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Judgments and Orders

Punjab Security of Land Tenures Act, 1953

 23 December 2010

This is an appeal against the order dated 04.03.2002 of the Division Bench of the High Court of Punjab & Haryana dismissing Civil Writ Petition No.3733 of 2002. During the pendency of this appeal respondent No.4 Ramesh Chand Girdhar died on 09.12.200..

Posted in Others |   4558 hits

Section 319 of the Cr.P.C

 23 December 2010

This judgment will dispose of Criminal Appeal Nos. 1071 of 2009, 1294 of 2009, 182-183 of 2010 and 97-98 of 2010. The facts have been taken from Criminal Appeal No.1071 of 2009...

Posted in Criminal Law |   2891 hits

Services availed or goods purchased for commercial purposes do not come under Consumer Dispute

 21 December 2010

Section 2(1)(d)(ii) of The Consumer Protection Act, 1986- Definition of Consumer ..

Posted in Constitutional Law |   4250 hits

Employees engaged by Contractor have no connection with Principal employer

 21 December 2010

Definition of "employee"- whether a workman employed by the contractor was a workman of the principal employer. ..

Posted in Labour & Service Law |   4228 hits

The claim of the Person purchased property by Paying Amount should not be disturbed

 21 December 2010

Owner of Property - Determination thereof - Power of Appellate Court to interfere with the findings of Trial Court - Whether Plaintiff was the owner of the subject property and consequently his father was incompetent to enter into an agreement to sel..

Posted in Property Law |   2264 hits

Mere disheritance of one or more legal heirs does not cast doubt on the veracity of execution of Wil

 21 December 2010

Whether disheritance of one or more legal heirs cast doubt on the veracity of the execution of the Will ..

Posted in Property Law |   2368 hits

No Reason to Interfere by Appellate Court if order i not perverse

 21 December 2010

Rejection of Tribe Claim by The Scheduled Tribe Certificate Scrutiny Committee ..

Posted in Constitutional Law |   1686 hits

The gudwill of the Name of Product Should be Restrained to be Used by some Other Person

 21 December 2010

Trademarks- Passing of Goods ..

Posted in Corporate Law |   1824 hits

No one can claim as a matter of legal right to be given a particular security cover.

 21 December 2010

Up gradation of the security cover & the role of Couts ..

Posted in Constitutional Law |   1748 hits

Obtaining Service by Forged Caste Certificate is liable to be termination

 21 December 2010

The applicant, an ex-Postal Assistant under the Union Department of Posts, Ministry of Communication & IT, was dismissed on charges of obtaining appointment under the Scheduled Tribe category by a false declaration and submitting a forged certificate..

Posted in Labour & Service Law |   2891 hits

CBI into what has been termed as 2G Spectrum Scam for unearthing the role of Resp. No.5-Sh A. Raja

 18 December 2010

After issue of notice by this Court on 13.9.2010, the parties have filed affidavits and large number of documents including performance audit report (draft and final) prepared by the Comptroller and Auditor General of India (CAG) on the issue of lice..

Posted in Others |   2303 hits

Order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)

 18 December 2010

The facts may be stated in brief here. M/s. Parle Bisleri Pvt., the appellant, manufactures soft drink flavours which are assigned ‘code names’, namely G-44T, L-33A, T-11PC, T-11P, R-66M, K- 55T and L-22L. During the period from years 89-90 to 93-94,..

Posted in Others |   4967 hits

Crude Palm Stearin falling under Ch. Sub Heading No. 15 11 90 90 of the Customs Tariff Act, 1975

 18 December 2010

The brief facts which give rise to the aforesaid issue are that the Respondent imported Crude Palm Stearin through Kakinada Port and filed Bills of Entry declaring the goods as industrial grade Crude Palm Stearin falling under Ch. Sub Heading No. 15 ..

Posted in Taxation |   2864 hits

Section 2(1)(d)(ii) of The Consumer Protection Act, 1986

 18 December 2010

This appeal is filed against the judgment passed by National Consumer Disputes Redressal Commission (hereinafter called ‘the National Commission” for short), allowing the First Appeal filed by the respondent herein holding that the complaint filed by..

Posted in Others |   6156 hits

Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988

 18 December 2010

This appeal is directed against the judgment of the Madras High Court, Madurai Bench dated 7th March, 2007 in Criminal Appeal (MD) No.821 of 1999 by which the High Court affirmed the conviction and sentence recorded by the learned Special Judge-cum-A..

Posted in Criminal Law |   6357 hits

State of Maharashtra & Ors Versus Sarangdharsingh Shivdassingh Chavan & Anr

 18 December 2010

A writ petition was filed before Bombay High Court by Sarangdharsingh Shivdassingh Chavan – the first respondent in this appeal. He described himself as an agriculturist by profession. The allegation in the writ petition is of illegal money lending a..

Posted in Others |   2207 hits

Rule 3(1)(a) of Maharashtra Local Authority Members Disqualification Rules, 1987

 18 December 2010

These appeals are directed against common judgment dated February 4, 2010 rendered by the Division Bench of High Court of Judicature at Bombay in Writ Petition Nos. 964 of 2006 to 968 of 2006 and Writ Petition No. 971 of 2010 by which the order dated..

Posted in Constitutional Law |   5083 hits

Naseem Ahmad & Ors. Versus State of U.P. & Anr.

 15 December 2010

This appeal is directed against the judgment and final order dated 08.08.2007 passed by the High Court of Judicature at Allahabad in Special Appeal No. 1004 of 2007 whereby the High Court dismissed the appeal and upheld the order dated 19.09.2003 pas..

Posted in Others |   2510 hits

Chapter Sub-Headings 2001.10 and 1904.10 of the Central Excise Tariff Act, 1985

 15 December 2010

The material facts are that the respondentassessee, M/s. Pepsi Foods Ltd. is engaged, inter alia, in the manufacture of edibles, marketed under the names of Potato Chips, Baked Cheetos Balls, Monster Munch, etc. These are covered under Chapter Sub-He..

Posted in Taxation |   3453 hits

Raja Khan versus U.P. Sunni Central Waqf Board & Anr

 15 December 2010

The Allahabad High Court has had a glorious history having produced great lawyers who were leaders in the Independence struggle. It is the largest High Court in India, and often gives leadership to all the High Courts in the country. There have been ..

Posted in Others |   2526 hits