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Lawyersclubindia Judiciary

Senior Superintendent Telegraph (Traffic) Bhopal Versus Sant

 29 April 2010

The main question is whether relief of reinstatement and back wages granted to respondent nos. 1 to 14 (for short, ‘the workmen’) is justified. The facts leading up to this appeal by special leave are few and simple. The workmen were enrolled with th..

Posted in Others |   1326 hits

WEST BENGAL ELECTRICITY REGULATORY COMMISSION VERSUS HINDALCO INDUSTRIES LTD. & ORS.

 29 April 2010

In these two appeals the appellants are aggrieved by the order passed by the Appellate Tribunal for Electricity (hereinafter referred to as ‘the Tribunal’) in Appeal No.3/2007 dated October 31, 2007. The present Appeal No. 805 of 2008 is at the insta..

Posted in Others |   2544 hits

The Managing Director, Hassan Co-operative Milk Producer’s S

 28 April 2010

These two appeals, by special leave, are concerned with the liability of the appellants to pay ESI contribution in respect of the workers employed by the contractors in performance of the contract awarded to them for transportation of milk. The two a..

Posted in Others |   2098 hits

N. Suresh Nathan & Ors., Etc. Etc. Versus Union of India & O

 28 April 2010

The relevant facts briefly are that the Government of Pondicherry, Planning & Development Department, made the Assistant Engineers (including Deputy Director of Public Works Department) Group ‘B’ (Technical) Recruitment Rules, 1965 [for short ‘the Re..

Posted in Others |   1813 hits

S.R. SRINIVASA & ORS. VERSUS S. PADMAVATHAMMA

 28 April 2010

Briefly stated the facts of the case are that the plaintiffs claimed that Puttathayamma was wife of Sivaramaiah who pre-deceased her in 1950. Puttathayamma died on 15.11.1979. She had four children. Lalithamma (daughter) who died in 1990, was the ori..

Posted in Others |   1754 hits

M/s. A.P.T. Ispat Pvt. Ltd. Versus U.P. Small Industrial Corporation Ltd. & Anr.

 28 April 2010

The appellant is a private limited company incorporated and registered under the Companies Act. It seeks to challenge two recovery certificates issued by the Managing Director of the U.P. Small Industries Corporation Ltd. (a government corporation) i..

Posted in Others |   1807 hits

Zameer Ahmed Latifur Rehman Sheikh Versus State of Maharashtra and Ors.

 28 April 2010

This matter concerns an assortment of questions regarding the interpretation and constitutionality of certain provisions of the Maharashtra Control of Organized Crime Act, 1999, and as such calls for our utmost attention, particularly in view of the ..

Posted in Others |   1721 hits

State of Andhra Pradesh vs Hyderabad Potteries Private Limit

 27 April 2010

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Posted in Property Law |   1873 hits

M/s. Modern Industries Versus M/s. Steel Authority of India

 27 April 2010

Two main questions arise for consideration – first, as to the meaning of the expression, ‘amount due from a buyer, together with the amount of interest’ under sub-section (1) of Section 6 of the Interest on Delayed Payments to Small Scale and Ancilla..

Posted in Others |   1411 hits

Chhattisgarh State Electricity Board Versus Central Electric

 27 April 2010

Whether Section 5 of the Limitation Act, 1963 (for short, ‘the Limitation Act’) can be invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 (for short, ‘the Electricity Act’) after ..

Posted in Others |   2113 hits

Loss to State can be recovered from guilty Employee

 27 April 2010

Service - Section 4(1) of the Tamil Nadu Prohibition Act - Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules - Petitioner was a sub-inspector of police and an amount was sought to be recovered from him by the State Govt. giving a s..

Posted in Labour & Service Law |   1158 hits

S. Sumnyan And Others vs Limi Niri And Others [SC]

 27 April 2010

Service - Arunachal Pradesh Administration [Public Works Department] Group-B Post Recruitment Rules, 1983 - Seniority - Computation - Ad-hoc service benefit - Appellants after their recruitment on temporary and ad-hoc basis worked on probation for a ..

Posted in Labour & Service Law |   2102 hits

M/s. Vijaya Bank Versus Commissioner of Income Tax & Anr.

 26 April 2010

Whether it is imperative for the assessee-Bank to close the individual account of each of it's debtors in it's books or a mere reduction in the Loans and Advances or Debtors on the asset side of it's Balance Sheet to the extent of the provision for b..

Posted in Others |   2376 hits

Promotion of the employee under criminal trial be deferred

 26 April 2010

Service - Promotion - Entitlement thereto -Section 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules - Based on the Charges framed under the Rules against the petitioner, who was appointed as forester by the respondent, a punishment o..

Posted in Labour & Service Law |   2080 hits

Assistant Commercial Tax Officer Versus Others

 26 April 2010

With the consent of counsel appearing for the parties, the matters are heard for final disposal. By this judgment we will dispose of all the aforenoticed appeals as common question of law on somewhat similar facts arises for consideration of this Cou..

Posted in Others |   1218 hits

EPF is justified in auction of Sugar for Recovery of dues

 26 April 2010

Maharashtra State Co-Operative Bank Ltd v. Assistant Provident Fund Commissioner and Ors. (Decided on 03.03.2010) MANU/MH/0166/2010 Constitution - Recovery of Provident Fund dues - Auction Notice issued under Employees of the Provident Funds and M..

Posted in Labour & Service Law |   1284 hits

Assistant Commissioner, Commercial Tax Department, Works Con

 26 April 2010

The present appeal under Article 136 of the Constitution of India is directed against the Judgment dated 29th February, 2008 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Sales Tax Revision Petition No.92 of 2007, and i..

Posted in Others |   1844 hits

Education institution is bound to refund excess fee charged

 26 April 2010

Constitution - Petitioners completed course in MBBS and intended to pursue further studies - they required No Due Certificate and completion certificate - in an earlier petition the respondent, Institution, was directed to pay back fee to petitioners..

Posted in Civil Law |   1463 hits

Assistant Commercial Taxes Officer Versus M/s. Kansai Nerola

 26 April 2010

We may notice necessary facts giving rise to the present appeal. Vehicle No. RJ-19G-3661 was carrying `parchun’ materials and in addition 377 pieces of drum bucket paints. These goods were transported from Ughna (Surat) to Jodhpur under Bilty No. 014..

Posted in Others |   1486 hits

Assessee is not responsible to dedct TDS on NRI Company

 26 April 2010

Taxation- TDS Obligation - Assessee made remittance to non - resident company without deducting TDS - AO considering it "fees for technical services" held him liable as assessee in default for not deducting TDS - CIT reversed assessment order - Hence..

Posted in Taxation |   2005 hits