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Judgments and Orders

As per Rule 19 of Maharashtra Judicial Service Rule 2008 read with rule can be retired on the basis of service record provided by the Person

 24 November 2011

The Petitioner has been retired prematurely from judicial service in public interest under Rule 19 of the Maharashtra Judicial Service Rules 2008 read with subrule (4) of Rule 10 of the Maharashtra Civil Service (Pension) Rules, 1982. The Petitioner ..

Posted in Civil Law |   2983 hits

As per Circular issued on 24.11.2005 by CBDT that Accreditation is depend on the fulfillment of the condition clearly mentioned in Para 7 of the Circular

 22 November 2011

On 24 November 2005 the Central Board of Excise and Customs issued a circular providing for the introduction of a Risk Management System (RMS) with an Accredited Clients Programme (ACP) as its major component. The object of the programme is to grant ..

Posted in Taxation |   1634 hits

As per Sec 62 of Evidence Act 1872 carbon copy is Primary Evidence and rightly to be exhibited

 22 November 2011

The Petitioner is the Original Plaintiff in RAD Suit No.35 of 1998 which has been filed in the Court of Small Causes at Mumbai under Section 28 of the Bombay Rent Act, 1947. It is the case of the Plaintiff that he is the monthly tenant of the Defenda..

Posted in Property Law 2 comments |   8844 hits

Without giving opportunity of being heard penalty can not be imposed under Sec 4 of Maharashtra Feeling trees Act 1964

 22 November 2011

Both these Writ Petition challenge orders dated 10.5.2011 and 25.3.2011 respectively passed by the Dy. Tree Officer & Range Forest Officer, Sawantwadi, Dist. Sindhudurg whereby in proceedings under Section 4 of the Maharashtra Felling of Trees (Regul..

Posted in Others |   2993 hits

As per sec 11(6) of the Arbitration Act right to arbitrator is ceased after the expiry of periods only if person filed petition in the Court

 21 November 2011

In the present case, the Petitioner had first issued a legal notice to the MCD through its lawyer on 27th April 2010 in which, inter alia, the MCD was asked to appoint an Arbitrator in terms of the Agreement dated 12th October 2009 within seven days...

Posted in Corporate Law |   2933 hits

Sec 14A is applicable on all Expenditure of Investment in share of operating Company for controlling interest and new introduced rule can not be applicable on the pending proceeding

 21 November 2011

Whether expenditure (including interest paid on funds borrowed) in respect of investment in shares of operating companies for acquiring and retaining a controlling interest therein is hit by section 14A of the Income tax Act, 1961 inasmuch as the div..

Posted in Taxation |   1565 hits

A person in the select list of appointment much less than a person in the wait list and not having any indefeasible right of appointment

 21 November 2011

The facts very briefly are that the Government of India, Ministry of Law and Justice, Department of Legal Affairs, by advertisement dated 22.01.2005 invited applications for 9 vacancies in the post of Judicial Member and 13 vacancies in the post of A..

Posted in Civil Law |   2121 hits

Changes adapted in the agreement with the consent of all party can replaced the earlier clauses of the agreement

 21 November 2011

The common issue in all these matters is whether the promotional avenues and other terms of service of the pre-1997 cadre of Assistant Flight Pursers could be changed to their prejudice despite the provisions of the Air Corporation (Transfer of Under..

Posted in Civil Law |   1678 hits

Once the process for selection for admission had commenced on the basis of prospectus than no changes can be taken place by the govt notification in the Prospectus

 19 November 2011

For the sake of convenience, we shall refer to the facts from SLP(C)No.15974/2011, filed by Dr. Parmender Kumar and others. As indicated herein above, the Appellants in all these appeals are candidates for admission to the Post-Graduate Courses condu..

Posted in Civil Law |   2020 hits

If an allegation do not constitute any cognizable offence investigation cannot be permitted without an order under sec 155(2) of IPC

 19 November 2011

The substance of the accusation in the FIR is that all the accused entered into a criminal conspiracy to confer an illegal and unjust benefit on the above-mentioned private company. In the process, the accused, “intentionally and dishonestly” suppres..

Posted in Civil Law 1 comments |   2412 hits

Evidence must be shown to hold responsible a person for offence under sec 324 of IPC with aide of Sec 120B

 18 November 2011

We are concerned in this appeal only with the conviction of the appellant under Section 324 read with Section 120B of the IPC. The case of the prosecution as against the appellant, in short, is that PW-4 had purchased the said auto rickshaw from Jain..

Posted in Criminal Law |   2230 hits

Present of Arbitration clause in the Purchase Contract is enough to proof the existing of Arbitration Agreement

 18 November 2011

The petitioner supplied goods duly received by the respondent, without any demur in relation to the quantity and quality of the goods. The bills raised by the documents were accepted by the negotiating bankers. It is the case of the petitioner that i..

Posted in Corporate Law |   2541 hits

As appellant is concerned with 1981 promotion policy where mention diploma from recognized university is entitled to weightage 3 marks and appeal is allowed

 18 November 2011

The appellant, who is appearing in person, joined the service of respondent 1 in the year 1973 as a Stenographer in clerical cadre. He passed his graduation in the year 1973 from the Punjab University. He obtained Diploma in Office Organization and P..

Posted in Civil Law |   1693 hits

Passing of Interim order must be in complied with Rule 1 and 2 of the Code of Civil Procedure 1908

 18 November 2011

The Government of Maharashtra, by Resolutions dated 16.10.1970 and 18.11.1974, had granted lease of certain plots of land to the defendant-Company at Backbay Reclamation, Cuffe Parade, Mumbai, who was entitled and authorized to enter into transaction..

Posted in Corporate Law |   2390 hits

Consideration received on protest entitled to appropriate the same against interest and not treated as consent for sec 59 and 60

 17 November 2011

Being aggrieved by the steps taken by the Respondent Corporation, the Appellant filed a Petition before the Chief Justice of the Delhi High Court to appoint an Arbitrator in terms of the arbitration clause, which was registered as Arbitration Applica..

Posted in Others |   2376 hits

Remuneration paid to the partners by the firm is to be allowed subject to the condition mentioned in Sec 40(b) (i) to (v) of the Income Tax Act

 17 November 2011

The present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) has been preferred by Sood Brij & Associates, a partnership firm, consisting of two partners namely A.K. Sood and B.M. Gupta, who are practicing Chartered Accountants...

Posted in Taxation |   2540 hits

Absence from duty without prior permission except on condition beyond control will be treated as misconduct under Rule 13 of the PNB Regulation 1977

 17 November 2011

This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for issuance of a writ of Certiorari for quashing the order dated 31.1.1995 passed by the Deputy General Manager Disciplinary Authority under which..

Posted in Civil Law 1 comments |   6108 hits

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 |   1754 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 |   2863 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 |   1800 hits