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


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










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