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Judgments and Orders

Consumer court jurisdiction over Telephone customer disputes

 19 December 2009

Telegraph Act was a special law, its provisions would prevail over a general law like Consumer Protection Act, 1986. "It is a settled law that general law must yield to special law," said the Bench and noted that there was a remedy prescribed und..

Posted in Civil Law |  1 comments |   3483 hits

Telecom Consumer and Arbitrator under Indian Telegraph Act

 19 December 2009

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Posted in Civil Law |   3170 hits

Indian Telgraph Act Vs Consumer Protection Act

 19 December 2009

Now, it is also a settled law that where two interpretations of statute/law are possible, then the one favouring the consumer is to be taken. Moreover, in case of petty consumer disputes, to direct a poor consumer to approach the Central Government f..

Posted in Civil Law |   2484 hits

TDSAT and Civil Jurisdiction

 16 December 2009

The special right recognized under the Copyright Act can be enforced only through the civil court. The machinery contemplated under the TRAI Act cannot determine the civil disputes which fall outside the scope of section 15 of the TRAI Act, 1997. Suf..


CIT vs Techno Shares and Stocks Ltd.,

 09 December 2009

The BSE Card is not an Intangible Asset within the meaning of section 32 of Income Tax Act, and hence not eligible for depreciation..

Posted in Taxation |   5034 hits

Penalty u/s 271(1)(c) of I T Act

 09 December 2009

Penalty on Disallowance of certain expenses- Not Leviable, False Claim of Deduction - Penalty Leviable and Inadvertent Error- Not Leviable..

Posted in Taxation |   6084 hits

Suman v/s State of Rajasthan and another

 23 November 2009

If police remove name of an accuse even then person can file an application u/s 319 for adding the name of that accuse...

Posted in Family Law |  2 comments |   5041 hits

SATYAM COMP. SERVICES TO TECH MAHENDRA -CLB -ORDER

 11 November 2009

1. An apt title to this order could be “Adoption of Orphan Satyam”. Or “Orphan Satyam Adopted”. Apparently a healthy and smiling company, having won various laurels-mostly in relation to corporate governance, became a weeping orphan overnight ..

Posted in Corporate Law |   4837 hits

S.13-B(2)

 08 November 2009

Waiver of statutory period under s.13(b)(2)..

Posted in Family Law |   5987 hits

Permission under section 155 (2) Cr.P.C

 25 October 2009

Permission under section 155 (2) Cr.P.C. can be granted by the magistrate on the application of complainant or other aggrieved person also.......

Posted in Criminal Law |   20240 hits

156 (3) Cr.P.C.-Rape allegation against father-in-law

 25 October 2009

156 (3) Cr.P.C.-Rape allegation against father-in-law-no reason not to direct registration of FIR-order quashed-matter remanded......

Posted in Criminal Law |  4 comments |   6745 hits

CAPITAL PUNISHMENT-ART 21

 24 October 2009

Constitution of India, 1950: Article 32--Writ petition by wife of condemned prisoner---Capital punishment-- Justification of--Hanging by neck--Scientific and less painful. Constitution of India, 1950:Article 21 ---Death penalty--- Awarding--Not u..

Posted in Constitutional Law |   5810 hits

MV ACT-THIRD PARTY INSURANCE-OWNER DEAD IN NO CLAIM

 24 October 2009

"That as per Motor Vehicle Acts and Rules the owner is not entitled to get any compensation if he drives the vehicle and falls in an accident- As the Insurance Policy is a third party in nature- The contract between the insured and insurer is that..

Posted in Others |   5003 hits

TVS -BAJAJ CASE ON FLAME BIKE

 24 October 2009

Further applying the well laid down principle that when application for revocation of a patent of the Respondent is pending before the Appellate Tribunal and when such an application has been preferred on the ground of existence of a prior art, o..


TVS -BAJAJ CASE ON FLAME BIKE

 24 October 2009

The said application of the Respondent was resisted by the Appellant by contending that the use of two spark plugs in an IC engine was a prior art for which no patent could have been applied for and that the Respondent resorted to a deceptive met..


Hindu Marriage Act - section 13(1)(1a)(1b)

 24 October 2009

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, the trial court did not grant a decree - for divorce, but thought it appropr..

Posted in Family Law |   25309 hits

Motor accident - negligent driving - compensation

 24 October 2009

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Posted in Civil Law |   1679 hits

Transfer of divorce suit

 24 October 2009

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Posted in Family Law |   1910 hits

Motor Vehicles Act, 1988

 24 October 2009

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Posted in Civil Law |   2334 hits

PRESUMTION REBUTAL -NI ACT SEC 138,139 AND 142

 16 October 2009

It is now well settled when two views are possible, the High Court while exercising its appellate power against a judgment of acquittal, shall not ordinarily interfere therewith. [See V. Venkata Subbarao v. State represented by Inspector of Police..

Posted in Criminal Law |  1 comments |   3905 hits