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Judgments and Orders

Resale Tax

 19 September 2008

Maint contractor liable for resale tax under section 6-B of the KST Act, 1957..

Posted in Taxation |    hits

Appeal -Scope

 19 September 2008

(A) Promissory estoppel - Pay protection - Appellant had been given the benefit of pay protection - Offer of appointment cannot be read so as to extend such benefits in regard to the applicability of the recommendations of the Fifth Pay Commission wh..

Posted in Civil Law |    hits

Award

 19 September 2008

Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..


Validity of Shorter Limitation

 18 September 2008

Major Port Trust Act, 1963 - Section 120 - Notice - Limitation - Validity of Shorter Limitation - A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a l..

Posted in Civil Law 1 comments |    hits

Condone the Delay in Filing Appeal

 18 September 2008

Telecom Regulatory Authority of India Act, 1997 - Section 14 A (2) (3) & 18 - Statutory Appeals - Condone the Delay in Filing Appeal - Point in issue was of general importance and since there was no Authoritative Pronouncement - Whether "in the facts..

Posted in Civil Law |    hits

Costs

 18 September 2008

(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..

Posted in Civil Law |    hits

Murder & Attempt to Murder

 18 September 2008

(A) Indian Penal Code, 1860-Sections. 300, 302, 307 r/w 34- Murder and attempt to murder- Common object-Proof-Deceased and his injured brother allegedly stabbed by appellants while they were returning home- Material change and an improvement in state..

Posted in Criminal Law |    hits

MAintainability of a Complaint

 18 September 2008

A. Criminal Procedure Code, 1973- Section-181(4) – Territorial Jurisdiction – Offence of criminal breach of trust and cruelty – case registered under sections. 406/498-A I.P. C. - Allegation that petitioners, in-laws husband harassed the complainan..

Posted in Criminal Law |    hits

Material Supression of Fact in a Criminal Case

 18 September 2008

A. Criminal Procedure Code, 1973 – Section 144- Dispute between landlord and tenant – Validity of order passed by Executive Magistrate restraining tenant from entering premises – Landlord’s application under section 144 for possession of premises- re..

Posted in Constitutional Law |    hits

Jurisdiction of Family Courts

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..

Posted in Civil Law |    hits

Maintenance of Unmarried Daughter

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125(1)(c) ― Word ‘injury’ used in Section 125(1)(c) ― Need not necessarily denote ‘physical injury’ for it can be mental injury as well ― It has to be read in the context of inability..

Posted in Civil Law |    hits

Misconduct of Conductor

 18 September 2008

Removal - Misconduct - Breach of faith - Respondent, conductor issued ticket of 0.50 paisa denomination instead of Rs. 4/- to 16 lady passengers - Guilty of serious misconduct and the gravity of the misconduct cannot be minimized by the fact that he ..


Reference - Only a question of law can be answered

 18 September 2008

(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..

Posted in Others |    hits

Transfer of a WRIT

 18 September 2008

Constitution of India, Article 139-A(2) - Transfer petition - Transfer of petition from Madras High Court to Delhi High Court where other writ petitions involving identical issues are pending - Writ transferred to Delhi High Court. (Paras 5) ..


Works Contract

 13 September 2008

Judgement in the case of K Raheja Development Corporation has been referred for larger bench..

Posted in Taxation |    hits

Relevancy of fact

 11 September 2008

(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..

Posted in Civil Law |    hits

Rejection of Plaint

 11 September 2008

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Posted in Civil Law |    hits

Section 482 Cr.P.C

 11 September 2008

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Posted in Criminal Law |    hits

Interim injunction

 05 September 2008

(A) Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Trade Marks Act, 1999, Sections 29 and 106 - Interim injunction - c - Appellant prior user of trade mark 'Glucon-D' and specific packaging - The term 'Glucose-D' used by respondent from the yea..


discrimination and personal bias in vigilance action

 05 September 2008

due to the personal srtain relationship..








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