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Lawyersclubindia Judiciary

the court can impose the sentence of fine on a company

 11 March 2010

Direct Taxation - Offence by Companies - Willful attempt to evade tax - Concealment of taxable income - Section 276C and Section 278B of Income Tax Act - Trial Court issued process against Applicant-accused on a complaint by Respondents that Applican..

Posted in Taxation |   1028 hits

statutory presumptions arising are required to be rebutted b

 11 March 2010

Criminal - Offence of dishonour of cheque - Statutory presumptions available to Complainant - Rebuttal thereof by Accused - Section 138 and Section 139 of Negotiable Instruments Act, 1881 - Appellant-Complainant challenged order of Trial Court acquit..

Posted in Criminal Law |   1133 hits

he Registrar while appearing in proceedings under Section 98

 11 March 2010

Intellectual Property Rights - Trademarks - Application for rectification of registration of trademark - Appearance of Registrar in legal proceedings - Content of deposition or statement made by Registrar or his duly authorised subordinate - Scope th..


Demarcated space made available in the warehouse by logistic

 06 March 2010

Seagate Singapore International Headquarters Pvt. Ltd. (applicant) was engaged in the business of manufacture and sale of Hard Disk Drives (disks). It has been supplying disks to Original Equipment Manufacturers (OEMs) in India. In order to minimize ..

Posted in Corporate Law |   2566 hits

No consent of State is necessary for High Court for directio

 06 March 2010

Constitution - Power of High Courts to issue certain writs - Article 226 of Constitution of India - Whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation..

Posted in Constitutional Law |   1558 hits

Appellate Court Re=appreciate Entire Evidence

 06 March 2010

Criminal - Appeal against acquittal - Review of evidence - Power of Appellate Court thereof - Sections 378 and 386 of the Criminal Procedure Code, 1973 ..

Posted in Criminal Law |   1509 hits

Legal Heirs of Deceased Landlord Cannot Raise New Ground

 06 March 2010

Tenancy - Suit for eviction of Tenanted premises - Bona fide requirement of premises claimed by Landlord - Death of Landlord-original plaintiff during pendency of proceedings - Continuity of proceedings by legal heirs of Landlord -Right thereof - Whe..

Posted in Civil Law |   2031 hits

State Govts is not appropriate Govt. in Case of Cement Indus

 06 March 2010

Labour and Industrial - Controlled Industry - Declaration of cement industry as Controlled Industry - Appropriate Government for Cement Industry - Delegation thereof - Applicability of MRTU and PULP Act - Section 30 of Industrial Disputes Act, 1947 a..

Posted in Labour & Service Law |   3613 hits

Courts Cannot be Intimidated

 06 March 2010

Contempt of Court - Contemnor Advocate interfering in judicial process and scandalizing Judicial Officer - Reference by lower court to High Court - Exercise of Jurisdiction by High Court - Section 2(c) of the contempt of Court Act, 1971 and Article 2..

Posted in Criminal Law |   1056 hits

Officially wedded 2nd Wife can only Claim Service benefits

 06 March 2010

Family - Issuance of Legal Heir Certificate for purpose of getting service benefits of deceased Government servant-husband - Non-inclusion of Petitioner-second wife of deceased as legal heir - Challenge thereto - Rule 49 of the Tamil Nadu Family Pens..

Posted in Family Law |   2528 hits

Insurer to Mandatorily obtain permission of MACT

 06 March 2010

Motor Vehicles - Accident Claim - Award by Tribunal in favour of Claimant - Appeal by Insurer against same - Maintainability of appeal - Permission of Tribunal not obtained by Insurer - Section 149(2) and Section 170 of Motor Vehicle Act, 1988 ..

Posted in Civil Law |   1848 hits

Court cannot Grant Possession if it is not Part of Contract

 06 March 2010

Contract - Contract of lease - Cessation of Juridical Possession of premise by virtue of lease - Enforcement of contractual rights - Grant of relief by Court - Challenge thereto - Plaintiff-Respondents and Defendant-Appellants entered into a contract..

Posted in Civil Law |   1958 hits

Insurance Company Can Invoke Jurisdiction of Consumer Fora

 03 March 2010

One recurring point of dispute in consumer law has been the standing of the person who makes the complaint. The Consumer Protection Act allows only persons who buy goods or services for their own purpose to approach a consumer forum. The law was amen..

Posted in Civil Law 1 comments |   3200 hits

Lifting the Corporate Veil

 01 March 2010

The courts have been more prepared to pierce the corporate veil when it feels that fraud is or could be perpetrated behind the veil. The courts will not allow the Salomon principal to be used as an engine of fraud. ..

Posted in Corporate Law |   5204 hits

Maintenance for an illegitimate child from an alleged father

 01 March 2010

Where maintenance is claimed for an illegitimate child from an alleged father, it is not enough that the defendant would have been the father, but the court has to find out that in all reasonability no one else could have been the father ..

Posted in Family Law |   3751 hits

3rd Party Passport Details are Allowed

 01 March 2010

Background 1. The RTI request was filed on 14.3.07. The Appellant requested for information about the passport and other enclosures of passport of one mr. Janu Pawar besides action taken on his complaint dated 28.4.08 . The CPIO replied on 13.5.08 d..

Posted in Civil Law |   2001 hits

False affidavit, perjury procedure in 24 HMA

 01 March 2010

If false affidavit is filed either of the parties in section 24 HM Act or elesewhere, there is a set procedure for initiation of purjury and it should not be taken lightly and should be decided separately by trial judge after conducting enquiry...

Posted in Family Law |   5903 hits

Divorced woman can’t use ex’s name

 01 March 2010

One application was filed by the ex­husband (husband) seeking to restrain his ex­wife (wife) from using his surname (name) since divorce decree has been already passed and has became final. This application came to be filed as an interim application..

Posted in Family Law |   2517 hits

VRS application can be withdrawn before employer accepts it

 26 February 2010

Petition had tendered his resignation under VRS Scheme but had applied to withdraw the same but bank refused it and matter wnet up till High Court wherein this judgment was delivered...

Posted in Labour & Service Law 1 comments |   2815 hits

Medical negligence is to be proved by Complainant-SC

 23 February 2010

A complaint was filed against medical practitioner stating therein that he is negligible in his treatment. The matter went upto National Consumer commission wherein it was held that the medical practitioner is not negligible and then appeal was filed..

Posted in Criminal Law |   1469 hits







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