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Judgments and Orders

Evidence must be shown to hold responsible a person for offence under sec 324 of IPC with aide of Sec 120B

 18 November 2011

We are concerned in this appeal only with the conviction of the appellant under Section 324 read with Section 120B of the IPC. The case of the prosecution as against the appellant, in short, is that PW-4 had purchased the said auto rickshaw from Jain..

Posted in Criminal Law |   2245 hits

Present of Arbitration clause in the Purchase Contract is enough to proof the existing of Arbitration Agreement

 18 November 2011

The petitioner supplied goods duly received by the respondent, without any demur in relation to the quantity and quality of the goods. The bills raised by the documents were accepted by the negotiating bankers. It is the case of the petitioner that i..

Posted in Corporate Law |   2552 hits

As appellant is concerned with 1981 promotion policy where mention diploma from recognized university is entitled to weightage 3 marks and appeal is allowed

 18 November 2011

The appellant, who is appearing in person, joined the service of respondent 1 in the year 1973 as a Stenographer in clerical cadre. He passed his graduation in the year 1973 from the Punjab University. He obtained Diploma in Office Organization and P..

Posted in Civil Law |   1706 hits

Passing of Interim order must be in complied with Rule 1 and 2 of the Code of Civil Procedure 1908

 18 November 2011

The Government of Maharashtra, by Resolutions dated 16.10.1970 and 18.11.1974, had granted lease of certain plots of land to the defendant-Company at Backbay Reclamation, Cuffe Parade, Mumbai, who was entitled and authorized to enter into transaction..

Posted in Corporate Law |   2406 hits

Consideration received on protest entitled to appropriate the same against interest and not treated as consent for sec 59 and 60

 17 November 2011

Being aggrieved by the steps taken by the Respondent Corporation, the Appellant filed a Petition before the Chief Justice of the Delhi High Court to appoint an Arbitrator in terms of the arbitration clause, which was registered as Arbitration Applica..

Posted in Others |   2389 hits

Remuneration paid to the partners by the firm is to be allowed subject to the condition mentioned in Sec 40(b) (i) to (v) of the Income Tax Act

 17 November 2011

The present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) has been preferred by Sood Brij & Associates, a partnership firm, consisting of two partners namely A.K. Sood and B.M. Gupta, who are practicing Chartered Accountants...

Posted in Taxation |   2546 hits

Absence from duty without prior permission except on condition beyond control will be treated as misconduct under Rule 13 of the PNB Regulation 1977

 17 November 2011

This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for issuance of a writ of Certiorari for quashing the order dated 31.1.1995 passed by the Deputy General Manager Disciplinary Authority under which..

Posted in Civil Law |  1 comments |   6122 hits

Practical experience always a sure guide to assess the suitability for vacancy

 17 November 2011

That the petitioner was vide letter dated 05.07.1993 of the respondent No.3 School, then an unaided recognized school, appointed as an Assistant Teacher on probation for two years; that she was vide letter dated 20.07.1995 of the respondent No.3 Scho..

Posted in Civil Law |   1768 hits

On the basis of Fundamental rights and interest of justice cases fall under section 302 IPC can be transfer to Crime Branch

 17 November 2011

The present case relates to the unfortunate offence of murder of the Petitioner’s son at around 9.30 p.m. on 5th May, 2011 near C-5, Gali No. 2, Vasant Kunj. The deceased had four stab wounds besides abrasions on the arm and the knees. A perusal of t..

Posted in Criminal Law |   2883 hits

Expenditure on Software and Professional fees cannot disallowed as per the IT Act 1961 only on the ground that it was treated differently in the book

 16 November 2011

Two appeals had been filed by the revenue, while the third appeal had been filed by the assessee. The revenue had filed appeals for both the assessment years, i.e., 1997-98 and 1998-99, while the assessee had filed an appeal only qua assessment year ..

Posted in Taxation |   1816 hits

As per sec 10 of Special Court Act 1992 securities un registered disclosed in the Custodian cannot be allowed to be Registered in the name of the Custodian

 16 November 2011

The appellants, one late Harshad S. Mehta, their other family members and the corporate entities belonging to the family members had purchased more than 90 lakh shares in Apollo. Except for the holding of two family members, the entire holding came..

Posted in Corporate Law |   1654 hits

If the relatives are belong to the ST than no body can deprive from the same benefit only in the absence of his personal document

 16 November 2011

The appellant, who holds a degree of Bachelor of Engineering (BE), was appointed as a field officer by the Maharashtra Pollution Control Board, respondent No.2 herein, against a post reserved for “Scheduled Tribe”, on probation with effect from 16th..

Posted in Constitutional Law |   5000 hits

As per Section 2(c) of the Contempt of Court Act 1971 defines Criminal Contempt as doing anything prejudice or intends to interfere of any judicial proceeding

 16 November 2011

the facts giving rise to the present appeals are that the appellant applied on 16th of April, 2003 for grant of mining lease for iron ore over an area of 350 acres in Yeshawanthnagar Range of the Kumarswamy Reserve Forest Area within Sandur Taluk in ..

Posted in Criminal Law |   2648 hits

Qualified candidates in waiting list for vacant seats should be given first preference or further counseling will be made for proper selection

 16 November 2011

The appellant – Orissa Private Medical and Dental Colleges Association in this appeal is impugning the Judgment and Order passed by Orissa High Court in W.A. No. 429 of 2011 dated 07.09.2011. The main issue in the judgment is the selection for the av..

Posted in Others |   2602 hits

Freight received in excess should be returned to the person received from otherwise interest liability will raise

 16 November 2011

We shall be referring to the parties as per their description in the plaint.Plaintiff (respondent No.1) sought RFA(OS) 12/1997 decree in sum of `7,43,568.88 alleging that M/s.Freight Wings and Travels Pvt. Ltd., defendant No.2, M/s.Daga Air Agents, ..

Posted in Corporate Law |   1702 hits

As per Sec 15 Tax Shall not be levied more than one stage unless the condition fulfilled mention in Section 5A of the State Act

 14 November 2011

Whether under the Bengal Finance (Sales Tax) Act, 1941 as extended to the Union Territory of Delhi, the tax imposed on cotton yarn without fixing the stage of imposition is in conformity with the provisions of Section 15 of the Central Sale Tax Act, ..

Posted in Taxation |   1520 hits

As per sec 297(2)(g) of IT Act !961 proceeding completed before April 1962 is to be dealt with under the old provision

 14 November 2011

The High Court, vide its impugned Judgment and Order dated 25.07.2005, has declared that Section 87(m)(ii) (b) of Finance (No.2) Act, 1998 is violative of Article 14 of the Constitution of India insofar as it seeks to deny the benefit of the ‘Kar Viv..

Posted in Property Law |   1892 hits

Food corporation of India can not be covered by the definition of Sec 3 (1) of the Companies Act. and the acquisition can not be consider acquisition for purpose of Company

 14 November 2011

On the requisition of Cholan Roadways Corporation Limited, Kumbakonam (for short, ‘the Corporation’) for making available land for expansion of their depot, particularly for a workshop, at Chidambaram, the State Government of Tamil Nadu (for short, ‘..

Posted in Property Law |   2518 hits

As per the MV Act 1988 Compensation should be adequate to restore the claimant to the position prior to the accident

 14 November 2011

The petition filed by him under Section 166 of the Motor Vehicles Act, 1988 on the question of the amount of compensation and as per the Motor Vehicles Act 1988 the compensation should be adequate to restore the claimant in the position prior to the ..

Posted in Others |  1 comments |   4987 hits

Excess payments made due to wrong pay fixation shall not be recovered from the employee

 09 November 2011

The excess amount paid to the employees due to erroneous pay fixation done by the authorities shall not be recovered from the employees...

Posted in Labour & Service Law |  4 comments |   31645 hits