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Judgments and Orders

Share Application money forfeited for non payment of call cannot be considered as income in the year of forfeiture

 13 December 2011

) (A) That on the facts and circumstances of the case, the ld. CIT(A)-XII, has grossly erred in confirming the brought forward “SHARE APPLCIATION FORFEITURE ACCOUNT” as unclaimed credit and thus, confirming addition for ` 25,00,000/- to the declared ..

Posted in Taxation |   4963 hits

Taxes paid by the employer is treated as perquisites included in the salary and cannot be consider monetary payment to employee

 11 December 2011

On facts and circumstances of the case, whether the learned CIT(A) has erred in allowing exemption u/s 10(10CC), where the facts clearly establish that the tax paid by the company M/s Transocean Offshore Deepwater Drilling Inc. for assessment year 20..

Posted in Taxation |   1857 hits

Recommendation of Maharashtra State Backward Class Commission should be consider before giving preference any person as OBC

 11 December 2011

On 18.01.1997, the Additional District Deputy Collector, Mumbai Suburban District, Mumbai issued a Caste Certificate to the appellant herein certifying that she belongs to Hindu Shimpi Caste which is recognized as Other Backward Class (Sr. No. 153) u..

Posted in Civil Law |   5851 hits

Property belong to the HUF should be distributed between the Coparcener equally

 10 December 2011

Suit CS(OS) No. 985/2002 has been filed by Shri Rajender Shanker against his brother Shri Devendra Shanker seeking partition of the estate of their father late Shri Damodar Dass Mathur alleged to be comprising of house No.104, Jor Bagh, New Delhi, in..

Posted in Property Law |   6498 hits

Sec 363 of IPC cannot be compared with Sec 364A of IPC both have different provision

 09 December 2011

The prosecution case, in short, is that in the afternoon of 17.03.2000, which was a Bakrid day, a minor boy named Vicky Prasad Rajak (PW-2) was found missing. Mahendra Prasad Rajak (PW-3)-father of the boy (the Complainant) reported the matter in the..

Posted in Criminal Law |   3967 hits

Submitting false certificate may caused the termination of vacancy

 09 December 2011

The petitioner, a Head Constable at the Central Reserve Police Force (CRPF), has challenged the order of dismissal dated 2nd May, 1997 passed by the Inspector General, CRPF, on the charge that he had submitted a false certificate of his date of birth..

Posted in Civil Law |   2964 hits

In the absence of government sanction complaint cannot be proceed but the compensation must be justifiable

 09 December 2011

The appellant, Hardeep Singh was engaged in running a coaching centre, called “Deepika Classes” where students were given tuition to prepare them for entrance tests for different professional courses. On June 8, 1992, it was reported to the Collector..

Posted in Criminal Law |   2340 hits

Making false statement in oath constitute criminal contempt as judgment given by SC in Murray & Co. Vs Ashok Kr Newatia

 09 December 2011

The dispute between the parties is with respect to 08 postal ballots for the post of President and 08 postal ballots for the post of Vice President (North Zone). The ballot box containing all the ballot papers was opened in the Court on 2nd December,..

Posted in Civil Law |  1 comments |   4528 hits

When in a contract both the parties act on the terms and condition mention in the contract with their open eyes the contract cannot e consider void

 08 December 2011

This appeal, at the instance of M/s Industrial Promotion and Investment Corporation of Orissa Limited (“Corporation” for the sake of brevity), is directed against the judgment and order dated June 29, 2006 passed by a Division Bench of the Orissa Hig..

Posted in Civil Law |   2365 hits

In a case of accident claim future expenses also to be considered in deciding compensation amount

 08 December 2011

On December 14, 1987, Ram Karan was travelling in a Maruti car on way from Delhi to Jaipur. At about 9.30 in the morning, near village Assalwas on Highway No. 8, a truck going ahead of the car suddenly took a right turn without giving any indication ..

Posted in Civil Law |   2064 hits

In case of death of the alleged person Habeas Corpus Petition will be closed

 08 December 2011

This petition has been filed by the petitioner praying that this Court may be pleased to issue a Writ of Habeas Corpus directing the respondents to produce the detenus, namely, 1.Victus (IC No.020288), aged 42 years, son of Xavior, 2.Anthoniraj (IC N..

Posted in Civil Law |   1869 hits

Order Passed by appellate court remanding to the Lower Court against which appeal would lie can not be treated as decree

 08 December 2011

This Second Appeal is focussed by the original Plaintiff animadverting upon the judgment and decree dated 22.12.2009, passed in A.S.No.32 of 2008 by the learned Principal District Judge, Madurai in reversing the judgment and decree dated 30.12.2004, ..

Posted in Civil Law |   2960 hits

Only taking part in the strike cannot be consider ineligible for payment of bonus and it should be treated unfair labour practice under Sec 28 of ULP Act 1971

 07 December 2011

By this petition under Article 226 of the Constitution of India, the Municipal Corporation of Greater Mumbai (for short ‘the Corporation’) being Petitioner No.1 and the Municipal Commissioner being Petitioner No.2 have challenged the judgment and ord..

Posted in Civil Law |   1622 hits

In case of any change in the claimant statement there should be counter signed

 07 December 2011

The claimant filed the claim petition by contending that on 22.12.2004 at about 9.30 pm when he was riding the vehicle TVS Victor motorcycle bearing Registration No. TN 37 AE 1372 from Coimbatore Thadagam Road towards Muthannan Kulam to Selvapuram, w..

Posted in Civil Law |   1777 hits

Document not violating any provision of law cannot be consider illegal. From

 07 December 2011

Case of the appellants as per the plaint was that appellant No.2 Somwati, being owner of property No.TA-171/1, Tughlakabad Extension, New Delhi intended to raise construction thereon and needed money. Respondent No.1 Rameshwar Yadav, agreed to initia..

Posted in Civil Law |   1936 hits

Inspection of suit property can be made only for the purpose of ascertaining the change in the property

 06 December 2011

This application under Article 227 of the Constitution of India is directed against the order dated 22nd August, 2006 passed by the Learned Additional District Judge, 1st Court, Jalpaiguri in Civil Revision No. 5 of 2002 and an order dated 2nd March,..

Posted in Civil Law |   3905 hits

Order issued by giving effect to the Circular leave no option to the Railway to deny the condition mention in the circular issued by them

 06 December 2011

The petitioner in the original application before the Tribunal, being the respondent herein, appeared in a regular recruitment process for the post of Assistant Signal Maintainer, Grade-III. He became successful in the process and was asked to appear..

Posted in Civil Law |   2100 hits

Appointment of legal representative should be disclose and making delay I court proceeding is treated violation of sec 303 of the Code CP

 06 December 2011

One Raja Laxman Singh the original owner of 85.10 bighas of land situate at Mauza Jandrighat Bhatyat (now Chuwari) expired on 20.5.1971. His properties were inherited by one Raja Prem Singh and after coming into force of the Himachal Pradesh Ceiling ..

Posted in Criminal Law |   1995 hits

Official Liquidator shall ensure that irreversible can not be created regarding the amount paid by the purchaser

 06 December 2011

Heard Mr. Manish Bhatt, learned senior counsel, appearing with Mrs. Mauna Bhatt, learned advocate for the applicant, Ms. Yajnik, learned advocate for the respondent No.1-OL and Mr. Rutvij Bhatt, learned advocate for the respondent No.2. 2. From ..

Posted in Corporate Law |   1890 hits

Sec 86 of the code applies only when the property was enjoyed by the foreign state

 06 December 2011

By this revision application under Section 115 of the Code of Civil Procedure, 1908 the revision applicants who are defendants in a suit filed by the 1st respondent have challenged the order dated 18th December, 2007 passed by the learned Judge of th..

Posted in Civil Law |   2134 hits