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Judgments and Orders

Tirumala Tirupathi Devasthanam Act, 1932 (in short `TTD Act')

 05 April 2011

This appeal by special leave is directed against the judgment of the High Court of Andhra Pradesh at Hyderabad rendered in Writ Petition No. 24124 of 2009 dated 28th April, 2010 whereby the High Court set aside the extension granted to the appellant ..

Posted in Others |   7576 hits

Arbitration and Conciliation Act, 1996

 05 April 2011

The second respondent (referred to as the `Developer') entered into a development agreement with the owners of certain lands at Bachupally village, Qutubullapur Mandal, Ranga Reddy District, for constructing independent houses and multistoried Apartm..

Posted in Corporate Law |   2551 hits

Section 29(7) of the Rajasthan Sales Tax Act, 1994

 05 April 2011

This appeal is directed against the judgment and order dated 03.05.2010 passed by the Rajasthan High Court, Jodhpur Bench, in S.B. Civil [Sales- Tax] Revision No. 74 of 2010, whereby the High Court dismissed the said Revision Petition preferred by th..

Posted in Taxation |   2623 hits

Section 302 Indian Penal Code

 05 April 2011

If ever there was a case which cried out for death penalty it is this one, but it is deeply regrettable that not only was no such penalty imposed but not 2even a charge under Section 302 IPC was framed against the accused by the Courts..

Posted in Criminal Law |   3224 hits

HC took suo motu action on basis of some information which has not been disclosed in impugned order

 05 April 2011

The High Court took suo motu action on the basis of some information which has not been disclosed in the impugned order. The cause title in the impugned judgment reads: "Court on its own motion vs. State of Maharashtra through its Secretary, Educatio..

Posted in Others |   2829 hits

Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988

 05 April 2011

This appeal is directed against the impugned judgment and order dated 12.07.2010 passed by the High Court of Kerala at Ernakulam in Criminal R.P. No. 1606 of 2010 whereby the High Court dismissed the petition filed by the appellant herein seeking dis..

Posted in Criminal Law |   5232 hits

Specific Performance

 01 April 2011

Bench: S Mukhopadhya, F M I Kalifulla..

Posted in Civil Law |   2695 hits

Section 29A of the Representation of the People Act, 1951

 28 March 2011

The common challenge in these eleven Writ Petitions and three Special Leave Petitions is to the provisions of Paragraph 6A(i) & (ii), Paragraph 6B(A)(ii), Paragraph 9(a) and (b), Paragraphs 10A, 11, 12(1)(c) and Paragraph 12(3)(a) of the Election Sym..

Posted in Others |   3529 hits

Section 302 read with Section 120-B IPC

 28 March 2011

This appeal has been preferred by the State of Madhya Pradesh against the judgment and order dated 31.3.2004 passed by the High Court of Madhya Pradesh at Jabalpur (Gwalior Bench) in Criminal Appeal No. 262 of 1997, reversing the judgment and order d..

Posted in Criminal Law |   4317 hits

Rule 57G read with Rule 57B of the Central Excise Rules 1944

 28 March 2011

The issue that falls for consideration in these appeals is whether the appellants are entitled to credit of duty paid on High Speed Diesel oil at any time during the period commencing on and from 16th March, 1995 and ending with the day of Finance Ac..

Posted in Taxation |   4767 hits

Sections of the Indian Penal Code (in short `the IPC'), the Code of Criminal Procedure, 1973

 28 March 2011

These appeals are filed against the common final judgment and order dated 23.07.2008 passed by the Division Bench of the High Court of Bombay in Criminal Appeal Nos. 476, 603 and 681 of 2006 whereby the High Court allowed the appeals and reversed the..

Posted in Criminal Law |   3875 hits

Section 302/34 and 201 of the Indian Penal Code

 28 March 2011

Deceased Laxmibai was married to the appellant about three years prior to the occurrence. She was residing with the appellant and his parents. In the early hours of 26th June, 1984, her dead body was found in a well close to their residence. A report..

Posted in Criminal Law |   4188 hits

Sales tax at the rate of 10% and not 16%

 28 March 2011

In appeals arising out of SLP (C) Nos. 11358 of 2008 and 15883 of 2008 the issue which falls for our consideration is as to whether Jaljira which is a product manufactured by the respondent herein is only an appetizer and is not a masala and therefor..

Posted in Taxation |   2026 hits

FIR 362 under Section 325/34 IPC

 28 March 2011

Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment of the High Court of Delhi dated 31.07.2006. The facts have been given in the impugned judgment and hence we are not repeating the same here, except where..

Posted in Criminal Law |   5133 hits

Sections 120B, 392, 333 and 411 IPC

 28 March 2011

It is the case of the prosecution that Santosh Kumar Jaiswal (A1) had fired 2 bullets from his service revolver, Neeraj Kumar, SI (A4) fired 2 bullets from his revolver; Chandra Mohan Singh Rawat (A6) fired 6 bullets from his pistol; Gopal Dutt Bhatt..

Posted in Criminal Law |   3578 hits

Section 120B, 364, 302, 201 IPC

 28 March 2011

In all the appeals, the original complainant has challenged the separate orders passed by the High Court of Uttarakhand at Nainital in Bail Application No.70 of 2010 in SLP(Crl.)No.3520 of 2010, Bail Application No.73 of 2010 in SLP(Crl.)No.3573 of 2..

Posted in Criminal Law |   4027 hits

Judgment of the Delhi High Court in CIT Vs. Mandalay Investment Pvt. Ltd.

 28 March 2011

During the assessment year 1997-98 the assessee received `50,00,000/- (Rupees Fifty Lakhs only) from Ranbaxy as non-competition fee. The said amount was paid by Ranbaxy under an agreement dated 31.3.1997. Assessee is a part of Gufic Group. Assessee a..

Posted in Taxation |   2538 hits

Rule 27(c) of the Kerala State and Subordinate Services Rules, 1959

 28 March 2011

Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment/order of the Full Bench of the High Court of Kerala at Ernakulam dated 24th May, 2006 passed in Writ Appeal No. 1774 of 2003. By that judgment the writ ap..

Posted in Others |   8477 hits

Article 320(3)(c) of the Constitution of India

 28 March 2011

This Appeal has been filed against the impugned judgment and order dated 25th April, 2005 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.7201 of 2005. It appears that the respondent had been charge sheeted for absenc..

Posted in Constitutional Law |   4442 hits

Section 29 of the State Financial Corporations Act, 1951

 21 March 2011

The Kerala Financial Corporation (in short "the KFC"), a Public Sector Undertaking, is a State Financial Corporation. On 24.10.1977, a loan of Rs.50 lakhs was sanctioned by the KFC to a firm called Cable India (hereinafter referred to as "the Firm") ..

Posted in Others |   3455 hits