Complaint on dishonour of cheque – Burden of proof - Reversal of a judgment of acquittal passed by the learned Trial Judge in favour of the appellant - The criminal court while appreciating the evidence brought on record may have to weigh the entire ..
Hindu Marriage Act, 1955 – Section 13 (ia) & 28 of the – Cruelty – Divorce - To constitute cruelty, the conduct complained of should be "grave and weighty" so as to come to the conclusion that the petitioner spouse cannot be reasonably expected to li..
The concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system etc. etc. What may be mental cruelty now may not remain a mental cruelty ..
Effect of a dispute raised after about 8 years was also not considered. It is not in dispute that the Labour Court cannot refuse to answer the reference because of delayed approach. But it can certainly modulate the relief...
Labour Court and the High Court have held that self employment is not gainful employment - Whether running a small Betel Shop can be said to be gainful employment ..
Industrial Disputes Act, 1947 – Section 2(s) – Workman - Peon attached to the Public Prosecutor - For bringing in application of Section 2(s) of the Act, the workman must be employed in an industry. The Law department can, by no stretch of imaginatio..
So far as delay in seeking the reference is concerned, no formula of universal application can be laid down. It would depend on facts of each individual case ..
An employee, was entitled to pension provided he has completed the specified period of service. How such a period of service would be computed is a matter which is governed by the statute. It is one thing to say that a statute provides for completion..
Hindu Succession Act, 1956 - Section 14(1) - the necessity to have a fixed term of management for the purpose of running the temple in question has been accepted by the family for a long time..
Maharashtra Rent Control Act, 1999 – Section 3(1)(b) – Applicability of the Rent Act –Paid up share capital of a Company - Jurisdictional fact and adjudicatory fact - The fact or facts upon which the jurisdiction of a Court, a Tribunal or an Authorit..
The theory of lifting the corporate veil has been accepted in certain circumstances which have already been referred by this Court in a series of decisions. However, so far as this case is concerned, as per the finding of fact recorded by the appella..
Adoption of two different values for the same goods for the purpose of charging duty of customs under Section 12 of the Act and Section 3 of the Customs Tariff Act, 1975 is not only unprecedented but also patently illegal..
It was agreed to by the petitioner only on the representation made by the alleged contemnors that they would furnish a bank guarantee provided an order is passed in that behalf by the learned Arbitrator - The fact that the learne..
The power exercised by the Chief Justice of the High Court or the Chief Justice of India under Section 11(6) of the Act is not an administrative power. It is a judicial power. ..
There is no proposition that the courts could be slow to interfere with the arbitrator’s Award, even if the conclusions are perverse, and even when the very basis of the Arbitrator’s award is wrong..
there was no question of applying the principle of sub silentio when the terms and conditions were well known and clearly understood between the parties. More so, the modvat credit is available in order to avoid double taxation on the papers..
Once it is found that all the procedural requirements have been complied with, the Courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee. The Superior Courts only in some cases may invoke the d..
The assessee-company had borrowed foreign currency loan from IDBI which in turn was refinanced by the foreign company. It paid commitment charges and finance charges to the said foreign company. The questions that arose for consideration were as to (..
The Appellate Court, however, while suspending the sentence, was entitled to put the appellant on terms. However, no such term could be put as a condition precedent for entertaining the appeal which is a constitutional and statutory right..
it is clear that for the purpose of deciding whether facts averred by the petitionerappellant, would or would not constitute a part of cause of action, one has to consider whether such fact constitutes a material, essential, or integral part of the ..
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