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Judgments and Orders

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 |   2977 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 |   8427 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 |   1898 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 |   2651 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 |   1348 hits

Privity of contract is must for recovery

 27 November 2010

Right of Distributorship for supply of various surgical and other items - Privity of contract - Whether there was any contract between the Plaintiff and Defendant in preliminary objection? ..

Posted in Civil Law |   2860 hits

After Repeal of DST Act, Commissioner has no revisional power U/s. 74A of DVAT Act

 27 November 2010

Revisionary power of Commissioner under Section 74A of the DVAT Act 2004- whether after the repeal of the DST Act a suo motu power of revision under Section 74A of the DVAT Act can be initiated. ..

Posted in Taxation |   1703 hits

Right to begin

 27 November 2010

Ramakka vs V. Nagesam ..

Posted in Civil Law |   1402 hits

Himachal Pradesh Housing and Urban Development Authority Versus Universal Estate and another

 27 November 2010

Whether Chief Executive Officer of the Himachal Pradesh Housing and Urban Development Authority (hereinafter referred to as `the Chief Executive Officer’) could reject the highest bid given by respondent No.1 in respect of commercial site measuring 9..

Posted in Others |   2182 hits

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

 27 November 2010

The appellant, at the relevant time was posted as Deputy Chief Engineer, Railway Electrifications, South Central Railway. He was put on trial for commission of the offences under Section 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of ..

Posted in Others |   3919 hits

C.N. ANANTHARAM VERSUS M/S FIAT INDIA LTD. & ORS. ETC. ETC.

 27 November 2010

On 31st October, 2002, the Petitioner herein purchased a Fiat Siena Weekender diesel vehicle from M/s Sundaram Automobiles, Bangalore, the common Respondent in all these three Special Leave Petitions and agent of M/s Fiat India Ltd., the manufacturer..

Posted in Others |   3031 hits

National Council for Teacher Education Act 1993

 27 November 2010

These two appeals raise the questions as to whether after coming into force of the National Council for Teacher Education Act 1993 (hereinafter referred to as ‘the NCTE Act’) the State Governments have the power to grant recognition to the colleges w..

Posted in Others |   2060 hits

Section 123 of the Jammu and Kashmir Representation of the People Act, 1957

 27 November 2010

This appeal, filed under Section 123 of the Jammu and Kashmir Representation of the People Act, 1957, is directed against judgment dated March 13, 2006, rendered by the learned Single Judge of the High Court of Jammu and Kashmir at Jammu in Election ..

Posted in Others |   1810 hits

Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971

 27 November 2010

This is an appeal against the judgment and order dated 21.09.2001 of the Division Bench of the Himachal Pradesh High Court in Civil Writ Petition No.438 of 1999 filed by the appellant (Harbhajan Singh)...

Posted in Others |   2258 hits

Section 420 and Section 120B, IPC

 27 November 2010

The petitioner has been convicted under Section 420 and Section 120B, IPC by the learned Magistrate. He filed an appeal challenging his conviction before the learned Sessions Judge. While his appeal was pending, he filed an application before the lea..

Posted in Criminal Law |   15857 hits

Section 83 of the Wakf Act, 1995

 27 November 2010

The dispute pertains to the Wakf estate of Shahzadi Begum which was created by a Registered Deed of Wakf dated 22.09.1936 by one late Shahzadi Begum. By the said Wakf Deed the Wakf was created with the object of dedicating the property being Premises..

Posted in Others |   4466 hits

Code Criminal Procedure of 1973

 27 November 2010

Yesterday (22-11-2010) we had passed an order in this case, but subsequently Ms. Kamini Jaiswal, whom we had requested to be Amicus Curiae in this case, informed us that the above order requires some modification. We agree with this submission, and a..

Posted in Criminal Law |   2327 hits

Section 304 B, IPC

 27 November 2010

Issue notice to petitioner No.1 why his sentence be not enhanced to life sentence as awarded by the trial Court. Issue notice to the respondent-State regarding petitioner No.2...

Posted in Criminal Law |   2978 hits

Section 116A of the Representation of People Act, 1951

 27 November 2010

This appeal has been preferred under Section 116A of the Representation of People Act, 1951 (hereafter referred to as the Act of 1951) assailing the Judgment and Order of the High Court of Punjab and Haryana dated April 28, 2006 delivered in Election..

Posted in Others |   1177 hits

M/s J.P. Builders & Anr. Versus A. Ramadas Rao & Anr.

 27 November 2010

These appeals seek to challenge the common judgment and order dated 23.02.2010 passed by the Division Bench of the High Court of Judicature at Madras in A.S. Nos. 708 of 2008 and 946 of 2009 and W.P. No. 23405 of 2009 whereby the High Court partly al..

Posted in Others |   1714 hits