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Judgments and Orders

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 |   2528 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 |   3552 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 |   4375 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 |   8381 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 |   4944 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 |   2856 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 |   3726 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 |   4560 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 |   2607 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 |   3016 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 |   3680 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 |   4196 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 |   2326 hits

Burning family alive rarest of rare crime, rules SC

 26 September 2011

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Posted in Criminal Law |  1 comments |   3209 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 |   5178 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 |   2289 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 |   3199 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 |   3765 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 |   3735 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 |   2202 hits