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Judgments and Orders

Convincing Evidence is must to be brought against delinquent

 01 April 2010

Disciplinary Proceedings - Show Cause Notice proposing Punishment of removal from service - Quashing thereof sought - Notice challenged on the ground of lack of original jurisdiction in prescribing punishment, inadequate evidence - Tribunal held that..

Posted in Labour & Service Law |   1464 hits

Partition of one unit into two by tenant is sub-tenancy

 01 April 2010

Tenancy - Eviction - Subletting - Petitioner was running a restaurant at the premises of Respondent No. 3 in the ground and first floor - On inspection Respondent No. 3 found that the Petitioner's restaurant was running on ground floor only and one C..

Posted in Civil Law |   1586 hits

Liability to TDS arises only when Receipient is liable to pa

 01 April 2010

TDS - Assessee company incorporated in India, is a wholly owned subsidiary of the company incorporated in Netherlands, was engaged in the business of dredging, contracting, reclamation and marine activities - Appellant filed an application with DCIT ..

Posted in Taxation |   4380 hits

Mediation before arrest in DV/matrimonial cases

 17 March 2010

"when a complainant approaches the police station or the concerned lower courts, with complaints about harassment, or violence against the wife, by the husband and in-laws, except in cases of extremely grave nature or in cases of serious violence and..

Posted in Criminal Law |   4621 hits

M/s. Variety Entertainment Private Limited, Hyderabad

 16 March 2010

..

Posted in Others |   2146 hits

Section 11B cannot be invoked in respect of the alleged misc

 11 March 2010

Company -Alleged misstatement of facts in prospectus of company and misguiding investors - Restraint order from assessing securities market - Power of SEBI to issue directions - Section 11B of the Securities and Exchange Board of India Act, 1992 - SE..

Posted in Corporate Law |   2455 hits

Law of Limitation do not give Power to Courts to cross maxim

 11 March 2010

Limitation - Application for condonation of delay - Delay condoned outside limitation period - Discretion and Power of Court - Order 41 Rule 3A of the Code of Civil Procedure read with Section 5 of the Limitation Act - Whether the Division Bench of G..

Posted in Civil Law |   2525 hits

the principle of ejusdem generis cannot be applied to make a

 11 March 2010

Service - Complaint of sexual harassment against approved teachers of Appellant college by non approved teachers - Directions issued by Respondent University freezing appointment of impugned approved teachers on recommendations of Grievance Committee..

Posted in Labour & Service Law |   5208 hits

In terminating delership, fairness is must

 11 March 2010

Commercial - Termination of dealership agreement - Validity thereof - Opportunity of hearing and sufficient notice as to proceedings not given - Whether the dealership of the Respondent No. 1 had been validly terminated in accordance with Clause 58 o..

Posted in Corporate Law |   1258 hits

A writ petition to assail the election of a person is not co

 11 March 2010

Constitution - Writ of Quo-Warranto seeking removal of elected representative from public office - Scope thereof - Representation of the People Act, 1951 - Whether a writ petition seeking to assail election of elected person and his removal from publ..

Posted in Constitutional Law |   1495 hits

Non-compliance to Procedure is Fatal

 11 March 2010

Civil - Second appeal - Non compliance with statutory requirements - No substantial question of law incorporated in grounds of appeal -Jurisdiction of Court to formulate substantial question of law in memo of appeal - Whether non-compliance with any ..

Posted in Civil Law |   1681 hits

No absorption in Permanent employment can be made under ID A

 11 March 2010

Food Corporation of India v. Central Government Industrial Tribunal and Ors (Decided on 25.02.2009) MANU/WB/0336/2009 Labour and Industrial - Regularization of casual workers in service - Award by Tribunal - Challenge thereto vide writ petition - ..

Posted in Labour & Service Law |   2566 hits

the court can impose the sentence of fine on a company

 11 March 2010

Direct Taxation - Offence by Companies - Willful attempt to evade tax - Concealment of taxable income - Section 276C and Section 278B of Income Tax Act - Trial Court issued process against Applicant-accused on a complaint by Respondents that Applican..

Posted in Taxation |   1225 hits

statutory presumptions arising are required to be rebutted b

 11 March 2010

Criminal - Offence of dishonour of cheque - Statutory presumptions available to Complainant - Rebuttal thereof by Accused - Section 138 and Section 139 of Negotiable Instruments Act, 1881 - Appellant-Complainant challenged order of Trial Court acquit..

Posted in Criminal Law |   1332 hits

he Registrar while appearing in proceedings under Section 98

 11 March 2010

Intellectual Property Rights - Trademarks - Application for rectification of registration of trademark - Appearance of Registrar in legal proceedings - Content of deposition or statement made by Registrar or his duly authorised subordinate - Scope th..


Demarcated space made available in the warehouse by logistic

 06 March 2010

Seagate Singapore International Headquarters Pvt. Ltd. (applicant) was engaged in the business of manufacture and sale of Hard Disk Drives (disks). It has been supplying disks to Original Equipment Manufacturers (OEMs) in India. In order to minimize ..

Posted in Corporate Law |   2741 hits

No consent of State is necessary for High Court for directio

 06 March 2010

Constitution - Power of High Courts to issue certain writs - Article 226 of Constitution of India - Whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation..

Posted in Constitutional Law |   1747 hits

Appellate Court Re=appreciate Entire Evidence

 06 March 2010

Criminal - Appeal against acquittal - Review of evidence - Power of Appellate Court thereof - Sections 378 and 386 of the Criminal Procedure Code, 1973 ..

Posted in Criminal Law |   1662 hits

Legal Heirs of Deceased Landlord Cannot Raise New Ground

 06 March 2010

Tenancy - Suit for eviction of Tenanted premises - Bona fide requirement of premises claimed by Landlord - Death of Landlord-original plaintiff during pendency of proceedings - Continuity of proceedings by legal heirs of Landlord -Right thereof - Whe..

Posted in Civil Law |   2210 hits

State Govts is not appropriate Govt. in Case of Cement Indus

 06 March 2010

Labour and Industrial - Controlled Industry - Declaration of cement industry as Controlled Industry - Appropriate Government for Cement Industry - Delegation thereof - Applicability of MRTU and PULP Act - Section 30 of Industrial Disputes Act, 1947 a..

Posted in Labour & Service Law |   3864 hits