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


Candidate appearing in selection is estopped from challengin

 07 March 2008

Posted in Labour & Service Law |    0 comments |    hits


Juvenile Justice Act

 07 March 2008

Under Juvenile Justice Act order refusing bail to juvenile by Board and S.J. is not proper.

Posted in Criminal Law |    0 comments |    hits


Sec. 32 of I.T. Act,1961 not applicable to Professionals

 07 March 2008

Posted in Taxation |    0 comments |    hits


Doctrine of legitimate expectation

 02 March 2008

The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such esta

Posted in Constitutional Law |    0 comments |    hits


Burden of proof

 02 March 2008

If the plaintiff fails to prove the existence of the fiduciary relationship or the position of active confidence held by the defendant- appellant, the burden would lie on him as he had alleged fraud. The trial Court and the High Court, therefore- can

Posted in Civil Law |    0 comments |    hits


WILDLIFE PROTECTION AND CONSERVATION

 28 February 2008

Wild Life Protection Act, 1972 Reducing the area of Sanctuary through notifications of the State legislature

Posted in Others |    0 comments |    hits


Acquittal based on benefit of doubt.

 28 February 2008

"........as per Ballistic expert's opinion, cartridge E. C. 1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt. "

Posted in Criminal Law |    0 comments |    hits


Marine Insurance Act, 1963- S. 19

 27 February 2008

Where there has been a suppression of fact, acceptance of the policy by an officer of the insurance company would not be binding on it.

Posted in Corporate Law |    0 comments |    hits


Benefit of S. 6 of the Probation of Offenders Act ,1958.

 27 February 2008

when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probation of Offenders Act. This contention was neither taken in the sessions court nor in the

Posted in Criminal Law |    0 comments |    hits


Retrenchment

 24 February 2008

Posted in Labour & Service Law |    0 comments |    hits


Central Excise Act- Related person concept

 24 February 2008

Whether the respondent was a fagade or dummy of BBL and/or whether the respondent and BBL are related persons within the meaning of Section 4 (a) and 4 (3) (b) of the Act

Posted in Taxation |    0 comments |    hits


Passing Off and Infringement

 24 February 2008

Posted in Intellectual Property Rights |    0 comments |    hits


Infringement of Trade Mark

 24 February 2008

Trade and Merchandise Marks Act, 1958-Section 29 & 106- Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation h

Posted in Intellectual Property Rights |    0 comments |    hits










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