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Lawyersclubindia Judiciary

Special provisions relating to firms

 05 December 2008

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Posted in Taxation |    hits

Principle of mutuality

 05 December 2008

In a case where the assessee made persons renting the marriage hall as temporary members of the club and claimed that the entire income is not taxable on the principle of mutuality. The Kerala High court in CIT vs. Trivandrum Club (2006) 282 ITR 505 ..

Posted in Taxation |    hits

Profits and Gains of Business or Profession

 05 December 2008

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Posted in Taxation |    hits

Section 8 of Arbitration and Concilation ACt

 03 December 2008

Arbitration and Conciliation Act, 1996 — Sections 8, 16, 45 and 54 — Reference to Arbitration — Judicial authority must refer the dispute which is the subject-matter of an arbitration agreement if an action is pending before him, subject to the..

Posted in Others |    hits

Rent Act

 03 December 2008

Government Companies are excluded from operation of Rent Act...

Posted in Civil Law |    hits

Termination of service

 03 December 2008

Industrial Disputes Act, 1947, Sections 25F and 2(oo)(bb) - Termination of service - Casual labour - Engaged for specified project and after completion of work project was abolished - Question of applicability of section 25F of the Act depend upon th..


Natural Justice

 03 December 2008

Criminal Procedure Code, 1973, Sections 401, 402 and 482 - Penal Code, 1860, Sections 323,342,382,386 r/w 120 B - Natural justice - Complaint agaisnt appellant alleging offence under IPC - Complaint dismissed by Magistrate - Revision filed before the..

Posted in Criminal Law |    hits

Natural Justice

 03 December 2008

Civil Procedure Code, 1908, Order 33 Rules 1,3 and 8 - Natural justice - Indigent person - Exemption from court fee - Grievance that they had no opportunity to meet the case set up by the respondents in its counter affidavit, nor did it have opport..

Posted in Civil Law |    hits

Equitable relief - Suppression of facts

 03 December 2008

Constitution of India, Article 226 and 136 - Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 - Equitable relief - Suppression of facts - Default in payment of loan and interest by appellan..

Posted in Constitutional Law |    hits

Recovery against Guarentor

 03 December 2008

(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..

Posted in Corporate Law |    hits

Delayed Reference

 03 December 2008

Industrial Disputes Act, 1947, Sections 10 and 25F - Reference - Delayed reference - Delay of 13 years - Back wages - While upholding the direction of reinstatement, payment of back wages set aside. (Para 7 to 9)..


Recalling of order

 03 December 2008

(A) Criminal Procedure Code, 1973, Section 482 - Prevention of Food Adulteration Act, 1954, Sections 7 and 16 - Recalling of order - Inherent power - Exercise of - Conviction under 1954 Act - Appeal decided on merits and dismissed - Revision filed be..

Posted in Criminal Law |    hits

Removal

 02 December 2008

Constitution of India, Article 226 - Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 - Removal - Conductor - Breach of trust - Quantum of punishment - Writ jurisdiction - Respondent failed to issue ticke..


Freedom Fighters Pension

 02 December 2008

Swatantrata Sainik Samman Pension Scheme, Clause 2.3 - Freedom fighters pension - First respondent was neither declared a proclaimed offender nor an award for his arrest was announced or an order of detention had been issued but could not be served -..

Posted in Constitutional Law |    hits

Freedom Fighters Pension

 02 December 2008

Swatantrata Sainik Samman Pension Scheme, Clause 2.3 - Freedom fighters pension - First respondent was neither declared a proclaimed offender nor an award for his arrest was announced or an order of detention had been issued but could not be served -..


Reservation in election

 02 December 2008

Constitution of India, Article 332(3) - Uttar Pradesh Re-organization Act, 2000, Section 22 - Election - Reservation - As per census data the population of the Scheduled Tribes is 3% of the total population of Uttaranchal and - 70 Single member terri..

Posted in Constitutional Law |    hits

Discretionary Relief

 02 December 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..


Arbitration agreement against non-parties

 29 November 2008

Arbitration agreement cannot be invoked against persons not party to the agreement ..

Posted in Corporate Law |    hits

Powers of court under S. 9 Arbitration Act

 29 November 2008

Powers of court to pass interim order under S. 9 Arbitration Act, 1996..

Posted in Corporate Law |    hits

Bona fide requirement of landlord

 29 November 2008

Rent control statute permitting eviction if landlord requires the building ``for his own use'' - Expression ``for his own use'' - Reiterated, covers requirement not only of the landlord but also his son, even if there has been a family partition duri..

Posted in Property Law 1 comments |    hits