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Judgments and Orders

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 |   2824 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 |   2175 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 |   1287 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 |   1666 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 |   2374 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 |   1473 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 |   2599 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 |   2825 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 |   9624 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 |   2270 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 |   1399 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 |   2021 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 |   5858 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 |   2214 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 |   2329 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 |   2129 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 |   3984 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 |   3913 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 |   3075 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 |   2357 hits