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Judgments and Orders

Parliament has got power to change the Service Condititions

 05 July 2010

Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the ab..

Posted in Constitutional Law |   1458 hits

Section 12(2) of Administrative Tribunal (Amendment) Act, 2006 is constitutional

 05 July 2010

Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the ab..

Posted in Constitutional Law |   2404 hits

Restriction of term of a member of Tribunal is not unconstitutional

 05 July 2010

Extension of Terms of members of administrative Tribunal - Sections 8,10A, Administrative Tribunal (Amendment) Act, 2006 - Whether Section 10A, which restricts the total term of the Member of the Administrative Tribunal to ten years should be regarde..

Posted in Constitutional Law |   1153 hits

Insurer is liable if workman died during the course of employment

 29 June 2010

Quantum of Compensation - Section 10 of Workmen Compensation Act, 1988 - Sections 147(1) and 164 of Motor Vehicles Act, 1988 - Whether deceased died during the course of doing his wok under employment of the opposite party and the Appellant, insurer,..

Posted in Labour & Service Law |   2115 hits

Period of 240 days can be counted if workan did job in two concerns of the same management

 29 June 2010

Retrenchment - Non completion of 240 days - Whether work done in two independent establishments can be clubed together to claim continuous working of 240 days and also without the compliance of the statutory provision of section 25-F Industrial Dispu..

Posted in Labour & Service Law |   1645 hits

Daftsman falls within the definition of workman

 29 June 2010

Verbal Termination - Section 2(s) of the Industrial Disputes Act, 1947 - Whether a draftsman would fall under the definition of a workman? ..

Posted in Labour & Service Law |   2611 hits

Capital Contributions of employer do not constitute tax exampted income

 29 June 2010

Tax Exempt income - Instant Appeal against tax Court's decision - Contributions made by Petitioner to corporations claimed as "tax-exempt income" - capital contributions claimed as ordinary losses incurred in a trade or business - Whether petitioners..

Posted in Taxation |   1352 hits

An order establishing that a court-at some point-will resolve the merits of a claim is not a final o

 29 June 2010

Exhaustion of Remedy - Lack of Jurisdiction - Petitioner convicted under hit and run case - Filed federal habeas corpus petition challenging said conviction - District Court concluded she had exhausted her state remedies for one of the claims but not..

Posted in Criminal Law |   1358 hits

Collection of Rent on Surface Area to be decided afresh

 28 June 2010

Constitution - Resolution treating entire land for the purposes of determination of surface rent as the lease for commercial purposes - Competence of State to issue Resolution - Whether the State Government Competent to issue Resolution increasing co..

Posted in Constitutional Law |   1741 hits

Employer has to establish that his institution is not covered under EPF & MP Act, 1952

 28 June 2010

Employees Provident Fund and Misc. Provisions Act, 1952 - Enquiry under section 7A - Employment of minimum number of employees - Onus of Proof?..

Posted in Labour & Service Law |   2360 hits

For claiming equity in retirement benefits, same service conditions are must

 28 June 2010

Retirement Benefits - Articles 14 and 21 of the Constitution as benefits are based on grounds of intelligible differentia - Whether by extending benefits to the retired whole time Directors (Chairman, Managing Director, Executive Directors) is discri..

Posted in Labour & Service Law |   1653 hits

CIT vs. Anuj A. Sheth HUF

 28 June 2010

For purposes of working out application of proviso to Section 112, there is nothing in section which would deprive assessee of indexation claimed on sale of shares where there was a resultant loss..

Posted in Taxation |   1311 hits

Death Reference

 28 June 2010

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Posted in Criminal Law |   1269 hits

Vaidya Visharad Degrees provided by Hindi Sahitya Sammelan after 1967 are illegal

 28 June 2010

Recognition of Vaidya Visharad" or "Ayurved Ratna" - Section 17 of Indian Medicine Central Council Act, 1970 - Whether persons who qualified "Vaidya Visharad" or "Ayurved Ratna" after 1967 from Hindi Sahitya Sammelan Prayag are entitled to practice a..

Posted in Constitutional Law |   10727 hits

Failure to take possession from another tenant is no ground to deny eviction petition

 28 June 2010

Bona fide Requirement - Section 12(1)(f) of M. P. Accommodation Control Act - Whether the fact landlord evicted another tenant decades ago and did not occupy the premises relevant in a bona fide requirement claim? ..

Posted in Civil Law |   1169 hits

An employee removed not by way of penalty may move to Tribunal

 28 June 2010

Compulsory retirement of a teacher in unaided private school - Delhi School Education Act, 1973 - Whether a teacher in a recognized unaided private school can be compulsorily retired under Fundamental Rule 56(j) and not by way of penalty? ..

Posted in Labour & Service Law |   2083 hits

igh Court cannot interfere with the concurrent findings of facts based on pure appreciation of evide

 28 June 2010

Appeal - Concurrent findings of fact - Section 35G of the Central Excise Act, 1944 - During search, double set/parallel Central Excise Invoices were recovered from the Factory premises of the Appellant, which was admitted by the Director - Impugned g..

Posted in Taxation |   2614 hits

It is IO who has to form its opinion whether he requires custoial interrogation or not

 28 June 2010

Anticipatory Bail - Petition under Section 438 of CrPC to grant anticipatory bail for the offence under Section 13 of PC Act, 1988 and Section 409 r/w 149 of IPC - Alleged misappropriation of public money by Chief Officer, Town Municipal Council - Wh..

Posted in Criminal Law |   1212 hits

no authority can plead unlimited power of detention for its own incompetence as a justification beyo

 28 June 2010

Detention of goods - Validity - Petitioner sought clearance of impugned imported goods for home consumption on payment of import duty, which was physically verified by Departmental Officers and samples were taken for the purpose of making assessment ..

Posted in Taxation |   930 hits

Courts not to interfare in the elections of soceities

 23 June 2010

Election of President of Societies - Injunction - Calender of events and fixing date for election - Wether interim injunction granted to the order of Administrator fixing date for election and publishing calender of events justified in law? ..

Posted in Civil Law |   1322 hits