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Judgments and Orders

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

 28 September 2010

Challenge in this batch of appeals filed by the revenue under Section 35(L)(b) of the Central Excise Act, 1944 (for short “the Act”) is to the orders passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone (for short “the Tribuna..

Posted in Taxation |   2302 hits

Section 7B of the Indian Telegraph Act, 1885

 28 September 2010

The respondent was the subscriber of telephone bearing No.40193, in Anand Town installed at the residence of its Managing Director (for convenience we will also refer to the Managing Director as the ‘subscriber’). The bi-monthly bills in regard to th..

Posted in Others |   3156 hits

Mumbai International Airport Pvt Ltd. Versus M/S Golden Chariot Airport And Another

 28 September 2010

We have heard learned counsel for the parties on the prayer of Shri Divan and are of the view that it will in the interest of justice if time is allowed to respondent no.1 - M/s. Golden Chariot Airport till 31st October, 2010 to vacate the site and h..

Posted in Others |   3036 hits

Article 227 of the Constitution of India

 28 September 2010

In this special leave petition, the petitioners have challenged the judgment of the Delhi High Court in a Writ petition under Article 227 of the Constitution of India, CM (M) No.516 of 2007, dated 23rd March, 2009, whereby the High Court has quashed ..

Posted in Constitutional Law |   7771 hits

Death Sentence Justified in Rarest Among Rare Cases

 27 September 2010

Award of death sentence - Offence committed punishable under Sections 302, 307 and 436 of Indian Penal Code, 1860 - Order of conviction based on dying declaration and other substantive evidence - Sustainability thereof under challenge - Whether insta..

Posted in Criminal Law |   2716 hits

Benefits under Section 23 (1A) of the Land Acquisition Act, 1894 is Available to landlords

 27 September 2010

Land Acquisition - Enhancement of Compensation - Benefits under Section 23 (1A) of the Land Acquisition Act, 1894 - Entitlement thereto ..

Posted in Property Law |   3700 hits

Maternalfather of a Minor can also get Custody of

 27 September 2010

Appointment of Guardian - Custody of a minor child - Whether custody of the minor to be entrusted with the maternal grandfather as ordered by the District Court or with the father as directed by the High Court? ..

Posted in Family Law 1 comments |   2601 hits

Good case on exemption could still be claimed under Section 5(3) of the Central Sales Tax Act

 27 September 2010

Exemption - Assessee supplier of Bus bodies sought exemption under Section 5 of the Central Sales Tax Act, 1956 - Whether an Assessee (local manufacturer) was eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act i..

Posted in Taxation |   2647 hits

Ad-hoc service shall not be counted iwhile Regularisation

 27 September 2010

Regularisation - Consideration of ad-hoc period - Entitlement thereto ..

Posted in Labour & Service Law |   4319 hits

Cmpetition Commission cannot order for Investigation

 27 September 2010

Unfair Trade Practice - Use of Dominant Position in market to gain agreement - Deprivation of fair competition thereof - Challenge against thereto - Sections 26, 57 of Competition Act, 2002, - Competition Commission of India (General) Regulations, 20..

Posted in Corporate Law |   2230 hits

MOTOR VEHICLES ACT, 1939--Section 92 -- A -- Injury arising out of use of vehicle -- Meaning of

 27 September 2010

MOTOR VEHICLES ACT, 1939--Section 92 -- A -- Injury arising out of use of vehicle -- Meaning of ..

Posted in Civil Law |   6231 hits

Mumbai International Airport Pvt. Ltd. Versus M/s Golden Chariot Airport & Anr.

 25 September 2010

The relevant facts of the case are that M/s Golden Chariot Airport (hereinafter referred to as “the contesting respondent”) succeeded in a tendering process for running a deluxe grade-I restaurant, covering a space of about 5000 sq. ft., in the car p..

Posted in Others |   2417 hits

Section 13 of the Hindu Marriage Act

 25 September 2010

The respondent and the appellant were married in accordance with the Hindu religious rites. About three years after the marriage, he filed a petition (Civil Proceeding No.136 of 1997) before the Family Court, Rourkela for dissolution of his marriage ..

Posted in Family Law |   5277 hits

Section 106 of the Transfer of Property Act, 1882

 25 September 2010

Amina Khatoon, the mother of respondent nos.1-4, (who were substituted in her place and brought on record after her death) instituted a suit for eviction (Title Suit No.36 of 1973) in the Court of Second Munsif, Arrah, against Md. Lukman, the father ..

Posted in Property Law |   6337 hits

Raghbinder Singh Versus Bant Kaur & Ors.

 25 September 2010

. Bant Kaur, the widow of Lal Singh and Sukhwinder Singh and Paramjit Kaur, his son and daughter respectively filed a suit (No.877 of December 20, 1994) in the court of Civil Judge (Junior Division), Dhuri, claiming a sum of Rs.2,00,000.00 (rupees tw..

Posted in Others |   1782 hits

Urban Land (Ceiling and Regulation) Act, 1976

 25 September 2010

One Mawasi, resident of Saraivega Hemlet of village Kakratha, Tehsil and District Agra, had two sons, namely, Sukha and Shyama. Shyama has only one son namely, Rammo. Descendents of Sukha have been Ballo, Radhe Ram, Babu and Sohan Singh. They were ha..

Posted in Others |   3889 hits

Section 109 read with Sections 147, 148, 149, 153A, 295, 302, 395, 427, 435, 339 and 505 IPC

 25 September 2010

This appeal is directed against the order of the High Court of Delhi at New Delhi dated 19.07.2010 whereby the learned single Judge confirmed the order dated 15.05.2010 passed by the District Judge-VII/NE-cum- Additional Sessions Judge, Karkardooma C..

Posted in Criminal Law |   2803 hits

Everytime moment there is remittance an obligation to deduct TAS doesn't arises

 24 September 2010

Whether the High Court was right in holding that the moment there is remittance the obligation to deduct tax at source (TAS) arises? Whether merely on account of such remittance to the non-resident abroad by an Indian company per se, could it be said..

Posted in Taxation |   2146 hits

Dhaba constructed over Govt. land is not entitled to seek equity before Law

 24 September 2010

Dhaba on the suit land - Delhi Shops and Establishments Act - Petitioner nowhere claimed himself to be the owner or lessee of the suit land ..

Posted in Civil Law |   1253 hits

Service rendred in NGO cannot be counted in State Service

 24 September 2010

Pensionary Benefits - Grant thereof - Appeal on ground that appointment was by way of adjustment on adhoc basis for six months in anticipation of approval from the Bihar Public Service Commission - Further the notification clarified that his earlier ..

Posted in Labour & Service Law |   1631 hits