M.P. Sharma and others v Satish Chandra

 20 July 2018

"This has to be cleared, or we cannot move further", etched the news papers on fifteenth day of March in 1954. The Dalmia Group owned in the name - Ms Dalmia Jain Airways Ltd had been squared by the investigating agencies, two yrs after it had liquid

Posted in Others |    0 comments |   1605 hits


Crimes Against Body - Abduction - Hazarika vs State Of Assam

 12 July 2018

The victim (A minor then) was enticed by the appellant, from near the house where she had gone in order to answer nature’s call, luring her into the idea of marriage. FIR was registered and proceedings in the District and High Court closed in the con

Posted in Criminal Law 3 comments |   668 hits


Landmark passing off case on Trademarks - Yahoo Inc vs Akash Arora

 05 July 2018

A landmark judgment in the IP rights field by the Delhi High Court on one of the most famous cases in India whereby, the defendant Akash Arora started providing like webbed services in the name of Yahoo India, which was found to be violative of the T

Posted in Others |    0 comments |   738 hits


Landmark case of Hussanaira Khatoon Vs St. of Bihar on the Writ of Habeas Corpus

 27 June 2018

The two masters of law, Justice Bhagwati and Justice Desai, ordered the release of a huge number of Under-trials who have been behind the bars for periods more than the maximum period that could be awarded for the crimes they had been charged with. R

Posted in Others |    0 comments |   573 hits


Triple Talaq

 13 June 2018

The dawn of the 22nd day of August 2017 witnessed a revolutionary judgement passed by a 5 judges bench of the Hon’ble Supreme Court holding the practice of Triple Talaq unconstitutional and violative of the rights of Muslim women, that too for a very

Posted in Constitutional Law 1 comments |   681 hits


Consumer Forum Slaps a fine of Rs 10,000/- to Consumer

 15 November 2017

On 30/10/2017 The District Consumer Forum Warangal passed an interesting judgment in the case CC/4/2017 (Ravichandra. D Vs Samsung Electronics). The DCF Warangal passed the above Judgment directing the Complainant (i.e) Consumer to pay Rs10,000

Posted in Others 6 comments |   807 hits


Treatise on law of terms of contract of appointment

 03 January 2017

The Educational Appellate Tribunal under Karnataka Education Act 1983 in my considered opinion is well within its jurisdiction to declare the terms and condition No 3 in the appointment order as void illegal and unenforceable in an application filed

Posted in Others 1 comments |   2684 hits


Bombay High Court Judgement

 15 June 2016

Posted in Others 3 comments |   6899 hits


Rate of interest on delayed payment of duty as applicable during the impugned period - Issues therein

 17 May 2016

The Hon’ble CESTAT, Chennai held as under: - The Adjudicating Authority had rightly computed the interest amount from the due date till the date of payment in respect of demand for the month of January, 2011, by working out interest at 13% up to M

Posted in Others 2 comments |   4863 hits


1 year time limit to claim refund under Rule 5 of CCR reckoned from the date of receipt of export proceeds and not from date of export of services

 04 May 2016

The Hon’ble CESTAT, Bangalore held that although there is no specific 'relevant date' under Section 11B of the Excise Act to claimrefund of unutilized credit, but, that would not rule out applicability of Section 11B. Relevant date should be the date

Posted in Others 3 comments |   3507 hits


Rebate of Excise duty admissible on both inputs & final products

 04 May 2016

Hon’ble Apex Court held that it cannot be the intention of the Legislature to provide rebate only on one item i.e. either on inputs or final products. It was further held that giving such restrictive meaning to Rule 18 of the Excise Rules would not o

Posted in Others |    0 comments |   3362 hits


No Service tax on sharing of resources and cost/ expenses with the Group Companies

 04 May 2016

The Hon’ble CESTAT, Mumbai held that reimbursement of the cost of obtaining and employing resources/certain expenses incurred by the Appellant on the behalf of the Group Companies cannot be regarded as consideration flowing to the Appellant towards t

Posted in Taxation 4 comments |   4079 hits


No Service tax could be levied if there was a transfer of right to use goods irrespective of the fact that the transfer was non-exclusive

 30 March 2016

The Hon’ble AAR, after detailed discussion, held that: The phrase 'grant of license to use the system on a non-exclusive basis' is used for the reason that the proprietary/intellectual property used in the system is utilized by the Applicant in othe

Posted in Taxation 1 comments |   2520 hits


Construction Services provided to IIT exempt even though Government does not hold 90% or more equity/control in it

 30 March 2016

The Hon’ble High Court of Patna held as under: The ‘Governmental authority’ as defined in the Notification dated January 30, 2014, means an authority or a board or any other body set up by an Act of Parliament or State Legislature;

Posted in Taxation 1 comments |   1747 hits


Sodexo Meal Vouchers are not 'goods' within the meaning of Section 2(25) of the Act and, therefore, not liable for either Octroi or LBT

 18 December 2015

We are of the opinion that the judgment of the High Court has not discussed and decided the issue correctly and warrants interference. We, thus, allow these appeals and set aside the judgment of the High Court by holding that Sodexo Meal Vouchers are

Posted in Others |    0 comments |   3652 hits


NJAC out after SC strikes down 99th Constitutional Amendment

 16 October 2015

The collegium system of judicial appointments is here to stay. The Supreme Court today declared the National Judicial Appointments Commission (NJAC), and the Constitutional amendments involved, to be in violation of the Constitution of India.

Posted in Others 14 comments |   3773 hits


Bank is directed to pay the petitioner all the accrued increments and quarterly allowances from the date of his suspension which he would have been entitled to draw if he was not put under suspension

 10 September 2015

The petitioner has to be paid all the increments and quarterly allowances which he would have been entitled if he was not under suspension from the date of his suspension in addition to the amount already paid to him by the clause has been correctly

Posted in Labour & Service Law 3 comments |   4618 hits


Employees are entitled to the calculation of increments during the period of suspension

 08 September 2015

The fact that in terms of Sastri Award, Desai Award and Bipartite Settlement, the employees are entitled to the calculation of increments during the period of suspension not being disputed, the petitioner/Union is entitled to succeed and entitled t

Posted in Labour & Service Law 3 comments |   5012 hits


Whether the subsistence allowance during the period of suspension of an employee of the bank should be paid by taking into account the increments which fell due during the period of suspension

 05 September 2015

"The last contention is regarding payment of increments and quarterly allowances to the petitioner during the period of his suspension. Since there is a provision in Clause 17 of Desai Award, suspension allowance has to be paid according to this pr

Posted in Labour & Service Law |    0 comments |   4481 hits


Stamp Act applicable to State of M. P. (Stamp Duty on POA when given to Non-Relative)

 13 August 2015

Judgement of Hon’ble Mr. Lodha (J) & Mr. Gokhale (J) in Civil Appeal No. 684/2004 State of MP v/s Rakesh Kohli delivered on May 11, 2012 w.r.t. Stamp Act applicable to State of M. P. (Stamp Duty on POA when given to Non-Relative)

Posted in Others 2 comments |   4246 hits










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