LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

If delinquent employee participated in enquiry proceeding, chage-sheet cannot be quashed

 24 September 2010

Suspension from service on the alleged ground of cheating public- Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 - Reinstated on the basis of High Court direction on Petitioner's writ petition - Validity of charge-sheet under challenge..

Posted in Labour & Service Law |   2334 hits

Amended provision cannot be held to be unconstitutional so long as Parliament has the legislative co

 24 September 2010

Writ petition - Writ of declaration - Service tax liability - Software - End-userlicense agreement - Until 16th May 2008 no service tax was levied in the case of sale of canned software license - By virtue of new provision of Clause (zzzze), informat..

Posted in Taxation |   1443 hits

A girlfriend or even a concubine is not a "relative" and cannot be prosecuted u/s. 498A IPC

 24 September 2010

A girlfriend or even a concubine is not a "relative" of the husband and cannot be prosecuted u/s. 498A IPC..

Posted in Criminal Law |   2558 hits

Acceptance of money from client for giving bribe---Amounts to reprehensible conduct.

 24 September 2010

Acceptance of money from client for giving bribe---Amounts to reprehensible conduct...

Posted in Others |   2803 hits

Advocate - Professional misconduct -Disciplinary Committee has to follow rules of natural justice

 24 September 2010

Advocate -- Professional misconduct -- Disciplinary Action vis a vis Principles of natural justice -- Disciplinary Committee has to follow rules of natural justice ..

Posted in Others |   9572 hits

The Indure Ltd. and Another Versus Commercial Tax Officer and Ors.

 22 September 2010

Following questions of law projected, are required to be adjudicated by this Court in the aforesaid Appeal:- (i)Whether import of MS Pipes by Appellants was pursuant to a term of contracts between Appellant No.1 and National Thermal Power Corporatio..

Posted in Others |   2234 hits

RAJESH KAGRA & ORS. VERSUS STATE OF M.P. & ORS.

 22 September 2010

Special Leave Petition(C) No. 3009 of 2009 has been preferred against the order dated 31st July, 2008 passed in Writ Appeal No. 383 of 2008. In Special Leave Petition (C) Nos. 3029-3031 of 2009, petitioners assail the order dated 31st July, 2008 pass..

Posted in Others |   1381 hits

State of U.P. & Ors. Versus Neeraj Chaubey & Ors.

 21 September 2010

State of U.P. and their officials aggrieved by the interim orders dated 16.07.2010 and 25.08.2010 passed in W.P. No. 1872 of 1986 by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow have filed the above SLPs. W.P. No. 1872 of 1986 wa..

Posted in Others |   1994 hits

Sections 147, 148, 307 read with 149, IPC

 21 September 2010

This appeal by special leave is directed against the final judgment and order dated 2nd December, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4703 of 2004 whereby the Hon’ble High Court dismissed the appeal preferr..

Posted in Criminal Law |   5815 hits

V. RANGANATHAN VS. N. BASKARAN & ORS.

 21 September 2010

The facts, which led to filing of the two writ petitions, indicate that the Secretary, U.P.S.C., invited applications for appointment to three vacancies to the post of Principal, Government Higher Secondary Schools in Pondicherry, by Advertisement No..

Posted in Others |   2198 hits

Sections 302, 307 and 436, IPC

 21 September 2010

The incident in this case had taken place on 30.6.1989 in village Mahargheti, Patwari Circle Dangoli in the newly formed District Bageshwar (which was part of District Almora at the time of incident). In this ghastly incident, Pratap Singh, his wife ..

Posted in Criminal Law |   2309 hits

M/s Coal India Limited & Ors. Versus Coal Consumers Association & Ors

 21 September 2010

The relevant facts very briefly are that prior to 2007 industrial consumers were granted coal linkages for utilization in their small scale industries. On 18.10.2007, the Government of India, Ministry of Coal, formulated a New Coal Distribution Polic..

Posted in Others |   2089 hits

Jurisdiction of Criminal Courts - Extradition offence

 20 September 2010

As long as the facts that have been submitted before the requested State prima facie show the guilt of the extraditee in a foreseeable and logically consistent way, the said person can be tried on all such counts that can be conclusively proved again..

Posted in Criminal Law |   3949 hits

The Trial of Casement

 20 September 2010

The trial of Sir Roger Casement took place in 1917 during the First World War. It raised a new point. The guilty act had been committed – not in England – but by Casement in Germany. Was that High Treason?..

Posted in Criminal Law |   3842 hits

Wakf Tribunal cannot entertain matters of tenancy

 20 September 2010

Suit for eviction - Jurisdiction of Wakf Tribunal - Sections 83 and 85 of the Wakf Act, 1995 - Whether under Section 83 of the Act the Wakf Tribunal was competent to entertain and adjudicate upon disputes regarding eviction of the Appellants who we..

Posted in Civil Law |   3056 hits

MACT should award Damages as well as compensation

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   2320 hits

Motor Accident Tribunal should consider /future Loss of Income

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   1998 hits

It can be presumed in NDPS that traveling accused might be having substance

 20 September 2010

Possession of contraband substance - Trial Court convicted Appellants under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay fine - High ..

Posted in Criminal Law |   1631 hits

Part tx is leviable on Non-resident/seller

 20 September 2010

Tax Transactions - Jurisdiction of Income Tax Department on Transaction outside India - Determination 0f - Whether Income tax authorities in India have the jurisdiction to tax transactions, even though the transaction took place outside India as t..

Posted in Taxation |   1443 hits

Courts have very limited scope in Bidding matters

 20 September 2010

Bidding — Rejection of bid by Respondent-Authority — Challenge against thereto on ground that decision of Respondent - Authority discriminatory and arbitrary — Scope of judicial review thereof — Order XLVII Rule 1 of Civil Procedure Code, 1908 ..

Posted in Constitutional Law |   1617 hits