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Judgments and Orders

2 nd wife applying succession certificate

 18 December 2008

Indian Succession Act,1952 — Section 372 — Application for obtaining succession certificate thereunder — One filed by VD and other by SB — With respect to movable property of deceased — Joint trial by Trial Court — VD's application allowed and that o..

Posted in Civil Law |    hits

Divorce

 18 December 2008

HINDU MARRIAGE ACT, 1955 Section 13 Divorce — Divorce obtained on the basis of divorce deed — Allegation by wife that deed obtained coercively and by use of force — Trial Court granted decree of divorce, upheld by first appellate Court — High Cou..

Posted in Family Law |    hits

Cheating

 18 December 2008

Indian Penal Code, 1860 — Sections 406, 420, 294, 506 & 34 — Code of Criminal Procedure, 1973 — Section 200 — Negotiable Instruments Act, 1881 — Section 138 Advocates: Cases Cited: State of Haryana v. Bhajan Lal, AIR 1992 SC 604 [Para 17]..

Posted in Criminal Law |    hits

Discrimination on Entertainment Tax

 18 December 2008

Constitution of India, Article 14 - Andhra Pradesh Entertainment Tax Act, 1939 - Entertainment tax - Discrimination - Rate of tax in respect of Telgu film was fixed at 10% and that of non-Telgu film has been fixed at 24% - Classification only on the ..

Posted in Constitutional Law |    hits

Supreme Court on interpretation of Rule 67 of Companies (Cou

 18 December 2008

When Rule 67 categorically states that Summons for Directions shall be moved ex-parte, the question of prejudice or rule of natural justice does not come into play; if at the threshold stage of directions to convene a meeting of creditors and members..

Posted in Corporate Law |    hits

no obligation to have its shares listed on the Stock Exchang

 18 December 2008

It is only if a company intends to offer its shares to the public for subscription by issue of a prospectus that it must apply to the Stock Exchange for permission to list its shares in terms of section 73 of Companies Act, before issuing such a pros..

Posted in Corporate Law |    hits

Penalty only on satisfaction that is recorded

 18 December 2008

271(1)(c) penalty to levied only on recorded satisfaction in the assessment order...

Posted in Taxation |    hits

RECENT JUDGEMENT OF SC Land Acquisition Act

 18 December 2008

Direction issued by the Supreme Court u/s 4 of Land Acquisition Act..

Posted in Property Law 1 comments |    hits

Writ of Quo Warranto

 18 December 2008

W.P.No.18731 of 2008 has been filed under Article 226 of the Constitution of India for the issuance of Writ of Quo Warranto against 1st respondent requiring him to show his authority to hold the office of President, Tamil Nadu State Consumer Disputes..


Determination of business profits

 13 December 2008

Income Tax Act, 1961, Sections 72, 80AB and 80HHC - Business profit - Determination of business profits u/s 80HHC, the unabsorbed business losses of the earlier years u/s 72 of the Act are to be set off against the profits from export. (Paras 6 and ..

Posted in Corporate Law |    hits

Proof of Inheritence

 13 December 2008

(A) Hindu Law - Source of law - Customs - Custom is one of the three sources of Hindu Law - They are local customs, class customs, family customs - Custom may override a statute subject, of course, to a clear proof of usage. (Paras 9 and 10) (B)..

Posted in Family Law |    hits

Additional market value

 13 December 2008

Land Acquisition Act, 1894, Sections 23(1)(a) and 34 - Land acquisition - Additional market value - Interest - From the date of taking possession till the date of award - Land acquisition officer took possession of land on the basis of a notification..

Posted in Civil Law |    hits

Rate of tax provided under the statute

 13 December 2008

(A) Andhra Pradesh Motor Vehicles Taxation Act, 1963, Section 3 Sch. I - Levy of tax - Motor vehicles - Notification - Sustainability of - Rate of tax provided under the statute - Once the rate of tax is fixed and the same had been realized, any noti..

Posted in Civil Law |    hits

Mandamus - Fulfillment of promise

 13 December 2008

Constitution of India, Article 32 - Mandamus - Fulfillment of promise - Welfare package - For the widows of martyrs of the Kargil war - Directions substantially complied with - Writ petition disposed of. (Paras 7 and 8) ..

Posted in Constitutional Law |    hits

Declaratory Suit

 12 December 2008

Declaratory suit - Ownership, possession and title - Reversion of land - Predecessor-in-interest of the plaintiffs and defendants No. 2 acquired title in auction held in 1859 - Remained in possession - Commissioner of settlements by order dated 30.1...

Posted in Civil Law |    hits

Cruelty

 12 December 2008

Penal Code, 1860, Section 498A - Cruelty - Suicide by wife - High Court acquitting the accused u/s 304B IPC and convicted u/s 498A IPC - High Court held that there was no question of demand of dowry - Appellant was financing the father of deceased - ..

Posted in Criminal Law |    hits

Administrator

 12 December 2008

Administrator - Appointment as an administrator to be in charge of day-to-day running of the Hospital - Expressed inability to function as an administrator due to ill health - Modification sought in the order appointing 'R' Administrator as there are..


Adverse remarks

 12 December 2008

Adverse remarks - Expunging of - No allegation by anybody about any lapse in the investigation - High Court's judgment does not indicate any infirmity in the investigation - Not necessary for casting aspersion on the bona fides of the police offici..

Posted in Criminal Law |    hits

Accomodation of son is part of landlord's personal necessity

 11 December 2008

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Posted in Civil Law |    hits

Whether dealer can make adjustment while depositing tax

 11 December 2008

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Posted in Taxation |    hits







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