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Judgments and Orders

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 |   7256 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 |   2885 hits

Seniority list of daily wagers

 13 September 2011

In absence of regular employment of workman employer is not expected to maintain the seniority list of employees engaged on daily wages, casual labourer, temporary employee. The Hon’ble Apex Court also held that in absence of proof of existence of se..

Posted in Labour & Service Law |   6243 hits

The issue of regularization

 13 September 2011

Supreme Court has now firmly laid down that regularization cannot be mode of appointment-Illegal appointments cannot be regularized and neither temporary nor permanent status be conferred by regularization – An attempt to induct an employee without f..

Posted in Labour & Service Law |   10903 hits

Limitation for filing contempt petition

 13 September 2011

COCP is not maintainable it has been filed after more than one year thus time barred...

Posted in Civil Law |   10368 hits

Treatment made to render the product marketable to the consumer shall amount to manufacture

 13 September 2011

The issue which falls for consideration in the present appeal is whether the treatment given or the process undertaken by the appellant to Helium gas purchased by it from the open market would amount to manufacture, rendering the goods liable to dut..

Posted in Taxation |   2013 hits

Educational institutions can fill up the OBC category seats by General category students if no eligible candidates are available for the OBC seats allotted to them

 13 September 2011

The seats allotted to OBC candidates in educational institutions can be filled up by General category students in case no suitable candidates are available in OBC..

Posted in Others |   2233 hits

Male Hindu cannot adopt without the consent of wife – SC

 13 September 2011

Hindu Adoptions and Maintenance Act, 1956, s. 7 – Adoption by husband -This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and fina..

Posted in Family Law |   2701 hits

Date of birth-request after 5 years-complied with

 10 September 2011

In writ appeal the Madras High court Madurai Bench allowed the request for alteration of date of birth made after a limitaion period of 5 years...

Posted in Civil Law 1 comments |   2914 hits

Product fall under Tarrif Sub Heading 8544 liable for Exemption under Notification o 205/88 as amended by Notification No 57/95

 10 September 2011

The material facts are that the appellant is engaged in the manufacture of insulated wires and cables falling under Central Excise Tariff Sub- Heading No.8544.00. The appellant claimed benefit under Notification no. 205/88 – C.E. dated 25.05.88 as a..

Posted in Taxation |   2569 hits

Brand Name not registered may not make the goods non Excisable

 10 September 2011

The respondent No. 1, M/s. Kalvert Foods India Pvt. Ltd. is a company (in short hereinafter referred to as 'the Company') engaged in the manufacture of P & P Food Products, such as, assorted jams, pickles, squashes, cooking sauces, chutneys, syrups, ..

Posted in Taxation |   2072 hits

The Right of successors prevails over Nominee & Joint Account Holder

 10 September 2011

Indian Succession Act, 1925 - Sections 4, 6, 7, 8(2) and 278; Banking Regulation Act, 1949 - Sections 45ZA; Banking Companies (Nomination) Rules, 1985 - Rule 2(1)-The money lying deposited in the account of the original depositor should be distribute..

Posted in Family Law |   12709 hits

There is no harm if plaintiff represents himelf as well as wues in Representative Capacity

 10 September 2011

Code of Civil Procedure, 1908, O. 1 r. 8: Apart from being a representative suit, the suit was filed by an aggrieved person whose right to use public street of 10 feet width was prejudicially affected. Since affected person himself has filed a suit, ..

Posted in Civil Law |   2395 hits

General Exemption to Accused under section 313 Cr. PC should not be granted freely

 10 September 2011

Criminal Procedure Code, 1973 — sections 482, 205, 313 — power to examine the accused — Being aggrieved with the order granting a general exemption to the accused from personal appearance before the Trial Court, the complainant filed this appeal — th..

Posted in Criminal Law |   7284 hits

A Male Hindu cannot adopt without Consent of His Wife

 10 September 2011

Hindu Adoptions and Maintenance Act, 1956, s. 7 - Adoption by husband -This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and fina..

Posted in Family Law |   3402 hits

Grounds of Bail

 10 September 2011

Criminal Procedure Code, 1973 - Bail - Grant of— bail granted to the respondent-dentist — under challenge — seven assailants came in a Maruti Van and assaulted Prof. T.J. Jacob and chopped off his right palm. The role attributed to the respondent is ..

Posted in Criminal Law 2 comments |   5326 hits

Meaning of Third Party in Case of Accidents

 10 September 2011

Motor accident claim - Meaning of Third party - Any party, which is not a contracting party to the policy of insurance will automatically be referred to and called as a third party because it is neither the first party (the insurer) nor the second p..

Posted in Criminal Law 1 comments |   4367 hits

OFFENSES OUT SIDE INDIA 498A- CRPC 188

 10 September 2011

HOW TO PROCEED WHEN CAUSE OF ACTION IS OUT SIDE INDIA 498A CASES..

Posted in Constitutional Law |   4590 hits

Compassioant appointment for daughter in law

 10 September 2011

Daughter in Law of the deceased is one among the family members for the purpose of compassionate appointment..

Posted in Others |   3295 hits

Indian committing crime abroad can be tried in India: SC

 10 September 2011

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Posted in Criminal Law |   2857 hits