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Judgments and Orders

State of Maharashtra V/s. Vasant Shanker Mhasane

 21 February 2009

The essence of prescribing a punishment for matrimonial cruelty in a penal code will be frustrated if in proven instances of cruelty a court were to bend to the multifarious pleas for leniency...

Posted in Criminal Law |    hits

state of Maharashtra V/s. Madhukar Narayan Mardikar

 21 February 2009

Merely because she is a woman of easy virtue, her evidence can not be thrown overboard...

Posted in Criminal Law |    hits

activities of the liaison office- appln of IT

 21 February 2009

in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase of goods in India for the purpose of export..

Posted in Taxation |    hits

Specific performance of Gift Deed

 20 February 2009

gift cannot be obtained by compulsion through a decree of a court and it can only be obtained without consideration. An enforcement of such a gift will be clearly contravening Section 122 of the Transfer of Property Act. The definition of 'Gift' says..

Posted in Property Law 1 comments |    hits

employment of a few persons on account of some emergency

 20 February 2009

The word 'employment' must therefore. be construed as employment in the regular course of business of the establishment, such employment obviously would not include employment of a few persons for a short period on account of some pas..


PF contribution for contractors the helpers of Contractors

 20 February 2009

unless there is material that the labour engaged by the contractors is engaged for the private employer it cannot be said that they are labour through a contractor within section 2(f) of the Act..


marriage by a Hindu wth Christian under Hindu law

 19 February 2009

.Section 5 of the Act thereafter also makes it clear that a marriage may be solemnized between any two Hindus if the conditions contained in 14 the said Sect..

Posted in Family Law |    hits

Health Hazard-Telecom Tower erection

 18 February 2009

We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Pan..

Posted in Others |    hits

Appoint ment on compassionate ground-on immediate claim only

 18 February 2009

Appointment on compassionate grounds - cannot be claimed as a matter of right - can be claimed only in terms of the Rules or Regulations framed - should be immediately provided to a member of the family to redeem the sudden financial crisis in the fa..

Posted in Constitutional Law |    hits

Motive&suspicion without evidence not basis for conviction

 18 February 2009

Motive and suspicion howsoever strong can not be made the basis of conviction without any legal evidence..

Posted in Criminal Law |    hits

Fine for offence punishable U/S 304-B IPC can not be imposed

 18 February 2009

Although sentence of imprisonment can be extended upto life imprisonment under Section 304-B (2) I.P.C., but no fine can be imposed, as the legislature has not prescribed imposition of fine under this Section. The court can award only that sentence, ..

Posted in Criminal Law |    hits

Investigation U/S156(3) CrPC can't be challenged U/S 482CrPC

 18 February 2009

Order of investigation passed under section 156(3) CrPC can not be challenged in Revision or proceeding under section 482 CrPc by propsective accused. ..

Posted in Criminal Law |    hits

Fundamental rights-Interference with religious affairs of Te

 17 February 2009

A writ petition was filed in the Orissa, High Court by the father of the appellant challenging the validity of Shri Jagannath Temple Act, 1954. The petition was dismissed by High Court which held that the Act was valid and constitutional except s. 28..

Posted in Constitutional Law |    hits

Sec. 52-Distinction between lease and licence

 17 February 2009

It is now well settled by a catena of decisions of the Supreme Court that it is the creation of an interest in immovable property that distinguishes a lease from a licence. The intention of the parties is the real test for ascertaining the character ..

Posted in Property Law |    hits

denominational temple -exemption under Article 26

 17 February 2009

t is settled position in law, having regard to the various decisions of this Court that the words "religious denomination" take their colour from the word `religion'. The expression "religious denomination" must satisfy three requirements – (1) it mu..

Posted in Constitutional Law |    hits

individual workman can not claim lay-off compensation

 17 February 2009

once a written settlement is arrived at during the conciliation proceedings such settlement under Section 12(3) has a binding effect not only on the signatories to the settlement but also on all parties to the industrial dispute which would cover the..


religious denomination-private temple

 17 February 2009

State of Madras and Another [(1981) 1 SCC 445] referring to the very provisions of the Act has held that so far as Tamil Nadu is concerned there is initial presumption that a temple is a public one, it being up to the party, who claims that it is a p..

Posted in Constitutional Law |    hits

YAMUNABAI V ANANTRAO

 17 February 2009

MARRIAGE IS VOID U/S 11 OF HINDU MARRIAGE ACT IF SPOUSE IS LIVING...

Posted in Family Law |    hits

SEEMA V ASHWANI

 17 February 2009

Registration of marriages. ..

Posted in Family Law |    hits

SEEMA V ASHWANI

 17 February 2009

All marriages shall be compulsorily registered. ..

Posted in Family Law |    hits







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