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Lawyersclubindia Judiciary

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 |   1212 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 |   1273 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 |   1834 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 |   1452 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 |   1471 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 |   1984 hits

Balathandayutham and another Versus Ezhilarasan

 26 April 2010

The material facts of the case are: Late Mr. M. Ramachandran, the father of the 1st appellant as also of the plaintiff-respondent, had three sons, namely, Balathandayutham (1st appellant), Ezhilarasan (plaintiff-respondent) and one Gnanavoli and two ..

Posted in Others |   1351 hits

Jindal Stainless Ltd. & Anr. versus State of Haryana & Ors

 26 April 2010

On 18th December, 2008, when some of the cases in the present batch came for hearing before a Division Bench of this Court to which one of us, Kapadia, J., was a party, the Division Bench of this Court found that some of the High Courts before which ..

Posted in Others |   1891 hits

M/s. Jai Vijai Metal Udyog Pvt. Ltd. Industrial Estate, Vara

 26 April 2010

The Dealer, incorporated as a private limited company, is engaged in the manufacture of aluminium ‘properzi’ redraw rods from aluminium ingots. The word ‘properzi’ is the name of the person who had invented the process of manufacturing redraw rods. A..

Posted in Others |   1425 hits

Ramkrishna Urban Cooperative Vs Shri Rajendra Bhagchand Warm

 26 April 2010

Present applicant has filed private complaint alleging that the complainant is a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960. It is doing banking business. The respondent for his business had taken loan of Rs...

Posted in Criminal Law |   1923 hits

Trial inside Jail is not violative of sectin 327 Cr. P. C.

 21 April 2010

Criminal - Right to Trial in open Court - Section 327 of Code of Criminal Procedure 1973, (Cr.P.C.) - Whether the decision of the High Court to hold trial of the Appellant in Jail violative of Section 327 of the Cr.P.C. ? ..

Posted in Criminal Law |   1935 hits

Trial Inside Jail is not against section 465 Cr. PC

 21 April 2010

Criminal - Shifting of Venue of Trial - Section 465 of Code of Criminal Procedure, 1973 - Whether the notification empowering a Sessions Court to hold trial inside the jail is outside the purview of Section 465 of the Code ? ..

Posted in Criminal Law |   1713 hits

Article 14 will have no application where the persons are not

 21 April 2010

Whether there is Discrimination against vis-à-vis the employees of the Government of India in the matter of Payment of Gratuity and claim that the ordinance amending the Gratuity Act w.e.f. 24th September 1997 instead of w.e.f. 1st April, 1995 (w.e.f..

Posted in Labour & Service Law |   1326 hits

TDS should be calculated properly

 21 April 2010

Direct taxation - Chargeability of Income - Credit of TDS - Assessee, clearing and forwarding agent - Filed income tax return and was accepted under Section 143(1)(a)- Due to some discrepancy in total gross receipts as per TDS certificate and that sh..

Posted in Taxation |   1529 hits

Jessica Lal - Manu Sharma - SC Judgment

 21 April 2010

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Posted in Criminal Law |   6704 hits

The Amravati District Central Co-operative Bank Ltd. Vs. Un

 20 April 2010

In pursuance of a Banker’s Indemnity Insurance Proposal dated 1.7.1976 from the appellant (‘Bank’), the respondent (‘Insurer’) issued a Renewal Insurance Policy covering the period 1.7.1976 to 1.7.1977. The policy indemnified and insured the Bank aga..

Posted in Corporate Law |   3221 hits

Granting parity in pay scale depends upon comparative job ev

 20 April 2010

Service - Pay Scale - Parity - Claim of - West Bengal Services Revision of Pay and Allowances Rules, 1981 - Respondent holding post of Inspector Agricultural Minimum Wages (AMW), claimed parity in pay scale with posts of Inspector (Cooperative Societ..

Posted in Labour & Service Law |   2658 hits

Domestic Violance cannot be established after a long gap

 20 April 2010

Criminal - Economic abuse as Domestic Violence - Validity of - Sections3, 12, 19, 20 and 27 Protection of Women from Domestic Violence Act, 2005 - Complaint filed by Respondents after 15 years Respondents on ground of cruelty and desertion since last..

Posted in Criminal Law |   2063 hits

Non-constitution of standing committee shall not extend its

 20 April 2010

Election - Standing Committee - Expiration of term - Sections 20, 20(3), 20(4) and 31 of Bombay Provincial Municipal Corporations Act,1949 - Whether the term of one ­half members (eight in numbers) of the present Standing Committee of the Nashik Muni..

Posted in Constitutional Law |   1150 hits

Waehouse charges are to be cleared till custom clearance

 20 April 2010

Customs - Writ Petition - Demand- Demurrage charges - Consignment was stored at the warehouse of Respondent-Delay in removal of consignment was because of delay in assessment by Customs Authority- Hence, petitioner sort for waiver the warehouse charg..

Posted in Corporate Law |   1322 hits