Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

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 |   1933 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 |   3056 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 |   4071 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 |   5824 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 |   7263 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 |   7269 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 |   2894 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 |   6256 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 |   10919 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 |   10428 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 |   2019 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 |   2241 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 |   2720 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 |   2920 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 |   2574 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 |   2079 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 |   12730 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 |   2410 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 |   7299 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 |   3413 hits