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Lawyersclubindia Judiciary

Application for substitution of name be considered

 20 April 2010

Customs-Principles of Natural justice-Amendment of consignee's name in IGM-Section 30 of Chapter VI of the Customs Act-Petitioner applied to Customs Authorities to seek Amendment to the IGM so as to substitute his name as consignee in place of notifi..

Posted in Corporate Law |   1944 hits

Later judgment of SC is binding on High Courts

 10 April 2010

The assessee purchased US-64 Units of the UTI in May 1990 for Rs. 3.75 crs, received dividend thereon of Rs. 45 lakhs and sold the units in July 1990 for Rs. 3.25 crs. The assessee claimed that deduction u/s 80M was available on the dividend and tha..

Posted in Taxation |   1866 hits

Enviornmental Law should not be imposed at the cost of Publi

 02 April 2010

Environment - Pollution - Section 2(d) Environment (Protection) Act, 1986 - Dismissal of PIL filed against proposed setting-up of a project for manufacturing Poly-Vinyl Chloride (PVC) - Hence, present appeal- Whether High Court was justified in dismi..

Posted in Civil Law |   1195 hits

Mere admission of document do not means its Proof

 02 April 2010

Service - Dismissal - Principles of Natural Justice - Non-adherence thereto - Consequence thereof - Order 12, Rules 1, 2, 2A and 3A of Civil Procedure Code, 1908 - Respondent dismissed by the Disciplinary Authority on the basis of inquiry Officer's R..

Posted in Labour & Service Law |   5809 hits

Panchayat Act to be implemented with Due Care

 02 April 2010

Election - Disqualification - Section 14(1)(j)(i) of the Bombay Village Panchayat Act, 1958 (BVP Act) - Respondent No 3 elected in Panchayat Election as Sarpanch - Petitioners sought disqualification under section 14(1)(j)(i) of BVP Act of Respondent..

Posted in Civil Law |   2744 hits

In Lat Seen Cases Cedible Explanation from Accused is Must

 02 April 2010

Law of last seen evidence - Conviction on charge of Murder - Appeal against conviction on the ground of insufficient circumstantial evidence ..

Posted in Criminal Law |   1359 hits

Order of Settlement Commission if not chellenged becomes fin

 01 April 2010

Customs - Judicial proceedings- Appeal against the Order of Settlement Commissioner - Respondent's CHA licence was suspended by Commissioner on the ground that the power of attorney holder was involved in a mis-declaration of goods imported case - Se..

Posted in Criminal Law |   2709 hits

Circumstantial Evidence is Required to Proved beyond doubt

 01 April 2010

Criminal - Murder - Conviction based on Circumstantial evidence - Section 302 of Indian Penal Code, 1860 (IPC) - Accused charged for the murder of his in-laws and convicted thereof - Both Trial Court and High Court relying on the circumstantial evide..

Posted in Criminal Law |   2423 hits

Convincing Evidence is must to be brought against delinquent

 01 April 2010

Disciplinary Proceedings - Show Cause Notice proposing Punishment of removal from service - Quashing thereof sought - Notice challenged on the ground of lack of original jurisdiction in prescribing punishment, inadequate evidence - Tribunal held that..

Posted in Labour & Service Law |   1244 hits

Partition of one unit into two by tenant is sub-tenancy

 01 April 2010

Tenancy - Eviction - Subletting - Petitioner was running a restaurant at the premises of Respondent No. 3 in the ground and first floor - On inspection Respondent No. 3 found that the Petitioner's restaurant was running on ground floor only and one C..

Posted in Civil Law |   1423 hits

Liability to TDS arises only when Receipient is liable to pa

 01 April 2010

TDS - Assessee company incorporated in India, is a wholly owned subsidiary of the company incorporated in Netherlands, was engaged in the business of dredging, contracting, reclamation and marine activities - Appellant filed an application with DCIT ..

Posted in Taxation |   4199 hits

Mediation before arrest in DV/matrimonial cases

 17 March 2010

"when a complainant approaches the police station or the concerned lower courts, with complaints about harassment, or violence against the wife, by the husband and in-laws, except in cases of extremely grave nature or in cases of serious violence and..

Posted in Criminal Law |   4377 hits

M/s. Variety Entertainment Private Limited, Hyderabad

 16 March 2010

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Posted in Others |   2006 hits

Section 11B cannot be invoked in respect of the alleged misc

 11 March 2010

Company -Alleged misstatement of facts in prospectus of company and misguiding investors - Restraint order from assessing securities market - Power of SEBI to issue directions - Section 11B of the Securities and Exchange Board of India Act, 1992 - SE..

Posted in Corporate Law |   2297 hits

Law of Limitation do not give Power to Courts to cross maxim

 11 March 2010

Limitation - Application for condonation of delay - Delay condoned outside limitation period - Discretion and Power of Court - Order 41 Rule 3A of the Code of Civil Procedure read with Section 5 of the Limitation Act - Whether the Division Bench of G..

Posted in Civil Law |   2327 hits

the principle of ejusdem generis cannot be applied to make a

 11 March 2010

Service - Complaint of sexual harassment against approved teachers of Appellant college by non approved teachers - Directions issued by Respondent University freezing appointment of impugned approved teachers on recommendations of Grievance Committee..

Posted in Labour & Service Law |   4914 hits

In terminating delership, fairness is must

 11 March 2010

Commercial - Termination of dealership agreement - Validity thereof - Opportunity of hearing and sufficient notice as to proceedings not given - Whether the dealership of the Respondent No. 1 had been validly terminated in accordance with Clause 58 o..

Posted in Corporate Law |   1086 hits

A writ petition to assail the election of a person is not co

 11 March 2010

Constitution - Writ of Quo-Warranto seeking removal of elected representative from public office - Scope thereof - Representation of the People Act, 1951 - Whether a writ petition seeking to assail election of elected person and his removal from publ..

Posted in Constitutional Law |   1325 hits

Non-compliance to Procedure is Fatal

 11 March 2010

Civil - Second appeal - Non compliance with statutory requirements - No substantial question of law incorporated in grounds of appeal -Jurisdiction of Court to formulate substantial question of law in memo of appeal - Whether non-compliance with any ..

Posted in Civil Law |   1457 hits

No absorption in Permanent employment can be made under ID A

 11 March 2010

Food Corporation of India v. Central Government Industrial Tribunal and Ors (Decided on 25.02.2009) MANU/WB/0336/2009 Labour and Industrial - Regularization of casual workers in service - Award by Tribunal - Challenge thereto vide writ petition - ..

Posted in Labour & Service Law |   2340 hits