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 |   3583 hits


Urgent need for measures to checkmate prejudice to large sections of general public

 22 July 2015

Judgments of the higher court/s and/or the Apex Court are either per incuriam and/or stare-decisis and/or against the doctrine of Pith N Substance and/or Ultra Vires and/or otherwise untenable looking to the ground realities. Such judgments remain

Posted in Others 2 comments |   3396 hits


SC: Guidelines for govt. ads

 15 May 2015

The Supreme Court bench comprising of Justices Ranjan Gogoi and Pinaki Chandra Ghose prescribed detailed guidelines on the issuing of government advertisements.

Posted in Others 8 comments |   6191 hits


SC: Dishonour of cheque

 01 May 2015

The Supreme Court bench comprising of Justices J. Chelameswar and Pinaki Chandra Ghose held that the printed date on the cheque, in absence of any other evidence, cannot be conclusive of the fact that the cheque was issued on that particular date.

Posted in Others 22 comments |   11293 hits


Non-joinder of parties under WCA, 1923

 11 March 2015

The main contention of the appellant is that since the contractor has not been made a party to the case , the commissioner has decided that the claim was not maintainable though it was clearly proved that the deceased was employed in the factory prem

Posted in Labour & Service Law |    0 comments |   8270 hits


Constitutional validity of Sec. 234E of Income Tax Act, 1961

 16 February 2015

Section 234E of the Income Tax Act,1961 is intravires the Constitution of India. The said Section 234E does not violate any provision of the Constitution of India. Delay in furnishing TDS Returns/Statements increases the work burden of the Department

Posted in Taxation 1 comments |   9186 hits


First ever physically challenged person to undergo ability test

 27 January 2015

The petitioner, Ritesh Sinha, who suffered from spastic cerebral palsy, ot selected for the post of a clerk (under reserved category for physically challenged) at the District and Sessions Court, Karnal on Oct 23, 2010. However, after three months, h

Posted in Labour & Service Law 3 comments |   7240 hits


SC: Prosecution to prove that a ‘dowry death’ has occurred

 21 January 2015

The bench comprising of Justices Vikramajit Sen and Kurian Joseph set aside the judgment passed by the Punjab and Haryana High Court and laid down certain rules of interpretation in dowry deaths.

Posted in Criminal Law 3 comments |   6648 hits


Whether levy of service-tax on Advocates is Constitutional – Article 19(1)(g)

 22 December 2014

The Petitioner is an Indian citizen and a practicing Advocate. He claims to be affected by the levy of Service Tax on Advocates. It is the case of the Petitioner that section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 200

Posted in Others 12 comments |   6961 hits


Additional Enhanced Cost can be charged by developing agency from allottee

 17 December 2014

A) Allotment of residential plot - the Administration issued the allotment letter in favour of the appellant within 48 hours of submission of application making it clear that as the proper calculation could not be made and tentative price had not bee

Posted in Property Law |    0 comments |   4500 hits


SC: Persons who are likely to erode the credibility of the police ought not to enter the police force.

 08 December 2014

The bench comprising of Justices T.S. Thakur and Adarsh Kumar Goel held that a candidate to be recruited to the police service must be worthy of confidence, a person of utmost rectitude, must have impeccable character and integrity. A person havin

Posted in Labour & Service Law 3 comments |   4074 hits


Sexual intercourse, which is forceful and not forcible, not rape.

 04 November 2014

The bench comprising of Justices Pradeep Nandrajog and Ms. Mukta Gupta held that sexual intercourse, which is forceful and not forcible is not rape. The bench, thereby, acquitted the accused. "As regards the offence punishable under Section 376 IP

Posted in Criminal Law 21 comments |   8224 hits


Whether capital receipts received by an assessee on issue of equity shares to its non-resident holding entity and the short-fall between fair market price and issue price of its equity shares can b

 13 October 2014

The Petitioner, Vodafone India Services Pvt. Ltd., is a wholly owned subsidiary of a non-resident company, Vodafone Tele-Services (India) Holdings Limited (the holding company). In AY 2009-10,the Petitioner issued equity shares on a premium to its ho

Posted in Others 1 comments |   3700 hits


CCI imposes penalty on Super Cassettes Industries Ltd. for abuse of dominant position

 06 October 2014

The Competition Commission of India held Super Cassettes Industries Limited in contravention of the provisions of section 4(2)(a)(i) of the Competition Act, 2002 for imposing unfair conditions of Minimum Commitment Charges (MCC) upon the private FM S

Posted in Others |    0 comments |   2476 hits


SC: Will drawn up in English is valid, even if the testator is ignorant of the language.

 15 September 2014

The Supreme Court bench comprising of Justices Ranjan Gogoi and R.K. Agrawal held that a Will drawn up in English is valid, even if the person bequeathing his/her property was ignorant of the language, provided the content was explained to the testat

Posted in Others 1 comments |   4410 hits


SC: Review petition of a death convict to be heard in an open court

 11 September 2014

The Supreme Court Constitution bench comprising of Justices R.M. Lodha, Jagdish Singh Khehar, A.K. Sikri, Rohinton Fali Nariman and Chelameswar, in a majority verdict, has ruled that the review petition of a death convict to be heard in an open cou

Posted in Criminal Law |    0 comments |   2589 hits


CCI imposes penalty of Rs. 2544.64 crores on car companies

 27 August 2014

The Competition Commission of India found 14 car companies in contravention of the provisions of the Competition Act, 2002. Commission also imposed a penalty calculated at the rate of 2% of the average turnover of the 14 car companies amounting to Rs

Posted in Others 4 comments |   2844 hits


SC: Landmark judgment on jurisdiction in cheque bounce cases

 12 August 2014

The Supreme Court bench comprising of Justices T.S. Thakur, Vikramajit Sen and C. Nagappan held that a complaint of a bounced cheque must be only filed at the place of dishonour of cheque Justice T.S Thakur wrote a separate but concurrent opinion an

Posted in Civil Law 6 comments |   8855 hits


SC: Commissions are not 'Courts'

 30 July 2014

The Supreme Court Constitution bench headed by the Chief Justice of India, R.M. Lodha dismissed the contempt petitions against the then Editor of India Today, Mr. Arun Shourie. The case involved an editorial published in The Indian Express in 1990

Posted in Criminal Law 1 comments |   3574 hits


NGT directs MoEF to appoint only experts in panels

 21 July 2014

The National Green Tribunal bench headed by Justice Swatanter Kumar directed the Ministry of Environment and Forest not to appoint persons as Chairperson/Members of the Expert Appraisal Committee/State Expert Appraisal Committee who do not have exper

Posted in Others |    0 comments |   2428 hits










×

  LAWyersclubindia Menu