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Judgments and Orders

Practical experience always a sure guide to assess the suitability for vacancy

 17 November 2011

That the petitioner was vide letter dated 05.07.1993 of the respondent No.3 School, then an unaided recognized school, appointed as an Assistant Teacher on probation for two years; that she was vide letter dated 20.07.1995 of the respondent No.3 Scho..

Posted in Civil Law |   1738 hits

On the basis of Fundamental rights and interest of justice cases fall under section 302 IPC can be transfer to Crime Branch

 17 November 2011

The present case relates to the unfortunate offence of murder of the Petitioner’s son at around 9.30 p.m. on 5th May, 2011 near C-5, Gali No. 2, Vasant Kunj. The deceased had four stab wounds besides abrasions on the arm and the knees. A perusal of t..

Posted in Criminal Law |   2838 hits

Expenditure on Software and Professional fees cannot disallowed as per the IT Act 1961 only on the ground that it was treated differently in the book

 16 November 2011

Two appeals had been filed by the revenue, while the third appeal had been filed by the assessee. The revenue had filed appeals for both the assessment years, i.e., 1997-98 and 1998-99, while the assessee had filed an appeal only qua assessment year ..

Posted in Taxation |   1780 hits

As per sec 10 of Special Court Act 1992 securities un registered disclosed in the Custodian cannot be allowed to be Registered in the name of the Custodian

 16 November 2011

The appellants, one late Harshad S. Mehta, their other family members and the corporate entities belonging to the family members had purchased more than 90 lakh shares in Apollo. Except for the holding of two family members, the entire holding came..

Posted in Corporate Law |   1606 hits

If the relatives are belong to the ST than no body can deprive from the same benefit only in the absence of his personal document

 16 November 2011

The appellant, who holds a degree of Bachelor of Engineering (BE), was appointed as a field officer by the Maharashtra Pollution Control Board, respondent No.2 herein, against a post reserved for “Scheduled Tribe”, on probation with effect from 16th..

Posted in Constitutional Law |   4955 hits

As per Section 2(c) of the Contempt of Court Act 1971 defines Criminal Contempt as doing anything prejudice or intends to interfere of any judicial proceeding

 16 November 2011

the facts giving rise to the present appeals are that the appellant applied on 16th of April, 2003 for grant of mining lease for iron ore over an area of 350 acres in Yeshawanthnagar Range of the Kumarswamy Reserve Forest Area within Sandur Taluk in ..

Posted in Criminal Law |   2601 hits

Qualified candidates in waiting list for vacant seats should be given first preference or further counseling will be made for proper selection

 16 November 2011

The appellant – Orissa Private Medical and Dental Colleges Association in this appeal is impugning the Judgment and Order passed by Orissa High Court in W.A. No. 429 of 2011 dated 07.09.2011. The main issue in the judgment is the selection for the av..

Posted in Others |   2567 hits

Freight received in excess should be returned to the person received from otherwise interest liability will raise

 16 November 2011

We shall be referring to the parties as per their description in the plaint.Plaintiff (respondent No.1) sought RFA(OS) 12/1997 decree in sum of `7,43,568.88 alleging that M/s.Freight Wings and Travels Pvt. Ltd., defendant No.2, M/s.Daga Air Agents, ..

Posted in Corporate Law |   1670 hits

As per Sec 15 Tax Shall not be levied more than one stage unless the condition fulfilled mention in Section 5A of the State Act

 14 November 2011

Whether under the Bengal Finance (Sales Tax) Act, 1941 as extended to the Union Territory of Delhi, the tax imposed on cotton yarn without fixing the stage of imposition is in conformity with the provisions of Section 15 of the Central Sale Tax Act, ..

Posted in Taxation |   1494 hits

As per sec 297(2)(g) of IT Act !961 proceeding completed before April 1962 is to be dealt with under the old provision

 14 November 2011

The High Court, vide its impugned Judgment and Order dated 25.07.2005, has declared that Section 87(m)(ii) (b) of Finance (No.2) Act, 1998 is violative of Article 14 of the Constitution of India insofar as it seeks to deny the benefit of the ‘Kar Viv..

Posted in Property Law |   1851 hits

Food corporation of India can not be covered by the definition of Sec 3 (1) of the Companies Act. and the acquisition can not be consider acquisition for purpose of Company

 14 November 2011

On the requisition of Cholan Roadways Corporation Limited, Kumbakonam (for short, ‘the Corporation’) for making available land for expansion of their depot, particularly for a workshop, at Chidambaram, the State Government of Tamil Nadu (for short, ‘..

Posted in Property Law |   2478 hits

As per the MV Act 1988 Compensation should be adequate to restore the claimant to the position prior to the accident

 14 November 2011

The petition filed by him under Section 166 of the Motor Vehicles Act, 1988 on the question of the amount of compensation and as per the Motor Vehicles Act 1988 the compensation should be adequate to restore the claimant in the position prior to the ..

Posted in Others 1 comments |   4949 hits

Excess payments made due to wrong pay fixation shall not be recovered from the employee

 09 November 2011

The excess amount paid to the employees due to erroneous pay fixation done by the authorities shall not be recovered from the employees...

Posted in Labour & Service Law 4 comments |   31464 hits

Stamp duty used while VRS employees is duductible as Revenue Expenses

 09 November 2011

Assessing Officer noticed that the assessee has claimed deduction of Rs. 1,00,83,271 on the new method which was not allowed by the Assessing Officer in full. The view taken by the AO was upheld by the first appellate authority. Similar issue in asse..

Posted in Taxation |   1849 hits

Succession

 09 November 2011

Hindu Succession - Coparcenary property - Daughter..

Posted in Property Law 1 comments |   3684 hits

Non pecuniary damages also to be calculated in case of petition filed under section 166 of Motor Vehicles Act 1988

 09 November 2011

The appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, `the Act’) and claimed compensation of Rs.3,00,000/- with interest and cost. He pleaded that the accident was caused due to rash and negligent driving of the..

Posted in Others |   2207 hits

As per the Arbitral Act 1940 Arbitral Proceeding can be initiated even after received payment of preparation of bill in case of any question of law

 09 November 2011

Notice to make the arbitral award dated 15.9.1998 “rule of the court” was issued on 22.2.1999. In March, 1999, the respondents were served with the said notice. On 21.12.1999, the Government Pleader entered appearance on behalf of the respondents, an..

Posted in Civil Law 1 comments |   1739 hits

As per the evidence Act 1872 absence of evidence make the appeal dismiss

 09 November 2011

Will made by the deceased is manipulated by the Appellant and Respondent with the intention to capture the portion of the other's in this regard the others challenged and in the absence of any proper proof the appellant failed to successeed ..

Posted in Property Law |   2117 hits

Interest received on FDR for letter of Credit related to business is to be taken in consideration for calculating deduction u/s 80HHC of IT Act 1961

 07 November 2011

For claiming deduction under section 80HHC of the IT Act 1961 interest received from FDR is need to be excluded from the business income subject to the condition that the FDR is not related to the Business. ..

Posted in Taxation |   2198 hits

Due of subscription as per rule 40 of member of State Bar Council restricted him to be part in the Electoral Role and election become invalid in case less than ten vote is communicated

 07 November 2011

The facts very briefly are that for elections to the Bar Council of Maharashtra and Goa (for short ‘the State Bar Council’), Electoral Roll was prepared in which the names of the Advocates on the roll of the State Bar Council who had not paid the sub..

Posted in Constitutional Law 1 comments |   2713 hits







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