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Judgments and Orders

As per Sec 3 of the Tenancy Act. agricultural land can not be permitted to be convert for non agricultural land so valuation can be done on agricultural rate basis

 05 November 2011

Compensation for the land acquired vested on the tenant is to be calculated according to the market value if the Land Use Act is applicable, but As per Sec 3 of the Tenancy Act. agricultural land can not be permitted to be convert for non agricultura..

Posted in Property Law |   5507 hits

Rule 4 and 6 of Nazul Land Rules is not applicable to the scheme not incorporate by the mentioned rule

 04 November 2011

Whether the Rule 4 and Rule 6 of the Nazul Land Rule is applicable on the scheme of the allotment of the land 1961 not incorporated by the Nazul Rule in the process of determination of the price of the land allotted. ..

Posted in Property Law |   4494 hits

As per sec 271(1)(c) of IT Act. in case of surrender of full income by the Assessee penalty can not be raised.

 04 November 2011

Whether the penalty under section 271(1)(C)of the Income Tax Act. can be raised after the disclosure made by the Assessee of his full income without the presence of proper evidence. ..

Posted in Taxation |   5427 hits

Perquisites are not chargeable to tax if cost of education dose not exceed Rs.1000 per child

 03 November 2011

“Whether on the facts and in the circumstances of the case, the learned ITAT erred in holding that Assessee was not in default under Section 201(1) and not liable for interest for lower deduction of TDS under Section 201(1A) of the Income Tax Act, 19..

Posted in Taxation |   2009 hits

As per the Environmental Pollution Control Act 1986 measure should be taken immediate in case of any cause of pollution effected by the Industry

 03 November 2011

The High Court has by the impugned judgment inter alia directed that the industrial unit of the petitioner be closedown immediately because of the environmental pollution caused by the industrial unit..

Posted in Others |   2507 hits

There is nothing mention in Evidence Act to not accept the statement given by girl physically tortured

 02 November 2011

Facts and circumstances giving rise to these appeals are unfolded by the statement of Shri Prabhu Dass (father of prosecutrix Monika) dated 28.11.1989 made before the Police Station, Vinay Nagar, New Delhi to the effect that his daughter Monika, aged..

Posted in Criminal Law |   2374 hits

Promotion of Constable can not be consider on account of lower position in the seniority list

 02 November 2011

The facts very briefly are that the respondent no.1 was working as Constable (General Duty) under the Central Industrial Security Force (for short ‘the CISF’). In 1993, he was considered for promotion to the rank of Lance Naik and was empanelled ..

Posted in Civil Law |   3126 hits

As per the limitation Act 1963 application for seting aside award is to be made within 30 days of notice of service

 01 November 2011

The facts very briefly are that the appellants and the respondent No.1 entered into a contract for construction of PMT Complex for NSG at Manesar. The contract contained an arbitration clause for resolving disputes between the parties. As disputes a..

Posted in Constitutional Law |   3178 hits

As per sec 12 sub sec 1 of the CRPF Act every person sentenced imprisonmet liable to dismissed except Article 226 227 or 34 is not applicable

 01 November 2011

The facts very briefly are that the respondent was working as a Constable in the Central Reserve Police Force (for short ‘the CRPF’). A complaint was lodged against the respondent. It was alleged in the complaint that he was detailed with vehicle no...

Posted in Civil Law |   2015 hits

As per section 3 of the Evidence Act Confession of the Co-accused can not be taken as evidence

 01 November 2011

These two appeals, by special leave, can be disposed of by a common judgment as they arise out of the same facts and challenge the same judgment and order dated 3/5/2005 of the Punjab and Haryana High Court. Criminal Appeal No.1050 of 2005 is filed b..

Posted in Criminal Law |   4621 hits

Rebate claim on duty By Ranbaxy u/sec 11BB Central Excise Act, 1944

 25 October 2011

Ranbaxy field claim for interest u/sec 11BB - Rejected by CCE - Appeal - entitled interest under sec 11BB- Assistant commissioner field revision application and ministry of finance held that appellant was not entitle to interest u/s 11BB - field writ..

Posted in Taxation |   2518 hits

Bar against promotion

 15 October 2011

Bar against promotion — in challenge — a chargesheet issued against the respondent for financial irregularities and making fraudulent withdrawals deriving pecuniary gain for himself — departmental enquiry initiated — order of removal from service — c..

Posted in Labour & Service Law |   3526 hits

Burden of proof of240 days

 15 October 2011

The burden of proof is on the workman to show that he had worked for 240 days in given year. Burden of proof to establish completion of 240 days of work within a period of 12 months preceding the termination lies on workman not on the management...

Posted in Labour & Service Law 5 comments |   4347 hits

Industrial Disputes Act, 1947 : Sections 2(oo) and 25-F.

 15 October 2011

Retrenchment-Sugar Factory-Workmen-Working during crushing season only-Cessation of work consequent to closure of season-Held such a cessation is not retrenchment...

Posted in Labour & Service Law 2 comments |   8353 hits

NO PROTECTION TO CORRUPT JUDGES

 15 October 2011

Criminal Procedure Code, 1973-Sec. 482-Judges (Protection) Act, 1985-Secs. 2 & 3-Penal Code, 1860-Secs. 467, 468, 471 & 477-A~Prevention of Corruption Act, 1947 -Sec. 5(1 )(d)-Rajasthan Civil Services Pension Rules, 1996-R. 7(3)-Petition to quash FIR..

Posted in Criminal Law 1 comments |   4928 hits

Gram Pachahat cannot recover Cess on Land Mining

 15 October 2011

Mining lease - Gram Panchayat Cess (GP Cess) - Demand - Legality - Whether the appellant was liable to pay the GP Cess - Held, effect of s. 127(1) was that wherever land revenue was payable by a person, such person liable to pay the land revenue, wou..

Posted in Corporate Law |   2844 hits

If employee exonerated from criminal case- no reason to continue his name in the list of persons of doubtful integrity

 15 October 2011

Whether order of punishment would come in the way of promotion of the applicant after six years when his name came up for consideration for promotion to the post of Head Constable? - Held, reason that the applicant was facing a criminal case for whic..

Posted in Labour & Service Law |   3701 hits

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 |   4522 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 |   2595 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 |   2997 hits