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Judgments and Orders

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 |   2020 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 |   1650 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 |   1470 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 |   1640 hits

furlough leave cannot be denied to prison on the ground of local solvant surity

 20 September 2010

Application for furlough leave - Rejected on the ground of local surety - Appeal against thereto - Whether the condition specified in Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety with..

Posted in Criminal Law |   2091 hits

People with privilege and power must be conscious of their prestige

 20 September 2010

Application for release of the Petitioner on probation - Rejection thereto - Petitioner Convicted under section 354 Indian Penal Code , 1860 applied for probation which was rejected by Trial Court - Hence this appeal - Whether the Petitioner was e..

Posted in Criminal Law |   1289 hits

Sections 302/34 of the Indian Penal Code, 1860

 20 September 2010

Facts and circumstances giving rise to these appeals are that on 16.8.1994 at about 7.50 p.m., F.I.R. No.1/1994 under Sections 302, 147, 148, 149 and 307 IPC was lodged at Police Station Mandai Chowk Sarangpur, Madhya Pradesh, according to which 17 a..

Posted in Criminal Law |   6226 hits

Section 7 of the Guardians and Wards Act, 1890

 20 September 2010

(a) On 03.06.2002, the marriage of the respondent was solemnized with Kaveri, the daughter of the appellant herein. Out of the said wedlock, on 23.03.2003, a son, namely, Vishwajeet @ Sangharsh was born. After giving birth to son, on the same day, th..

Posted in Civil Law |   7844 hits

Section 5 of the Central Sales Tax Act, 1956

 20 September 2010

The question that falls for consideration in this case is whether an assessee (local manufacturer) is eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act, 1956 (for short ‘CST Act’), if the penultimate sale effec..

Posted in Taxation |   9441 hits

Ashok Pal Singh & Ors. Vs. UP Judicial Services Association & Ors.

 20 September 2010

The recruitment and appointment to the Uttar Pradesh Higher Judicial Service consisting of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges are governed and regulated by the U.P. Higher J..

Posted in Others |   2234 hits

Pyare Mohan Lal Versus State of Jharkhand & Ors.

 20 September 2010

Facts and circumstances giving rise to this case are that the petitioner was selected in the Bihar Civil Services (Judicial Branch) in 1982 and was appointed to the post of Munsif by the State and was confirmed in the grade of Munsif vide order dated..

Posted in Others |   2121 hits

Punjab Home Guards Act, 1947

 20 September 2010

The appellants in the instant case are ‘volunteers’ of the Punjab Home Guards. They were recruited and appointed sometime in the year 1989 under the Punjab Home Guards Act, 1947 and the Rules framed thereunder. They were paid consolidated wages of Rs..

Posted in Others |   5782 hits

Section 10(b) read with Section 10A of the Central Sales Tax Act, 1956

 20 September 2010

These appeals, by special leave, are directed against the judgments and orders delivered by the High Court of Judicature at Allahabad, reversing the orders passed by the Sales Tax Tribunal, Meerut, (for short “the Tribunal”). In the first set of appe..

Posted in Taxation |   4086 hits

Section 4 of the Land Acquisition Act, 1894

 20 September 2010

The relevant facts common in these appeals are that a preliminary notification dated 5.03.1983 was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, ‘the Principal Act’) in respect of the land at Ghonga Tank in vil..

Posted in Property Law |   3397 hits

Section 14(1) of the Hindu Succession Act, 1956

 20 September 2010

Whether Smt. Sundrabai wife of Ramchandra Rao, who was given right to enjoy certain lands belonging to Shiddoji Rao (predecessor-ininterest of the appellants) in lieu of maintenance became full owner thereof in terms of Section 14(1) of the Hindu Suc..

Posted in Civil Law |   4608 hits

Section 302/34 Indian Penal Code

 20 September 2010

The case of the prosecution is that, on 07.06.1997 at about 5.00 P.M. the deceased Fanilal Das was returning home on a rickshaw driven by Manilal Das (PW2). The deceased stopped the rickshaw near Shiva temple and after offering his prayer, he came ba..

Posted in Criminal Law |   2182 hits

Condonation of Delay application should be treated in the light of merits of proposed appeal

 15 September 2010

Condonation of delay - Past maintenance for a period of 36 months to the claimants along with interest @ 9 per cent 1 per annum - Whether condonation of delay of 160 days in filling a matrimonial appeal could be granted to the Claimant? ..

Posted in Family Law |   4707 hits

If Civil Court has no jurisdiction then plaint must be returned

 15 September 2010

Suit for declaration and permanent injunction for possession of the impugned agricultural land against the Defendant - Sections 13 and 13A of Punjab Village Common Lands (Regulation) Act, 1961 - Order 7 Rule 10 Code of Civil Procedure, 1908 - First A..

Posted in Civil Law |   2730 hits

Show Cause Notice of DC under section 2(b), 11A and 35G of Central Excise Act

 15 September 2010

Indirect Tax - Shortage of finished goods and raw materials - Central Excise Act, 1944, Sections 2(b), 11A and 35G - Jurisdiction of Deputy Commissioner - Whether the Show Cause Notice in respect of shortages of finished goods and raw material issued..

Posted in Taxation |   2072 hits

PREETI SRIVASTAVA CASE- RESERVATIONS IN PG MEDICAL COURSES- SC CONSTITUTION BENCH

 15 September 2010

Under Section 32 of the said Act, the Post-graduate Institute of Medical Education and Research, Chandigarh Regulations, 1967 have been framed. Regulation 27 provides for 20% of the seats in every course of study in the Institute to be reserved for..

Posted in Constitutional Law |   3217 hits