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Judgments and Orders

Probation Board

 23 June 2010

writ petition by life convict - plea in the writ petition was that his case had been recommended by the District Magistrate and the Superintendent of Police but the Probation Board in its meeting held on 24.1.2001 did not recommend his case for relea..

Posted in Criminal Law |   1709 hits

Election

 23 June 2010

Brundaban Mohanty vs Dushasana Jena..

Posted in Constitutional Law |   1560 hits

Quash -Food Adulteration

 23 June 2010

Bipin Mohanty And Anr. vs State Of Orissa And Anr...

Posted in Criminal Law |   3744 hits

Gratuity

 23 June 2010

Prasana Kumar Patra vs State Of Orissa And Ors...

Posted in Labour & Service Law |   3296 hits

Renting of Immovable Property do not fetch liability of Service Tax

 23 June 2010

Service Tax Liability - Renting of immovable property to be used for commercial / business purposes - Amendment has been introduced to Section 65(105)(zzzz) and 76 by virtue of the Finance Act, 2010 - Whether Assessee was to pay service tax liability..

Posted in Taxation |   1549 hits

extended period cannot be invoked where allegation of suppression of facts has not been specifically

 23 June 2010

Limitation ? Extended period ? Section 11A(1) of the Central Excise Act, 1944 ? Demand was raised invoking extended period of Limitation alleging suppression of facts on the ground that the processed fabrics were manufactured and cleared by the Appel..

Posted in Taxation |   1717 hits

value and volume of a dealer or investor holding hedging transactions should be in equal proportion

 23 June 2010

Speculative transaction - Deduction disallowed - Section 43(5) of Income tax Act, 1961 - Assessee - HUF engaged in business of dealing in shares and securities - In P&L Account debited loss on account of Nifty hedging transactions. Assessing Officer ..

Posted in Taxation |   1285 hits

there is no question of the said Regulation 15 having effect of depriving an equal opportunity to an

 23 June 2010

Eligibility - Admission to second year Pharmacy Degree Course - Eligibility criteria implementing Regulation 15 of the Education Regulations 91 of Pharmacy Council of India - Challenged - Whether eligibility criteria for admission to said course arbi..

Posted in Civil Law |   1182 hits

PIL AGAINST - 498-A -JUDGES OBSERVATIONS

 23 June 2010

A PIL TO DECLARE SECTION 498-A OF IPC ILLEGAL AND UNCONSTITUTIONAL ..

Posted in Criminal Law |   2964 hits

Bail

 18 June 2010

ranting of - and suspension of sentence - appeal - without expressing any opinion on the merits of the dispute and culpability of the accused, this Court is certainly of the opinion that this was not a fit case where the sentence awarded should have ..

Posted in Criminal Law |   1608 hits

Rate of Inerest

 18 June 2010

section 166 - respondent suffered permanent disability as both legs amputated due to rash and negligent driving of the lorry - no case has been made out for interference with the rate of interest. The appeal is dismissed subject to the modification t..

Posted in Civil Law |   1306 hits

Compensation with Interest

 18 June 2010

compensation with interest - entitlement - judgment of the High Court - challenged in this appeal - petition under section 166 of the Act - a bare argument by learned counsel for the appellants that the deceased had a potential of expanding his busi..

Posted in Civil Law |   2210 hits

Cruelty and desertion

 18 June 2010

appellant filed matrimonial case - on grounds of cruelty and desertion under Section 13(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion..

Posted in Family Law |   4584 hits

extra-judicial confession

 18 June 2010

Indian Penal Code, 1860 - section 302 - conviction under - an extra-judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the court. The confession will have to be proved like any other fact. The value of t..

Posted in Criminal Law |   5824 hits

customary divorce

 18 June 2010

Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary divorce - registered - permanent alimony received by the wife - there does not exist any period of limitation in respect of an offence under Section 494, as the maximum period o..

Posted in Family Law |   3593 hits

Referance

 18 June 2010

Land Acquisition Act, 1894 - sections 30 and 31 - an application for reference under - an attempt on the part of the First Respondent to get herself imp leaded as party in the Reference Petition did not fructify. The said order attained finality. It ..

Posted in Civil Law |   1328 hits

Res Judicata

 18 June 2010

Code of Civil Procedure - order II Rule 2 - Res Judicata - principals - applicability ..

Posted in Civil Law |   2845 hits

Review

 18 June 2010

Cr.P.C. Order 47 Rule 1 - order made in review - challenged - from a bare perusal of the judgment in review, it is clear that the principles laid down under Order 47 Rule 1 of the CPC have been completely ignored - we, however, give liberty to the..

Posted in Criminal Law |   1471 hits

Transfer of divorce suit

 18 June 2010

inspite of prayer for adjournment having been granted, no one appears to oppose the prayer for transfer on behalf of the respondent - considering the facts that the wife - petitioner herein - is staying at Andul Purba Para, P.O. Andul Mouri, P.S. San..

Posted in Family Law 1 comments |   2788 hits

discrepancies

 18 June 2010

conviction by trial court - set aside by the Division Bench - several discrepancies in the evidence of the witnesses and the prosecution version did not inspire confidence...

Posted in Criminal Law |   1406 hits