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Judgments and Orders

Hotel is not covered under section 2 (k) of ESIC Act

 15 November 2010

Consideration to definition of manufacturing process defined under Section 2(k) of the Factories Act, 1948 -whether by the provisions of section 2(k)of the said Act it means that hotel of the appellant was involved in a manufacturing process? ..

Posted in Corporate Law |   1575 hits

If selection outsourced, no ocassion for the officers to intervene

 15 November 2010

Accountability of sustainability and Objectivity of the selection process of Fire operators- whether the Chairman of DSSSB had role in the driving test which was outsourced by the Board? ..

Posted in Labour & Service Law |   1474 hits

Tribunal was right in holding that depreciation was allowable on the cost of the membership card

 15 November 2010

Application filed by the revenue against the order of Tribunal on depreciation on BSE Membership card- whether depreciation allowed to the Assessee be rectified being legal mistake? ..

Posted in Taxation |   1587 hits

Section 15 of the Contempt of Courts Act, 1971

 15 November 2010

On 6th November, 2009, when the said facts were placed before the Bench presided over by Hon’ble the Chief Justice, K.G. Balakrishnan, as His Lordship then was, in which Justice Kapadia was also a member, directions were given to issue notice and to ..

Posted in Others |   3164 hits

Section 166 of the Motor Vehicles Act, 1988

 15 November 2010

A mother who lost her 22-year old son in a motor accident is in appeal, by special leave, aggrieved by the inadequate compensation awarded to her. The appellant and her husband Sachidanand Sinha lived at Badom Bazaar in Hazaribagh and their son Pravi..

Posted in Civil Law |   3354 hits

Section 11A of the Central Excise Act, 1944

 15 November 2010

M/s. Aurangabad Electricals Ltd. (for short ‘M/s. Aurangabad EL’) are appellants in this civil appeal. They are engaged in the manufacture of Motor Vehicle Parts namely ‘Magneto Assembly’ in their factory at Aurangabad. For manufacture of their final..

Posted in Taxation |   2577 hits

Rule 57F(2) and Rule 57(3) of the Central Excise Rules, 1994

 15 November 2010

The appellant, being aggrieved by the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai, (for short ‘Tribunal’) in Appeal No.A/75-78/WZB/06/C-II/EB dated 13.01.2006, is before us in this appeal filed u..

Posted in Taxation |   2715 hits

Section 4 of the Land Acquisition Act, 1894

 12 November 2010

This appeal is directed against judgment dated 18.5.2001 of the Division Bench of the Delhi High Court whereby the first appeal preferred by the appellants against the judgment of the learned Single Judge, who declined to nullify the acquisition of t..

Posted in Property Law |   4233 hits

Infosys Technologies Ltd. Vs. Jupiter Infosys Ltd. & Anr.

 12 November 2010

These three appeals by special leave are directed against the order dated September 9, 2004 passed by Intellectual Property Appellate Board (for short, ‘IPAB’) whereby it ordered the removal of appellant’s mark ‘Infosys’ from the register of trade ma..

Posted in Legal Documents |   5680 hits

Jammu and Kashmir Representation of the People Act 1957

 12 November 2010

Jammu and Kashmir National Panthers Party, a recognized political party in the State of Jammu and Kashmir has filed this appeal before this Court seeking to impugn the judgment of Jammu and Kashmir High Court, dated 2nd of June 2009. The High Court d..

Posted in Others |   4094 hits

Dismissed the appeal relying on Section 98 (2) CPC

 12 November 2010

The facts of the case are that the respondent herein Chandrika filed a suit before the Sub Judge, Kottayam, Kerala, alleging that her father Raghavan died intestate on 18.06.1984. The plaintiff alleged that the defendants were relying on the will dat..

Posted in Civil Law |   3442 hits

Re-calling the witnesses and recording statements in re-enquiry shall not vitiate accused

 11 November 2010

Recalling of the witnesses and examining them afresh after the matter was remanded back for further enquiry under Sections 3(1) & (2) (vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989- Whether the Magistrate erre..

Posted in Criminal Law |   1696 hits

If pot panchnama has been cogently and convincingly proved then conviction can be made

 11 November 2010

Criminal - Conviction - Circumstantial Evidence - Hostile witness - Section 302 read with Section 34 of the Indian Penal Code, 1860; Section 135 of the Bombay Police Act, 1951 - Appellants were convicted for offence under Section 302 r/w 34 IPC and S..

Posted in Criminal Law |   2589 hits

Clauses of the will to be read in its entirety

 11 November 2010

Will extracted of the Testatrix an absolute bequest as unequivocal- Whether there is any conflict between absolute bequest of the first part of clause 6 of the Will and the second part of the said clause? ..

Posted in Civil Law |   2130 hits

If suspension continues beyond its statutory period then full salary to be paid to employee

 11 November 2010

Subsistence allowance for the period of suspension in compliance with Rule 17 of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974-Whether the appellant was entitled to full salary for the period of suspension? ..

Posted in Labour & Service Law 1 comments |   4649 hits

If no record available justifying termination then such order to be quashed

 11 November 2010

Challenge of the order passed by the School Tribunal for continuity of service and full back wages- Whether the termination of Respondent No.1 from service within two years from the appointment order can be said to be legal? ..

Posted in Labour & Service Law 1 comments |   2258 hits

Market Rate to be awarded in LA Award

 11 November 2010

Reference under Section 18 of the Land Acquisition Act and compensation of Rs.16,500/- for the trees against the reduced compensation of Rs.48/- per square meter-Whether the Reference Court was justified in fixing the market rate of the acquired land..

Posted in Property Law |   1690 hits

The husband not to alienate his house property during the pendancy of matrimonial disputes

 11 November 2010

Application for residence where an alternative residential premises provided to the aggrieved party under Section 19(1)(f) D.V. Act - Whether wife would not be entitled to insist upon residing in the shared household and not be evicted or excluded? ..

Posted in Criminal Law |   1843 hits

Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark

 11 November 2010

Claim for perpetual injunction and relief of damages and rendition of accounts under provisions of Section 134 (2) of the Trade Marks Act, 1999 -Whether Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark? ..


Civil Court has no jurisdiction to entertain petition Rule 31 of the Registration of Electors Rules,

 11 November 2010

System of enrollment in the election process was questioned applying Rule 31 of the Registration of Electors Rules, 1960- Whether Court can substitute a different mode of preparation of electoral rolls of the graduate voters for election of members o..

Posted in Constitutional Law |   2332 hits