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Judgments and Orders

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 |   2455 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 |   5320 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 |   6401 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 |   1827 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 |   3943 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 |   2842 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 |   2185 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 |   1293 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 |   1676 hits

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 |   2385 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 |   1479 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 |   2605 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 |   2827 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 |   9646 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 |   2273 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 |   1401 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 |   2026 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 |   5867 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 |   2217 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 |   2332 hits