March 2008

The assessee-company had borrowed foreign currency loan from IDBI which in turn was refinanced by the foreign company. It paid commitment charges and finance charges to the said foreign company. The questions that arose for consideration were as to (

Posted in Taxation |    0 comments |    hits


Suspension of sentence

 13 March 2008

The Appellate Court, however, while suspending the sentence, was entitled to put the appellant on terms. However, no such term could be put as a condition precedent for entertaining the appeal which is a constitutional and statutory right

Posted in Criminal Law |    0 comments |    hits


Writ Petition - Territorial Jurisdiction

 13 March 2008

it is clear that for the purpose of deciding whether facts averred by the petitionerappellant, would or would not constitute a part of cause of action, one has to consider whether such fact constitutes a material, essential, or integral part of the

Posted in Constitutional Law |    0 comments |    hits


Non-consideration of the Reconciliation Method

 13 March 2008

Posted in Corporate Law |    0 comments |    hits


No disciplinary proceeding after superannuation unless there

 07 March 2008

Posted in Labour & Service Law |    0 comments |    hits


Unregistered Agreement to sell can not be specifically enfor

 07 March 2008

Posted in Legal Documents 1 comments |    hits










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