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Lawyersclubindia Judiciary

Officially wedded 2nd Wife can only Claim Service benefits

 06 March 2010

Family - Issuance of Legal Heir Certificate for purpose of getting service benefits of deceased Government servant-husband - Non-inclusion of Petitioner-second wife of deceased as legal heir - Challenge thereto - Rule 49 of the Tamil Nadu Family Pens..

Posted in Family Law |   2507 hits

Insurer to Mandatorily obtain permission of MACT

 06 March 2010

Motor Vehicles - Accident Claim - Award by Tribunal in favour of Claimant - Appeal by Insurer against same - Maintainability of appeal - Permission of Tribunal not obtained by Insurer - Section 149(2) and Section 170 of Motor Vehicle Act, 1988 ..

Posted in Civil Law |   1840 hits

Court cannot Grant Possession if it is not Part of Contract

 06 March 2010

Contract - Contract of lease - Cessation of Juridical Possession of premise by virtue of lease - Enforcement of contractual rights - Grant of relief by Court - Challenge thereto - Plaintiff-Respondents and Defendant-Appellants entered into a contract..

Posted in Civil Law |   1941 hits

Insurance Company Can Invoke Jurisdiction of Consumer Fora

 03 March 2010

One recurring point of dispute in consumer law has been the standing of the person who makes the complaint. The Consumer Protection Act allows only persons who buy goods or services for their own purpose to approach a consumer forum. The law was amen..

Posted in Civil Law 1 comments |   3191 hits

Lifting the Corporate Veil

 01 March 2010

The courts have been more prepared to pierce the corporate veil when it feels that fraud is or could be perpetrated behind the veil. The courts will not allow the Salomon principal to be used as an engine of fraud. ..

Posted in Corporate Law |   5197 hits

Maintenance for an illegitimate child from an alleged father

 01 March 2010

Where maintenance is claimed for an illegitimate child from an alleged father, it is not enough that the defendant would have been the father, but the court has to find out that in all reasonability no one else could have been the father ..

Posted in Family Law |   3741 hits

3rd Party Passport Details are Allowed

 01 March 2010

Background 1. The RTI request was filed on 14.3.07. The Appellant requested for information about the passport and other enclosures of passport of one mr. Janu Pawar besides action taken on his complaint dated 28.4.08 . The CPIO replied on 13.5.08 d..

Posted in Civil Law |   1993 hits

False affidavit, perjury procedure in 24 HMA

 01 March 2010

If false affidavit is filed either of the parties in section 24 HM Act or elesewhere, there is a set procedure for initiation of purjury and it should not be taken lightly and should be decided separately by trial judge after conducting enquiry...

Posted in Family Law |   5886 hits

Divorced woman can’t use ex’s name

 01 March 2010

One application was filed by the ex­husband (husband) seeking to restrain his ex­wife (wife) from using his surname (name) since divorce decree has been already passed and has became final. This application came to be filed as an interim application..

Posted in Family Law |   2507 hits

VRS application can be withdrawn before employer accepts it

 26 February 2010

Petition had tendered his resignation under VRS Scheme but had applied to withdraw the same but bank refused it and matter wnet up till High Court wherein this judgment was delivered...

Posted in Labour & Service Law 1 comments |   2806 hits

Medical negligence is to be proved by Complainant-SC

 23 February 2010

A complaint was filed against medical practitioner stating therein that he is negligible in his treatment. The matter went upto National Consumer commission wherein it was held that the medical practitioner is not negligible and then appeal was filed..

Posted in Criminal Law |   1462 hits

Misuse of 498A is like Legal Terrorism - SC

 22 February 2010

Issue: Evidence Act, 1872 - Section 113B; Criminal Law (Second Amendment) Act, 1983; Dowry Prohibition Act, 1961; Indian Penal Code, 1860 - Sections 304B, 306 and 498A; Criminal Procedure Code (CrPC), 1973; Constitution of India - Articles 14 and 3..

Posted in Family Law 2 comments |   4953 hits

Indian Working Abroad & His Tax Liability In India

 20 February 2010

Shri Anurag Chaudhary (applicant), a software engineer, was an employee of NIIT Technologies Limited (NIIT – India). NIIT India assigned the applicant to work in its group company NIIT Technologies Inc. (NIIT USA) for a specific period. The applicant..

Posted in Labour & Service Law |   3099 hits

Deduction u/s 80P – Cottage industry– matter remanded

 20 February 2010

Bye-laws have not been examined by the Assessing Officer or Bye-laws were not produced before the Assessing Officer - the assessee is not entitled to claim benefit of deduction under Section 80P(2)(a)(vi) of the Act- – matter remanded...

Posted in Taxation |   2413 hits

Income Tax (Appeals)

 18 February 2010

A short question which arises for determination in this civil appeal is – whether the Income Tax Appellate Tribunal was, on the facts and circumstances of this case, justified in upholding the order of the Commissioner of Income Tax (Appeals) directi..

Posted in Taxation |   1671 hits

very interesting in 138

 17 February 2010

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Posted in Criminal Law |   1768 hits

Full Bench on Juvenile Justice Right

 15 February 2010

The delinquency and the initial legal proceedings The appellant Pratap Singh had abducted and murdered by poisoning, in conspiracy with others, the deceased on 31-12-1998. He was arrested and produced before the CJM on 22-11-1999. In response to a..

Posted in Family Law |   4314 hits

TPO cannot follow procedure other than given in Act & Rules

 13 February 2010

CA Computer Associates Pvt. Ltd. (assessee) was incorporated during the year 1998 and was a 100 % subsidiary of Computer Associates International Inc. USA (CA – USA). The assessee was primarily engaged in the business of (i) licensing mainframe midra..

Posted in Taxation |   1898 hits

losses of a Non-eligible Undertaking are not required to be

 13 February 2010

The issue before the SB was that, while computing the amounts eligible for tax holiday under the Indian Tax Law (ITL), whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non-eligible Undertaking), are required..

Posted in Taxation |   1684 hits

PIL by Litigant is Liable to be Depricated-SC

 13 February 2010

Case Note: (i) Environment - forest land - Forest (Conservation) Act, 1980 - matter pertaining to question that whether land-X leased by State of Chattisgarh to A for setting up of coal washery is part of 'forest land' - contention that prior approv..

Posted in Legal Documents |   3954 hits







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