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Others Judgments and Orders

Culpable Homicide amounting to Murder

 23 July 2018

The accused, with the intention of killing B, gave him some dessert (Halva) mixed with poison. B ate a portion of halva and threw the rest, which was then picked up by a girl, C who further ate it and gave the rest to another kid. Both the kids died ..

Posted in Others |   8395 hits

Crime Against Body - Extortion

 21 July 2018

The case was filed before the Sessions Judge of Allahabad by the father (Chauhan) of the kidnapped (Om Prakash) after the death of his son. The son was taken by the two accused Ram Chandra(25 year old man) and Ram Bharosey(49 years old clerk) with th..

Posted in Others |   2264 hits

M.P. Sharma and others v Satish Chandra

 20 July 2018

"This has to be cleared, or we cannot move further", etched the news papers on fifteenth day of March in 1954. The Dalmia Group owned in the name - Ms Dalmia Jain Airways Ltd had been squared by the investigating agencies, two yrs after it had liquid..

Posted in Others |   9065 hits

Landmark passing off case on Trademarks - Yahoo Inc vs Akash Arora

 05 July 2018

A landmark judgment in the IP rights field by the Delhi High Court on one of the most famous cases in India whereby, the defendant Akash Arora started providing like webbed services in the name of Yahoo India, which was found to be violative of the T..

Posted in Others |   4884 hits

Landmark case of Hussanaira Khatoon Vs St. of Bihar on the Writ of Habeas Corpus

 27 June 2018

The two masters of law, Justice Bhagwati and Justice Desai, ordered the release of a huge number of Under-trials who have been behind the bars for periods more than the maximum period that could be awarded for the crimes they had been charged with. R..

Posted in Others |   2215 hits

Consumer Forum Slaps a fine of Rs 10,000/- to Consumer

 15 November 2017

On 30/10/2017 The District Consumer Forum Warangal passed an interesting judgment in the case CC/4/2017 (Ravichandra. D Vs Samsung Electronics). The DCF Warangal passed the above Judgment directing the Complainant (i.e) Consumer to pay Rs10,000..

Posted in Others |  6 comments |   3294 hits

Treatise on law of terms of contract of appointment

 03 January 2017

The Educational Appellate Tribunal under Karnataka Education Act 1983 in my considered opinion is well within its jurisdiction to declare the terms and condition No 3 in the appointment order as void illegal and unenforceable in an application filed ..

Posted in Others |   4400 hits

Bombay High Court Judgement

 15 June 2016

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Posted in Others |  3 comments |   10237 hits

Rate of interest on delayed payment of duty as applicable during the impugned period - Issues therein

 17 May 2016

The Hon’ble CESTAT, Chennai held as under: - The Adjudicating Authority had rightly computed the interest amount from the due date till the date of payment in respect of demand for the month of January, 2011, by working out interest at 13% up to M..

Posted in Others |  2 comments |   6577 hits

1 year time limit to claim refund under Rule 5 of CCR reckoned from the date of receipt of export proceeds and not from date of export of services

 04 May 2016

The Hon’ble CESTAT, Bangalore held that although there is no specific 'relevant date' under Section 11B of the Excise Act to claimrefund of unutilized credit, but, that would not rule out applicability of Section 11B. Relevant date should be the date..

Posted in Others |  3 comments |   4913 hits

Rebate of Excise duty admissible on both inputs & final products

 04 May 2016

Hon’ble Apex Court held that it cannot be the intention of the Legislature to provide rebate only on one item i.e. either on inputs or final products. It was further held that giving such restrictive meaning to Rule 18 of the Excise Rules would not o..

Posted in Others |   4661 hits

Sodexo Meal Vouchers are not 'goods' within the meaning of Section 2(25) of the Act and, therefore, not liable for either Octroi or LBT

 18 December 2015

We are of the opinion that the judgment of the High Court has not discussed and decided the issue correctly and warrants interference. We, thus, allow these appeals and set aside the judgment of the High Court by holding that Sodexo Meal Vouchers are..

Posted in Others |   6086 hits

NJAC out after SC strikes down 99th Constitutional Amendment

 16 October 2015

The collegium system of judicial appointments is here to stay. The Supreme Court today declared the National Judicial Appointments Commission (NJAC), and the Constitutional amendments involved, to be in violation of the Constitution of India...

Posted in Others |  14 comments |   5461 hits

Stamp Act applicable to State of M. P. (Stamp Duty on POA when given to Non-Relative)

 13 August 2015

Judgement of Hon’ble Mr. Lodha (J) & Mr. Gokhale (J) in Civil Appeal No. 684/2004 State of MP v/s Rakesh Kohli delivered on May 11, 2012 w.r.t. Stamp Act applicable to State of M. P. (Stamp Duty on POA when given to Non-Relative)..

Posted in Others |  2 comments |   7030 hits

Urgent need for measures to checkmate prejudice to large sections of general public

 22 July 2015

Judgments of the higher court/s and/or the Apex Court are either per incuriam and/or stare-decisis and/or against the doctrine of Pith N Substance and/or Ultra Vires and/or otherwise untenable looking to the ground realities. Such judgments remain ..

Posted in Others |  2 comments |   5178 hits

SC: Guidelines for govt. ads

 15 May 2015

The Supreme Court bench comprising of Justices Ranjan Gogoi and Pinaki Chandra Ghose prescribed detailed guidelines on the issuing of government advertisements. ..

Posted in Others |  8 comments |   8122 hits

SC: Dishonour of cheque

 01 May 2015

The Supreme Court bench comprising of Justices J. Chelameswar and Pinaki Chandra Ghose held that the printed date on the cheque, in absence of any other evidence, cannot be conclusive of the fact that the cheque was issued on that particular date. ..

Posted in Others |  22 comments |   13898 hits

Whether levy of service-tax on Advocates is Constitutional – Article 19(1)(g)

 22 December 2014

The Petitioner is an Indian citizen and a practicing Advocate. He claims to be affected by the levy of Service Tax on Advocates. It is the case of the Petitioner that section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 200..

Posted in Others |  12 comments |   9578 hits

Whether capital receipts received by an assessee on issue of equity shares to its non-resident holding entity and the short-fall between fair market price and issue price of its equity shares can b

 13 October 2014

The Petitioner, Vodafone India Services Pvt. Ltd., is a wholly owned subsidiary of a non-resident company, Vodafone Tele-Services (India) Holdings Limited (the holding company). In AY 2009-10,the Petitioner issued equity shares on a premium to its ho..

Posted in Others |  1 comments |   5207 hits

CCI imposes penalty on Super Cassettes Industries Ltd. for abuse of dominant position

 06 October 2014

The Competition Commission of India held Super Cassettes Industries Limited in contravention of the provisions of section 4(2)(a)(i) of the Competition Act, 2002 for imposing unfair conditions of Minimum Commitment Charges (MCC) upon the private FM S..

Posted in Others |   4260 hits