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Judgments and Orders

Leave from the Court to withdraw petition with liberty to redress by approaching the Tribunal

 06 December 2011

The Write Petition is filed under Article 226 and 227 of the Constitution of India, Praying to set aside the order dated 15.02.2010 passed by Civil Judge (Sr. Dn.) & Addl.MACT at Gubbi passed in MVC No.1235/07 in the order sheet itself vide annexur..

Posted in Civil Law |   1706 hits

Non submission of Certificate cannot be treated as not eligible for the interview

 03 December 2011

The question which arises for consideration in this appeal is whether the decision of the Union Public Service Commission (for short, `the Commission’) to reject the respondent’s candidature for the post of Legal Advisor-cum- Standing Counsel in Land..

Posted in Civil Law |  2 comments |   2633 hits

Rent controller is not a court as per Sec 195 but in case of false statement it can be maintainable at the instance of Private party

 03 December 2011

The said Respondent filed Crl. RBT Complaint No.283/19.8.2003/2.8.2005 against the Appellants before the Illaqa Magistrate, under Sections 193, 420, 120-B IPC, for allegedly making false statements in judicial proceedings before the Rent Controller, ..

Posted in Criminal Law |   2726 hits

Proceedings before the learned arbitrator do not show that, he issue any direction for production of purchase file

 03 December 2011

These proceedings commenced with the filing of the Award dated 28th October 1992 by the learned Arbitrator to this Court on 26th July 1994. The disputes adjudicated by the learned Arbitrator related to the supply by the Petitioner Vidarbha Paper Mill..

Posted in Civil Law |   1417 hits

Allegation cannot be proved in the absence of documentary or oral evidence as per the IPC

 03 December 2011

Respondent Shera Ram @ Vishnu Dutta was charged for committing an offence under Sections 302, 295 and 449 of the Indian Penal Code, 1860 (for short ‘IPC’) and was sentenced to undergo imprisonment for life by the Additional Sessions Judge-1, Jodhpur..

Posted in Criminal Law |   2708 hits

Under Sec 143(3) whether the expenditure Capital or Revenue is relevant for the regular assessment.

 03 December 2011

This appeal is directed against the Tribunal’s order dated 19th May, 2006 for the block assessment period 1.4.1988 to 14.10.1998. The main issue raised is in respect of the deletion by the CIT(A) and the Tribunal of the addition of about ` 51.52 lacs..

Posted in Taxation |   1432 hits

Proceedings pending in a Court cannot be entertained by another Court till the judgment given in the first proceeding

 02 December 2011

THIS WRITE PETITION ID FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE PROCEEDING PENDINGS BEFORE THE PRL DISTRIC JUDGECHITRA DURGA IN AC (A) 76/07 VIDE ANN F AND ETC...

Posted in Civil Law |  1 comments |   1848 hits

As per Sec 12 Prevention of Corruption Act 1988 delays due to the system cannot taken as advantage to the person served just desert long ago

 02 December 2011

This appeal is directed against the conviction of the appellant, an Assistant Collector of Central Excise, for offence punishable under Section 12(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, _ the PC Act, 1988_ ) and..

Posted in Criminal Law |   4019 hits

In a qualifying exam candidates scoring higher marks should be given first preference

 02 December 2011

This petition arises from the order passed by the Maharashtra Administrative Tribunal (the Tribunal for short) on 22/8/2011 thereby dismissing O.A. No. 569 of 2011 filed by the petitioner. The Tribunal has accepted the contentions of the Presenting O..

Posted in Civil Law |   2256 hits

Furnishing incorrect certification about eligibility for the vacancy may cause termination of Service

 01 December 2011

. The respondent no.1 was on 16th August, 2008 appointed to the post of Senior Theatre Technician, a Group-C non-gazetted post, on temporary basis and as per the terms of appointment was to be on probation for a period of two years and which period w..

Posted in Civil Law |   2138 hits

Interest on compensation of Case filed under Sec 115 of Code of Civil Procedure can be recovered by the Insurance Company from the owner of the vehicle involved

 01 December 2011

This revision petition has been filed under Section 115 of the Code of Civil Procedure by the petitioner against the order dated 25th August, 2005 passed in execution case no. 30 of 2004 arising out of the award dated 13th July, 2004 passed by the Mo..

Posted in Civil Law |   2381 hits

Application of Order XVIII Rule 4 of code of Trade Mark is depend on case to case basis

 01 December 2011

. M/s. M.S.S. Food Products—respondent (hereinafter referred to as ‘plaintiff’) sued the appellants—(i) Dhariwal Industries Ltd. and (ii) Rasiklal Manikchand Dhariwal (hereinafter referred to as 1 ‘defendants’) in the court of 1st Additional Distric..

Posted in Civil Law |   1629 hits

Under Sec 11(4) and (6) of the Arbitration and Conciliation Act 1996 SC have the power to appoint arbitrator to settle the disputes between the parties

 01 December 2011

The petitioner makes a reference to various requests made by the respondent for supply of cars in terms of MOU on 22nd April, 2008; 24th August, 2008; and 1st April, 2009. The petitioner further claims that sometime in September 2009, disputes arose ..

Posted in Civil Law |   2034 hits

Intention to kill is need to present for the application of Sec 302 of IPC otherwise treated offence under sec 304 of IPC

 30 November 2011

A2 to A5 are the sons of A1. PW-1 Pandurangan is the younger brother of deceased Ranganathan, who was a former Member of Legislative Assembly. He was a member of ADMK political party. He used to, inter alia, run a rice mill. A1 to A5 were residing at..

Posted in Criminal Law |   2268 hits

A O must give evidence that assessee received amount more than he disclosed for the application of Sec 260A of IT Act 1961

 30 November 2011

This is an appeal under Section 260A of the Income Tax Act, 1961 (for short, “the ct”) against the order dated 25.4.2008 passed by learned Income Tax Appellate Tribunal (“the Tribunal” for short) in Appeal No.1056/DEL/2006 for the assessment year 20..

Posted in Taxation |   1729 hits

Rendering service in temporary post more than 240 days in calendar year is sufficient to treat badli for absorption

 30 November 2011

The petitioner herein was inducted into the service of the State Bank of Mysore (hereinafter referred to as, the Bank) as a temporary Sub-Staff in 1985. He was intermittently taken into employment based on the need for such staff. During the year 199..

Posted in Civil Law |   2383 hits

As per section 3 of Cow Slaughter Act 1955 no person shall slaughter or caused to be slaughter any cow in any place of Punjab

 30 November 2011

The facts and circumstances, which are relevant, are as under: a)According to the prosecution, on 01.01.1996 Head Constable Satyabir/p.w.-3 (hereinafter “the Investigating Officer”) received a secret information that the accused persons were sla..

Posted in Criminal Law |   3793 hits

Violation of Direction issued by Director General is caused to penalty under section 43 of CCI Act 2002

 30 November 2011

Write Petition No 19760/2011 & Write Petition No 20485-89/2011 are filed under Article 226 & 227 of the constitution of India, praying to quash the notice dated 23.05.2011issued by the 2nd Respondent vide D, D1, D2, D3, D4 and D5 dated 15.03.2011an..

Posted in Corporate Law |   1974 hits

Candidates of SC and ST declared successful in departmental exam on relaxed standard cannot be allowed to compete with General candidates

 26 November 2011

This W.P filed prayed to quash the Impugned Order of CAT Dated 17th August 2005 at Annexure F and dated 24.10.2005 at Annexure Gin so far as petitioner is concerned and direction to Respondent 1 to 4 not to disturbed the 11 SC category officers who w..

Posted in Others |   2269 hits

In Insurance claim made under section 163A the claimants have neither to plead nor to establish negligence

 25 November 2011

Shijo, aged 27 years, was riding a motorcycle bearing registration no.KL-8J-6528, on 3.3.1999 on the Wadakkanchery-Kunnamkulam Road. George K., also aged 27 years, was pillion-riding with Shijo. While giving way to a bus coming from the opposite side..

Posted in Civil Law |  1 comments |   2103 hits