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Judgments and Orders

Section 74 of the Contract Act

 02 December 2010

Whether clause 6.4.6 of the Interconnect Agreement between Bharat Sanchar Nigam Limited (BSNL) and M/s. Reliance Infocomm Limited is penal or a pre-estimate of damages is the question which arises for determination in this civil appeal?..

Posted in Corporate Law |   4354 hits

Section 35L(b) of the Central Excise Act, 1944

 02 December 2010

The short question which arises for determination in this Civil Appeal filed by the Assessee under Section 35L(b) of the Central Excise Act, 1944 is whether “Vitamin A Acetate Crude” and “Vitamin A Palmitate” (hereinafter referred to as the product i..

Posted in Taxation |   2056 hits

Infringement of Trademark : Stay of suit

 01 December 2010

Section 124 : Trademark Act Scope : Application maintainable in suit for infringement of Trade Mark..


Stay in Suit for Passing Off

 01 December 2010

Scope of Section 124 : Trade Marks Act - discussed - applicability in suit for passing off..


Advocate Commissioner

 01 December 2010

..

Posted in Civil Law |   5607 hits

Stay of Suit for Passing off - not maintainable

 01 December 2010

..


Scopew of Section 10 and Order 39 Rule 1 & 2 in Trade mark Suit

 01 December 2010

..

Posted in Civil Law |   9020 hits

Trade marks - groundless threat

 01 December 2010

for declaration and permanent injunction against the threats..


Additional Counter Affidavit

 01 December 2010

..

Posted in Constitutional Law |   3236 hits

Section 13(6) of the West Bengal Premises Tenancy Act & Section 106 of the Transfer of Property Act

 30 November 2010

The plaintiff-appellant herein filed a suit for eviction and recovery of possession and mesne profits against the respondent. The plaintiff alleged that the suit property comprising two rooms with an attached verandah consisting of kitchen space situ..

Posted in Others |   7054 hits

Section 302 of the Indian Penal Code

 30 November 2010

Chirra Shantha (the deceased) had strained family relations with her husband’s brother, the appellant. There was a family dispute with regard to a property wherein the husband of the deceased and the appellant were residing and the appellant wanted h..

Posted in Criminal Law |   2390 hits

Section 6(3) of the Right to Information Act

 30 November 2010

This appeal is directed against the impugned order dated 24th November, 2009 passed by the Central Information Commission (CIC) whereby and whereunder the CIC having allowed the appeal preferred by Subhash Chandra Agrawal, respondent herein, directed..

Posted in Constitutional Law 1 comments |   4105 hits

Section 4 of the Land Acquisition Act, 1894

 30 November 2010

As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this common judgment and order. However, we may record the facts of each of the cases separately and deal with the issues at one place as the..

Posted in Property Law |   4702 hits

Section 63 of the Indian Succession Act

 30 November 2010

The facts giving rise to the filing of a suit for partition and separate possession by the plaintiff-respondent no.1 in this appeal have been set out in the judgment under appeal hence do not bear repetition. All that need be stated is that responden..

Posted in Family Law 1 comments |   6204 hits

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

 30 November 2010

This petition has been filed against the impugned judgment passed by a division Bench of the High Court of Allahabad dated 5.8.2010 in Special Appeal No. 973 of 2010. By that judgment the ex-parte interim orders of the Single Judge of the High Court ..

Posted in Others |   2979 hits

No license can be cancelled without proper opportunity of hearing

 27 November 2010

Cancellation of the registration certificate issued to act as Exporter - Whether action of cancellation fair and in compliance with principles of natural justice? ..

Posted in Corporate Law |   2944 hits

Delay & Latches should not be condoned without proper explaination

 27 November 2010

Question of delay and laches in entertaining a writ petition having been filed after a lapse of 16 years of the date of Award without any explanation for the delay-Whether High Court was not justified in entertaining the writ petition? ..

Posted in Property Law 1 comments |   8419 hits

High Court had power to Waive the Penality

 27 November 2010

waiver of penalty -Whether the High Court power to interfere by dismissing the Writ Petition would be maintainable? ..

Posted in Corporate Law |   1877 hits

Service Tax on Hire Purchase business vests with UOI

 27 November 2010

Imposition of service tax- Whether entire power of taxation in respect of hire-purchase transactions is now vested only in the States under Entry54 of List II and that the Parliament has no power at all including the power to levy a service tax? ..

Posted in Taxation |   2646 hits

When provision of Section 31(2) would apply?

 27 November 2010

Exemption - Application of Rule 41 of West Bengal Sales Tax Rules, 1995, Rule 3(116) of Bengal Finance (Sales Tax) Act, 1941 and Section 31 of the Act, 1994 - (i) Whether the Assessee was entitled to get the tax exemption under Rule 3(116) of Bengal ..

Posted in Taxation |   1343 hits