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Judgments and Orders

Software Development - Works Contract

 21 October 2008

sales tax - works contract - programming and providing computer software - consultancy charges - finding of additional commissioner upon scrutiny of books and invoices and profit and loss account that dealer engaged in application software developmen..

Posted in Taxation |    hits

Customised and Non-Customised Software are goods

 13 October 2008

Developing and selling unbranded software, the authority for clarification relying on the decision in Tata Consultancy Services Vs State of Andhra Pradehs [1997] 105 STC 421 (AP) clarified that the peritioner was not eligible to issue Form XVII for p..

Posted in Taxation |    hits

M V Act compensation- license

 11 October 2008

Driver of the crime vehicle not having valid license- hence insurance company has no liability- owner of the crime vehicle is liable to pay compensation. ..

Posted in Civil Law |    hits

burden of proof in cases under 138 ofN I Act

 10 October 2008

Negotiable Instruments Act, 1881, Sections 138 and 139 — Dishonour of cheque —“Insufficient funds” — Cheque dishonoured with remarks “Insufficient funds” — Conviction Cannot be set aside on the ground of not proving that cheque was given for any debt..

Posted in Criminal Law |    hits

— Presumption

 10 October 2008

Negotiable Instruments 1881, Section 138 — Presumption - Rebuttal - Presumption that cheque was drawn for discharge of liability of drawer is presumption of law which is ought to be raised by Court in every case. Burden of proving that there was no d..

Posted in Criminal Law |    hits

Freight Charges

 09 October 2008

Freight charges forms part of turnover of dealer even if it is charges and collected separaely..

Posted in Taxation |    hits

Subsequent sale while goods in transit

 09 October 2008

Goods appropriated to contract before commencement of movement not an exempt subsequent sale. Dealer applying to department in Karnataka for C Forms. Karnataka Sales appropriate state to levy and recover CST..

Posted in Taxation |    hits

RAMJI VS STATE

 08 October 2008

MM CANGRANT BAIL IN CASES PUNISHABLE WITH LIFE ALSO...

Posted in Criminal Law |    hits

SC seeks Centre’s response on ‘discrimination’ over pension

 08 October 2008

The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while gr..

Posted in Civil Law |    hits

Waiver of Interest

 07 October 2008

For the said purpose, another well-known principle, namely, a person cannot take advantage of his own wrong, may also have to be borne in mind...

Posted in Taxation |    hits

Daughter in law can't claim Right to Live in In-laws house

 05 October 2008

Daughter in law can't claim Right to Live in In-laws house...

Posted in Family Law |    hits

Dowry death

 30 September 2008

A. Medical Jurisprudence – Course of death- Presence of heamatoma at left temporal region with contusion appearing externally would suggest, there was use of external violence of person of deceased of deceased before she died – death was not due to s..

Posted in Criminal Law |    hits

Kidnapping and rape

 30 September 2008

A. Indian Penal Code, 1860- Sections- 376 (2) (f), 363, 366- Kidnapping and rape- proof – Prosecutrix, a minor girl aged about 10 years allegedly allured by appellant on pretext that he will get her learnt to run bicycle, took her to his house and c..

Posted in Criminal Law |    hits

Kidnapping and rape

 30 September 2008

A. Indian Penal Code, 1860- Section 376 and 363- Kidnapping and rape- Proof- Allegation that viction, a minor girl kidnapped by appellant, a private tutore with assistance of co-accused persons and committed rape on her – statement of victim that app..

Posted in Criminal Law |    hits

Kidnapping for randsum

 30 September 2008

Indian Penal Code, 1860 ― Section 364-A/34 ― Kidnapping for ransom ― Allegation that accused persons kidnapped the child of complainant for ransom ― One of the accused was earlier working in complainant’s house ― He took..

Posted in Criminal Law |    hits

Review

 30 September 2008

Constitution of India, Article 137 - Review - Ground that State Government while sanctioning the proposal for the Municipal Corporation regarding modification of Development Central Rules added certain words which was not proposed by Municipal Corpor..

Posted in Constitutional Law |    hits

Robbery and Grevious Hurt

 30 September 2008

Penal Code, 1860, Sections 392 and 397 - Robbery - Grievous hurt - Any hurt which endangers life is grievous hurt - The term endangering life is much stronger than the expression dangerous to life - Knife blow was given on the chest, just below the n..

Posted in Criminal Law |    hits

Additional Evidence

 30 September 2008

Civil Procedure Code, 1908, Order 41 Rule 27 - Additional evidence - Second appeal stage - Industrial plot - Resumption order - Legal notice on behalf of respondents sought to be placed on record at second appellate stage - Difference of opinion betw..

Posted in Civil Law |    hits

Dismissal

 30 September 2008

Dismissal - Misconduct - Respondent in unauthorized occupation of quarter belonging to company - Vacation suit against respondent - When the Town Warden went to execute the decree along with Nazir of Civil court he was assaulted by respondent - Order..


Appointment of arbitrator

 30 September 2008

(A) Arbitration and Conciliation Act, 1996, Section 16(1) - Arbitration agreement - Validity of - An arbitration clause is a collateral term in the contract, which relates to resolution of disputes, and not performance - Even if the performance of th..

Posted in Corporate Law |    hits