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Judgments and Orders

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 |   2006 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 |   2232 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 |   2695 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 |   2909 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 |   2568 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 |   2070 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 |   12702 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 |   2392 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 |   7283 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 |   3397 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 |   5323 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 |   4362 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 |   4589 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 |   3294 hits

Indian committing crime abroad can be tried in India: SC

 10 September 2011

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Posted in Criminal Law |   2856 hits

Royalty paid on recording of cassettes imported should be included for transaction value

 29 August 2011

The facts leading to the filing of the present appeals are that the Respondent-company undertakes various music projects in India and under these projects it enters into agreements with reputed artists for composing and recording musical works. The m..

Posted in Taxation |   1825 hits

Product Fall under chapter 87 than Packing Charges should be included in the Assesable value

 29 August 2011

The appellant-company, previously known as M/s. Eicher Limited –unit Royal Enfield Motors, are manufacturing motorcycles falling under Chapter 87 of the Central Excise Tariff Act, 1985. The issue relates to non-inclusion of the value of packing charg..

Posted in Taxation |   1583 hits

VIKAS & ORS. Vs State of Maharasthra

 25 August 2011

Nemo moriturus praesumitur mentire; i.e. a man will not meet his Maker with a lie in his mouth. A dying man is face to face with his Maker without any motive for telling a lie. 23. Truth said Mathew Arnold, sits upon the lips of a dying man . 24...

Posted in Criminal Law |   3444 hits

Prabhudayal And Others vs State Of Maharashtra

 25 August 2011

To prove quilt of an accused person by circumstantial evidence. They are:- (1) The circumstance from which tile conclusion is drawn should be fully proved; (2) the circumstances should he conclusive in nature; (3)all the facts so established should..

Posted in Criminal Law 1 comments |   2828 hits

RAM BIHARI YADAV Vs STATE OF bIHAR

 25 August 2011

Though dying declaration is indirect evidence being a specie of hearsay, yet it is an exception to the rule against admissibility of hearsay evidence. Indeed, it is substantive evidence and like any other substantive evidence requires no corroboratio..

Posted in Criminal Law |   3628 hits