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Judgments and Orders

Administrative prerogatives cannot stall the rights for promotion

 15 October 2011

District Collector had caused serious prejudice to the petitioner by his not having deputed the petitioner to undergo the one year stint in the post of Rural Welfare Officer Grade II and for the foundation training in the Bhavani Sagar Training Insti..

Posted in Labour & Service Law |   4489 hits

Despite high volume & short holding period, shares gain is STCG

 15 October 2011

The assessee is a marine consultant. He had carried on the business of trading in shares and had also made investments in shares. In the assessment year in question, the assessee had sold certain shares held as investments and gains arising on accoun..

Posted in Corporate Law |   2564 hits

Concept of Compendation under MV Act is more than Damages

 26 September 2011

Motor Vehicles Act, 1988-Compensation Enhanced It is an accepted principle that compensation may be so assessed that the interest accruing therefrom will be sufficient for the maintenance of the family of the victim and the concept of compensation is..

Posted in Civil Law |   2972 hits

Libility of Compensation in Case of Transfer of Vehicle without Change of ownership

 26 September 2011

Motor Vehicles Act, 1988 — section 50 — Transfer of ownership - Payment of compensation - Liability of - Accident caused by the truck - Truck purchased by another person but name of the earlier owner continued in the Registration Certificate - whethe..

Posted in Civil Law |   3507 hits

Minor supression of fact of pendancy of criminal cse is no big issue for appointment

 26 September 2011

Service Laws – cancellation- Cancellation of on the ground that the respondent had concealed the fact of his involvement in the criminal case under sections 325/34 IPC and had made a wrong statement in his application form — the respondent filed wri..

Posted in Labour & Service Law 4 comments |   4123 hits

Claim of Succession should be beyond Any Reasonable Doubt

 26 September 2011

Hindu Succession Act, 1956 - The plea, of the appellants, that Rami Reddy's family from the second wife and the testator's family was a composite family and the properties were joint family properties of the plaintiffs and the defendants, has not bee..

Posted in Civil Law |   2294 hits

Burning family alive rarest of rare crime, rules SC

 26 September 2011

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Posted in Criminal Law 1 comments |   3171 hits

As per Section 176 of Contract Act 1872 Pledgee can sale the pledge property only after giving valid notice to the pledgor.

 26 September 2011

The brief facts of the case are that on 12th July, 2010, Facility Agreement was entered into between defendant No.1 and defendant No.3 whereby defendant No.1 advanced a loan of Rs.250 crores against various securities to the defendant No.3. One of th..

Posted in Corporate Law |   5133 hits

If the land owners are aggrieved by the acquisition proceedings they must challenge the same atleast before an award is made

 26 September 2011

The facts giving rise to the present litigation in a nutshell are as under: A notification under Section 4(1) of the Land Acquisition Act, 1894 (in short the ‘Act’) was issued on 27th August, 1993 for acquisition of land admeasuring 101 acres and 3..

Posted in Property Law |   2249 hits

Suitability of the candidate rather than incorrect affidavit to be examined in recruitment

 26 September 2011

the appointing authority has mechanically held that his selection was irregular and illegal because the appellant had furnished an 8affidavit stating the facts incorrectly at the time of recruitment. 1..

Posted in Labour & Service Law 1 comments |   3140 hits

It is not open for the HC under its revisional jurisdiction to set aside the finding of the Trial Court

 20 September 2011

Claim of maintenance by wife, denied any relation by husband on the ground of his earlier marriage, though 25 years passed in this relation and 3 children also born out of this relationship. his is a valid marriage and HC would not have disturbed the..

Posted in Family Law |   3706 hits

Selction without qualification liable for termination

 20 September 2011

The supreme court has held that individuals selected without adequate qualifications are liable for termination at any time...

Posted in Labour & Service Law |   3671 hits

Carbon Paper Self copy paper whether given in the schedule or not duty @20% will be applicable

 20 September 2011

The carbonless paper is a chemically treated paper used for producing impression of the writing or manuscript of the original paper on the other paper sheet. Such carbonless paper, which is a kind of copying paper is processed firstly by printing, wh..

Posted in Taxation |   2149 hits

When product is capable of being classified under two chapter headings, then Rule 3 (c) of the Act will apply

 20 September 2011

The issue which falls for consideration in the present appeals is whether laminated panels of particle and medium density fiber board should be classified under sub- heading no. 4406.90 and 4407.90 or under subheading no. 4408.90. The appellant alleg..

Posted in Taxation |   1887 hits

Special officer of coop.society is a Public authority and writ will lie against

 20 September 2011

The Special Officer is appointed under the provisions of the Act and as such he is a statutory Officer and, therefore, he should be regarded as a public authority. Apart from that Art. 226 of the Constitution is not confined to issue of writ only ..

Posted in Constitutional Law |   3016 hits

Proof of Marriage is must while claiming Restitution

 13 September 2011

Merely coming to court for restitution of conjugal rights is not sufficient rather a definite proof of marriage is must...

Posted in Family Law 2 comments |   4012 hits

confirmation from date of seniority in Employment exchange

 13 September 2011

While regularising the appointments, the date of seniority of the employment exchange shall be the seiority..

Posted in Labour & Service Law |   5772 hits

Pay protection

 13 September 2011

Pay protection — benefit of — entitlement of — in question — writ petition filed — the High Court held that the appellant is not entitled to pay protection and, therefore, his claim was rejected — the contents of the notification/memorandum clearly s..

Posted in Labour & Service Law |   7210 hits

temporary employee cannot be replaced by temporary or adhoc employee

 13 September 2011

Held that the temporay employees cannot be replaced by temporary employees or adhoc employees..

Posted in Labour & Service Law |   7212 hits

Gainful Employement

 13 September 2011

Burden of proof having to the principles analogous to section 106 of evidence Act that he has not gainfully employed was on worker, not on the management...

Posted in Labour & Service Law |   2808 hits







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