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Lawyersclubindia Judiciary

Re-examine Valcyte patent

 06 December 2008

Recent decision by the Madras High Court ordering the Chennai Patent Office to re-examine Valcyte patent..


SICA-Suspension of legal proceedings

 06 December 2008

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Posted in Corporate Law |    hits

Offence of infringement of copyright-Quashing

 05 December 2008

Sections 63 and 69 read with section 482 of Code of Criminal Procedure, 1973 (Code) – Offences by companies – Offence of infringement of copyright – Prosecution of director – Plea of quashing in a proceeding under section 482 – Vissa Television Netwo..


SARFAESI Act - Applicablity to Agricultural Lands

 05 December 2008

Sections 13(4)(a), 17(1) and 31 – Enforcement of security – Secured assets – Interpretation – Interim stay in respect of land claimed to be agricultural land –Neel Madhav Mining (P.) Ltd. v. Authorised Officer, Union Bank of India [2005] 67 CLA 134..

Posted in Corporate Law 1 comments |    hits

Lifting of Coporate Veil

 05 December 2008

Section 34 read with article 226 of the Constitution of India – Corporate veil – Lifting of – Challenge by way of writ to order of District Forest Officer considering certain firm and certain company as one entity – Nandh Products Promoters (P.) L..

Posted in Corporate Law |    hits

Principles of natural justice

 05 December 2008

Principles of natural justice – Adherence to principles of nature justice in determing disputes between parties – Consequences of non-adherence – Objective behind principles of natural justice..


Recent judgments on Capital Gains

 05 December 2008

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Posted in Taxation |    hits

Judgments on Clubbing & Aggregation of Income

 05 December 2008

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Posted in Taxation |    hits

Citations on Procedure for Assessment

 05 December 2008

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Posted in Taxation |    hits

Special provisions relating to firms

 05 December 2008

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Posted in Taxation |    hits

Principle of mutuality

 05 December 2008

In a case where the assessee made persons renting the marriage hall as temporary members of the club and claimed that the entire income is not taxable on the principle of mutuality. The Kerala High court in CIT vs. Trivandrum Club (2006) 282 ITR 505 ..

Posted in Taxation |    hits

Profits and Gains of Business or Profession

 05 December 2008

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Posted in Taxation |    hits

Section 8 of Arbitration and Concilation ACt

 03 December 2008

Arbitration and Conciliation Act, 1996 — Sections 8, 16, 45 and 54 — Reference to Arbitration — Judicial authority must refer the dispute which is the subject-matter of an arbitration agreement if an action is pending before him, subject to the..

Posted in Others |    hits

Rent Act

 03 December 2008

Government Companies are excluded from operation of Rent Act...

Posted in Civil Law |    hits

Termination of service

 03 December 2008

Industrial Disputes Act, 1947, Sections 25F and 2(oo)(bb) - Termination of service - Casual labour - Engaged for specified project and after completion of work project was abolished - Question of applicability of section 25F of the Act depend upon th..


Natural Justice

 03 December 2008

Criminal Procedure Code, 1973, Sections 401, 402 and 482 - Penal Code, 1860, Sections 323,342,382,386 r/w 120 B - Natural justice - Complaint agaisnt appellant alleging offence under IPC - Complaint dismissed by Magistrate - Revision filed before the..

Posted in Criminal Law |    hits

Natural Justice

 03 December 2008

Civil Procedure Code, 1908, Order 33 Rules 1,3 and 8 - Natural justice - Indigent person - Exemption from court fee - Grievance that they had no opportunity to meet the case set up by the respondents in its counter affidavit, nor did it have opport..

Posted in Civil Law |    hits

Equitable relief - Suppression of facts

 03 December 2008

Constitution of India, Article 226 and 136 - Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 - Equitable relief - Suppression of facts - Default in payment of loan and interest by appellan..

Posted in Constitutional Law |    hits

Recovery against Guarentor

 03 December 2008

(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..

Posted in Corporate Law |    hits

Delayed Reference

 03 December 2008

Industrial Disputes Act, 1947, Sections 10 and 25F - Reference - Delayed reference - Delay of 13 years - Back wages - While upholding the direction of reinstatement, payment of back wages set aside. (Para 7 to 9)..








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