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Judgments and Orders

Section 174 of the Criminal Procedure Code

 12 January 2011

The basic facts of the case which are admitted or are at any rate undeniable need to be stated in the sequence in which those facts were unfolded. The appellant and Laxmi Kumari got married on April 30, 2000. After marriage they came to live in a ren..

Posted in Criminal Law |   8895 hits

Supreme Court verdict on harassment of tribal woman

 12 January 2011

This appeal furnishes a typical instance of how many of our people in India have been treating the tribal people (Scheduled Tribes or Adivasis), who are probably the descendants of the original inhabitants of India, but now constitute only about 8% o..

Posted in Others |   2618 hits

Industrial Reconstruction Bank (Transfer of Undertaking and Repeal) Act, 1997

 12 January 2011

The appellant, Industrial Investment Bank of India Limited (“IIBIL” for short), is the successor of the Industrial Reconstruction Bank of India (“IRBI” for short) constituted under section 3(1) of the Industrial Reconstruction Bank of India Act, 1984..

Posted in Others |   2673 hits

Order passed by the Central Administrative Tribunal, Bangalore, (‘CAT’ for short)

 11 January 2011

This appeal has been filed against the final judgment and order dated 12th April, 2004 passed by the High Court of Karnataka at Bangalore rendered in Civil Writ Petition No. 33496 of 2000(S-CAT) whereby the High Court set aside and quashed the order ..

Posted in Others |   10495 hits

Section 302 of the Indian Penal Code as also Section 27 of the Arms Act

 11 January 2011

Sole appellant was put on trial for commission of the offence under Section 302 of the Indian Penal Code as also Section 27 of the Arms Act. The trial court held him guilty on both the counts and sentenced him to undergo imprisonment for life under S..

Posted in Criminal Law |   3108 hits

Section 376 read with section 511 of the Penal Code

 11 January 2011

The appellant stands convicted under section 376 read with section 511 of the Penal Code and sentenced to rigorous imprisonment for five years and a fine of Rs.2000/- with the direction that in default of payment of fine he would undergo rigorous imp..

Posted in Constitutional Law |   3518 hits

Sections 234B and 234C of the Income Tax Act, 1961

 11 January 2011

A short question which arises for determination in this batch of cases is – whether interest under Section 234B can be charged on the tax calculated on book profits under Section 115JA? In other words, whether advance tax was at all payable on book p..

Posted in Taxation |   4492 hits

Non-member is not entitle to avail concessions of a member

 10 January 2011

Grant of Concession - Entitlement - Petitioner conducted of business without membership since 1997 - Concession granted to members of Travel Agent Association of India (TAAI) by the Government - Whether the Petitioner was entitled to the benefit of..

Posted in Corporate Law |   2016 hits

Bogus certificate

 10 January 2011

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to set aside the order of termination dated 31.1.1996 in proceedings No.10772/Ne.2/1/93, since the applicant's deceased father..

Posted in Labour & Service Law |   3386 hits

Prevention of Corruption Act

 10 January 2011

The Indian Penal Code, 1860 The Prevention Of Corruption Act, 1988 Section 19 in The Indian Penal Code, 1860 The Indian Forest Act, 1927 Section 142 in The Indian Penal Code, 1860 ..

Posted in Criminal Law |   5436 hits

Athletic Coach

 10 January 2011

Writ Petition under Article 226 of The Constitution of India praying for the issuance of a writ of Certiorarified mandamus to call for the records in pursuant to the impugned order passed by the second respondent in D.Dis.No.15533/A1/2001 dated 31.12..

Posted in Labour & Service Law |   2519 hits

Disciplinary proceedings

 10 January 2011

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandmus calling for the records of the respondent, in proceedings No.Na.Ka.31979/U1/96 dated 19.03.1997 and to quash the same as i..

Posted in Labour & Service Law 2 comments |   6935 hits

removal of illegal construction

 10 January 2011

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Posted in Constitutional Law |   2841 hits

The conseuqnece of section 154 D of IT Act

 10 January 2011

Concluded Proceeding - Section 154 of Income Tax Act, 1961- Whether Settlement Commission could reopen its concluded proceedings by invoking Section 154 of Act so as to levy interest under Section 234B, though it was not so done in original proceedin..

Posted in Taxation |   2069 hits

Delay in filing consumer complaint should be welll explained

 10 January 2011

Consumer - Medical Negligence - Discovery Rule - Cause of Action - Sections 12, 17, 18, 22 and 24A of the Consumer Protection Act,1986 - National Consumer Disputes Redressal Commission reversed order of Maharashtra State Consumer Disputes Redressal C..

Posted in Constitutional Law |   2759 hits

Equity should be given top priority by Courts while deciding service matters

 10 January 2011

Selection and Appointment of Ex-Servicemen as a Reserved Category - with the grave irregularity of allowing near relations to appear in the selection process-Whether the equities were properly balanced in the exercise of discretion by the High Court ..

Posted in Labour & Service Law |   2360 hits

Corrigendum Charge-sheet correcting typographical error can be issued even during stay

 10 January 2011

Service - Misconduct - Rule 3 of the ASI (Conduct) Rules, 1968; Article 136 of the Constitution of India, 1950 - High Court quashed charge memorandum and corrigendum thereto issued by Appellant - Hence these Appeals - Whether High Court was justified..

Posted in Labour & Service Law |   6894 hits

Societies & Trusts have to send the copy of resolution within 6 months for approval

 10 January 2011

Trust and Societies - Expulsion of Members of Society - Delay - Section 36(3) of the Delhi Co-operative Societies Act, 1972 - High Court set aside order of financial Commissioner as well as of Registrar and approved expulsion of Appellants and other ..

Posted in Civil Law |   2304 hits

expression "investment" must be understood according to its common business and commercial usage

 08 January 2011

Consideration to the meaning of the expression 'Investment' under West Bengal Sales Tax Act- whether the word "investment" requires to be understood as the investment made by a Small Scale Industrial Unit after giving depreciation on plant and machin..

Posted in Corporate Law |   2108 hits

An employee cannot be allowed to suffer monetary benefits compared to junior

 08 January 2011

Regularisation of Service - Workmen asked to perform the function of the Junior Clerk - Whether entitled to scale of Junior Clerk from the relevant period in question? ..

Posted in Labour & Service Law 1 comments |   2352 hits