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Judgments and Orders

Award patently in violation of statutory provisions cannot be said to be in public interest

 25 November 2011

The facts in brief are that in August, 1999, the appellant invited tenders for supply of fresh fruits for its troops for the period from 01.10.1999 to 30.09.2000 and respondent No.2 amongst others submitted tenders and the tender of respondent No.2 w..

Posted in Civil Law |   1801 hits

Dismissal of previous complaint is not to be treated as bar to file second Complaint

 25 November 2011

A. A dacoity was committed in the house of present appellant Shiv shankar Singh and his brother Kameshwar Singh on 6.12.2004 wherein Gopal Singh son of Kameshwar Singh was killed by the dacoits and lots of valuable properties were looted. The police ..

Posted in Criminal Law |   3949 hits

As per Sec 20(3) of the Army Act 1950 an officer having power not less than Brigade may dismissed or remove any person worked under his command

 25 November 2011

The facts very briefly are that the appellant was enrolled in the Army on 28.01.1963. As per the terms of his enrolment, he was to put in not less than ten years in Army Service and if required, a further period in Reserve Service which would be suff..

Posted in Civil Law |   3410 hits

If the suit not filed in the Court define u/s 2(4) of B.P.T Act 1950 than Sec 50 and 51 will not be attracted

 24 November 2011

The facts are not in dispute and are very brief. The Respondents filed RCS No.1002 of 1998 against the Appellants in the Civil Court at Pune for permanent injunction from disturbing the possession of the Plaintiffs Trustees over the suit property. Th..

Posted in Property Law |   6187 hits

Proceeding under Section 145 does not Purports to decide right, title and interest of the parties to the disputes

 24 November 2011

The case of the petitioner is that on the basis of police report a proceeding under Section 144 Cr.P.C. was initiated against the petitioner 1st party and opposite party no. 2 to 6 along with the father of opposite party no. 7 as second party. The di..

Posted in Property Law |   3904 hits

In termination of contract illegally party can only claim damages not for interim relief

 24 November 2011

The relevant facts are that in terms of the VOC dated 26th November 2010 the Petitioner was to provide range of services at three locations i.e., The Hague, Amsterdam and Rotterdam. These included distribution of visa/OCI card/PIO card/passport appli..

Posted in Corporate Law |   4783 hits

Principles of res judicata applies also as between two stages in the same litigation

 24 November 2011

Shorn of unnecessary details, a few facts which are necessary to be cited for the adjudication of the above Petition can be stated thus: The Respondent No.1 is the original Plaintiff and the Petitioners herein are the original Defendants. The Respond..

Posted in Property Law |  1 comments |   3896 hits

In determination of Consideration for Land Acquisition Deduction all together should not exceed 75 percent on market value

 24 November 2011

Gulbarga Development Authority, consequent upon its desire to acquire land for raising a residential layout, issued a preliminary notification under section 15(1) of the City Improvement Trust Board Act, 1976 on 13.5.1982. Through the aforesaid notif..

Posted in Property Law |   2773 hits

Sale deed contrary to Injunction is not a valid deed even though the applicant entitle to invoked Court jurisdiction under Sec 536(2) of Companies Act 1956

 24 November 2011

Present applications have been filed against the impugned orders passed by Mr. J. P. Aggarwal, one man Committee appointed by this Court rejecting their claims in respect of plots in JVG Hills Layout, Kondhapur Village, Hyderabad In view of the orde..

Posted in Property Law |   2585 hits

Sec 17 of SERFESI Act 2002 is only giving protection to the borrower against the steps taken by the lender under sec 13 on the basis of the case

 24 November 2011

A notice under Section 13 (2) was issued to the Petitioners on 20 January 2011 demanding an amount of Rs. 268 crores. The Petitioners raised objections on 14 March 2011 which were disposed of on 12 May 2011. Symbolic possession of the secured assets ..

Posted in Corporate Law |   2463 hits

As per Rule 19 of Maharashtra Judicial Service Rule 2008 read with rule can be retired on the basis of service record provided by the Person

 24 November 2011

The Petitioner has been retired prematurely from judicial service in public interest under Rule 19 of the Maharashtra Judicial Service Rules 2008 read with subrule (4) of Rule 10 of the Maharashtra Civil Service (Pension) Rules, 1982. The Petitioner ..

Posted in Civil Law |   3002 hits

As per Circular issued on 24.11.2005 by CBDT that Accreditation is depend on the fulfillment of the condition clearly mentioned in Para 7 of the Circular

 22 November 2011

On 24 November 2005 the Central Board of Excise and Customs issued a circular providing for the introduction of a Risk Management System (RMS) with an Accredited Clients Programme (ACP) as its major component. The object of the programme is to grant ..

Posted in Taxation |   1650 hits

As per Sec 62 of Evidence Act 1872 carbon copy is Primary Evidence and rightly to be exhibited

 22 November 2011

The Petitioner is the Original Plaintiff in RAD Suit No.35 of 1998 which has been filed in the Court of Small Causes at Mumbai under Section 28 of the Bombay Rent Act, 1947. It is the case of the Plaintiff that he is the monthly tenant of the Defenda..

Posted in Property Law |  2 comments |   8864 hits

Without giving opportunity of being heard penalty can not be imposed under Sec 4 of Maharashtra Feeling trees Act 1964

 22 November 2011

Both these Writ Petition challenge orders dated 10.5.2011 and 25.3.2011 respectively passed by the Dy. Tree Officer & Range Forest Officer, Sawantwadi, Dist. Sindhudurg whereby in proceedings under Section 4 of the Maharashtra Felling of Trees (Regul..

Posted in Others |   3005 hits

As per sec 11(6) of the Arbitration Act right to arbitrator is ceased after the expiry of periods only if person filed petition in the Court

 21 November 2011

In the present case, the Petitioner had first issued a legal notice to the MCD through its lawyer on 27th April 2010 in which, inter alia, the MCD was asked to appoint an Arbitrator in terms of the Agreement dated 12th October 2009 within seven days...

Posted in Corporate Law |   2952 hits

Sec 14A is applicable on all Expenditure of Investment in share of operating Company for controlling interest and new introduced rule can not be applicable on the pending proceeding

 21 November 2011

Whether expenditure (including interest paid on funds borrowed) in respect of investment in shares of operating companies for acquiring and retaining a controlling interest therein is hit by section 14A of the Income tax Act, 1961 inasmuch as the div..

Posted in Taxation |   1575 hits

A person in the select list of appointment much less than a person in the wait list and not having any indefeasible right of appointment

 21 November 2011

The facts very briefly are that the Government of India, Ministry of Law and Justice, Department of Legal Affairs, by advertisement dated 22.01.2005 invited applications for 9 vacancies in the post of Judicial Member and 13 vacancies in the post of A..

Posted in Civil Law |   2133 hits

Changes adapted in the agreement with the consent of all party can replaced the earlier clauses of the agreement

 21 November 2011

The common issue in all these matters is whether the promotional avenues and other terms of service of the pre-1997 cadre of Assistant Flight Pursers could be changed to their prejudice despite the provisions of the Air Corporation (Transfer of Under..

Posted in Civil Law |   1683 hits

Once the process for selection for admission had commenced on the basis of prospectus than no changes can be taken place by the govt notification in the Prospectus

 19 November 2011

For the sake of convenience, we shall refer to the facts from SLP(C)No.15974/2011, filed by Dr. Parmender Kumar and others. As indicated herein above, the Appellants in all these appeals are candidates for admission to the Post-Graduate Courses condu..

Posted in Civil Law |   2031 hits

If an allegation do not constitute any cognizable offence investigation cannot be permitted without an order under sec 155(2) of IPC

 19 November 2011

The substance of the accusation in the FIR is that all the accused entered into a criminal conspiracy to confer an illegal and unjust benefit on the above-mentioned private company. In the process, the accused, “intentionally and dishonestly” suppres..

Posted in Civil Law |  1 comments |   2430 hits