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Judgments and Orders

Assessing officercan re-open the case if concealment has been made

 06 May 2010

Reassessment proceedings - Alleged violation of the statutory provisions of Section 35 of the Bombay Sales Tax Act, 1959 on the ground of Concealment of sales, Inter-State movement of goods and Bogus C-forms - Whether notice for reopening of assessme..

Posted in Taxation |   1152 hits

Once notification of rotation of panchayat elections is issued, courts have no scope to intervene

 06 May 2010

Quashing of the notification making reservations and rotation effected in respect of Grama Panchayat Elections - Subsequent notification was issued notifying calender of events - Whether notification providing for reservation and rotation is liable t..

Posted in Civil Law |   1468 hits

Section 25 of the Code of Civil Procedure for transfer of Matrimonial

 06 May 2010

This is a petition filed by the wife of the respondent under Section 25 of the Code of Civil Procedure for transfer of Matrimonial Petition No.9 of 2008 pending before the Civil Judge, Senior Division, at Vasco-da-Gama, Goa, to a Court of competent j..

Posted in Civil Law |   6267 hits

Contributory Negligence

 06 May 2010

Motor accident - contributory negligence - compensation - the Tribunal limited the appellants' entitlement to 50% of assessed claim amount and granted compensation of Rs.6,56,300/- on the ground that there was contributory negligence on the part of t..

Posted in Civil Law |   1975 hits

Regularisation of the services of the workmen

 06 May 2010

stay - granting of - the Division Bench of the High Court, however, granted stay of payment of arrears till the disposal of the appeal. That being the position, this Court grants the stay against the regularization of the services of the workmen till..

Posted in Labour & Service Law |   1594 hits

Inordinate Delay in filing appeal

 06 May 2010

dismissal - the High Court has rightly dismissed the writ appeal on the ground of inordinate delay holding that the preliminary notification acquiring the land in question including the lands of the appellants was issued on 15th July, 1982 and the fi..

Posted in Civil Law |   2314 hits

Compulsory Registration of Marriages

 06 May 2010

Marriages - compulsory registration - directions were given to the States and the Union Territories in the matter of framing necessary statutes regarding compulsory registration of marriages - different States and Union Territories have placed on rec..

Posted in Family Law |   2872 hits

#)@ IPC

 06 May 2010

Indian Penal Code, 1860 — section 302 - conviction under by Additional Session Judge - appeal - dismissal by High Court appeal - there is strong circumstantial evidence that they were caused by the accused - this circumstantial evidence is sufficie..

Posted in Criminal Law |   2104 hits

Suit for Partition

 06 May 2010

Partition of a building constructed on a small piece of land between brothers - a serious endeavour has been made by this Court to amicably settle the matter - this Court is granting long time to the appellant to vacate the portion of the building i..

Posted in Civil Law |   2920 hits

If no lease period is mentioned therein, it is not for a specific period

 04 May 2010

Determination of lease period - No fix period mention in the lease deed - Whether lease can be treated as a perpetual lease? ..

Posted in Property Law |   1862 hits

Special Leave Petition is directed against the judgment and order of the Indore Bench

 04 May 2010

Special Leave Petition (Crl.) No.6276 of 2007, is directed against the judgment and order of the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.898 of 1997, challenging the judgment and order of conviction passed by the Addl. Ses..

Posted in Criminal Law |   3027 hits

the true test, is in interconnection and independence - in addition to geographical proximity and co

 04 May 2010

Permanent Establishment (PE) under DTAA - Test of Interconnection and Interdependence - Assessee - company incorporated in, and tax resident of, Mauritius - Engaged in business of marine and general engineering and construction, executed three contra..

Posted in Taxation |   1107 hits

Legally constituted society cannot be reconstituted prematurely

 04 May 2010

Re-registration of Society - Section 52 of the Tamil Nadu Societies Registration Act - Societies Registration Act, 1860 - Dhakshina Barath Hindi Prachar Sabha Act, 1964 - Writ petition filed to call for the records relating the Dhakshina Barath Hindi..

Posted in Civil Law |   1104 hits

Various complaints filed against the appellant

 04 May 2010

The appellant is a well known actress who has approached this Court to seek quashing of criminal proceedings pending against her. As many as 23 Criminal Complaints were filed against her, mostly in the State of Tamil Nadu, for the offences contemplat..

Posted in Criminal Law |   1761 hits

Indian Drugs & Pharmaceutical Ltd. (IDPL) challenges the judgment of Delhi High Court

 04 May 2010

Indian Drugs & Pharmaceutical Ltd. Versus Famy Care & Ors. - The respondent, Famy Care Company is engaged in the business of manufacture and supply of family planning products including Oral Contraceptives Pills (hereinafter “OCPs”). They have been s..

Posted in Others |   2374 hits

C. Magesh & Ors. etc. Versus State of Karnataka

 04 May 2010

. Narration of facts of the aforesaid criminal appeals arising out of common judgment and order passed by High court of Karnataka, Bangalore, in three criminal appeals, one preferred by convicted accused, other two by State of Karnataka, would reveal..

Posted in Criminal Law |   1322 hits

Shiefting venue of trial is not transfer of case

 03 May 2010

Criminal - Shifting venue of Trial - Whether shift as in the present case means "transfer" as contemplated in Section 407 of the Code of Criminal Procedure, 1973 ? Criminal - Conduction of Trial inside the jail premises - Violation of Articles 1..

Posted in Criminal Law |   1373 hits

State Govt. cannot file Appeal against Special Judge CBI

 03 May 2010

Criminal - Competence of State to file an Appeal - Scope of - Section 378, 378(1) and 378(2) of Code of Criminal Procedure, 1973 - Whether the State Government has competence to file an appeal from the judgment passed by Special Judge, CBI acquitting..

Posted in Criminal Law |   1501 hits

State Govt. cannot impose parameters over non-aided schools

 03 May 2010

Constitution - Starting a primary, secondary or higher secondary school on "permanent no grant basis" in "Marathi medium" - Bombay Primary Education Rules, 1949 - Proposal submitted pursuant to Government Circular - Government issued Impugned Resolut..

Posted in Constitutional Law |   1711 hits

Prisoners have full rights for medical treatment

 03 May 2010

Constitutional - Exhaustion of Remedies - 42 U.S.C. § 1997e(a), Department of Corrections' Procedural Rules - Suit against prison officials claiming denial of adequate medical care inspite of regular request and several prison grievance complaints - ..

Posted in Constitutional Law |   1573 hits