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Judgments and Orders

Employees engaged by Contractor have no connection with Principal employer

 21 December 2010

Definition of "employee"- whether a workman employed by the contractor was a workman of the principal employer. ..

Posted in Labour & Service Law |   4199 hits

The claim of the Person purchased property by Paying Amount should not be disturbed

 21 December 2010

Owner of Property - Determination thereof - Power of Appellate Court to interfere with the findings of Trial Court - Whether Plaintiff was the owner of the subject property and consequently his father was incompetent to enter into an agreement to sel..

Posted in Property Law |   2240 hits

Mere disheritance of one or more legal heirs does not cast doubt on the veracity of execution of Wil

 21 December 2010

Whether disheritance of one or more legal heirs cast doubt on the veracity of the execution of the Will ..

Posted in Property Law |   2340 hits

No Reason to Interfere by Appellate Court if order i not perverse

 21 December 2010

Rejection of Tribe Claim by The Scheduled Tribe Certificate Scrutiny Committee ..

Posted in Constitutional Law |   1663 hits

The gudwill of the Name of Product Should be Restrained to be Used by some Other Person

 21 December 2010

Trademarks- Passing of Goods ..

Posted in Corporate Law |   1799 hits

No one can claim as a matter of legal right to be given a particular security cover.

 21 December 2010

Up gradation of the security cover & the role of Couts ..

Posted in Constitutional Law |   1732 hits

Obtaining Service by Forged Caste Certificate is liable to be termination

 21 December 2010

The applicant, an ex-Postal Assistant under the Union Department of Posts, Ministry of Communication & IT, was dismissed on charges of obtaining appointment under the Scheduled Tribe category by a false declaration and submitting a forged certificate..

Posted in Labour & Service Law |   2872 hits

CBI into what has been termed as 2G Spectrum Scam for unearthing the role of Resp. No.5-Sh A. Raja

 18 December 2010

After issue of notice by this Court on 13.9.2010, the parties have filed affidavits and large number of documents including performance audit report (draft and final) prepared by the Comptroller and Auditor General of India (CAG) on the issue of lice..

Posted in Others |   2281 hits

Order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)

 18 December 2010

The facts may be stated in brief here. M/s. Parle Bisleri Pvt., the appellant, manufactures soft drink flavours which are assigned ‘code names’, namely G-44T, L-33A, T-11PC, T-11P, R-66M, K- 55T and L-22L. During the period from years 89-90 to 93-94,..

Posted in Others |   4933 hits

Crude Palm Stearin falling under Ch. Sub Heading No. 15 11 90 90 of the Customs Tariff Act, 1975

 18 December 2010

The brief facts which give rise to the aforesaid issue are that the Respondent imported Crude Palm Stearin through Kakinada Port and filed Bills of Entry declaring the goods as industrial grade Crude Palm Stearin falling under Ch. Sub Heading No. 15 ..

Posted in Taxation |   2839 hits

Section 2(1)(d)(ii) of The Consumer Protection Act, 1986

 18 December 2010

This appeal is filed against the judgment passed by National Consumer Disputes Redressal Commission (hereinafter called ‘the National Commission” for short), allowing the First Appeal filed by the respondent herein holding that the complaint filed by..

Posted in Others |   6112 hits

Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988

 18 December 2010

This appeal is directed against the judgment of the Madras High Court, Madurai Bench dated 7th March, 2007 in Criminal Appeal (MD) No.821 of 1999 by which the High Court affirmed the conviction and sentence recorded by the learned Special Judge-cum-A..

Posted in Criminal Law |   6302 hits

State of Maharashtra & Ors Versus Sarangdharsingh Shivdassingh Chavan & Anr

 18 December 2010

A writ petition was filed before Bombay High Court by Sarangdharsingh Shivdassingh Chavan – the first respondent in this appeal. He described himself as an agriculturist by profession. The allegation in the writ petition is of illegal money lending a..

Posted in Others |   2170 hits

Rule 3(1)(a) of Maharashtra Local Authority Members Disqualification Rules, 1987

 18 December 2010

These appeals are directed against common judgment dated February 4, 2010 rendered by the Division Bench of High Court of Judicature at Bombay in Writ Petition Nos. 964 of 2006 to 968 of 2006 and Writ Petition No. 971 of 2010 by which the order dated..

Posted in Constitutional Law |   5055 hits

Naseem Ahmad & Ors. Versus State of U.P. & Anr.

 15 December 2010

This appeal is directed against the judgment and final order dated 08.08.2007 passed by the High Court of Judicature at Allahabad in Special Appeal No. 1004 of 2007 whereby the High Court dismissed the appeal and upheld the order dated 19.09.2003 pas..

Posted in Others |   2481 hits

Chapter Sub-Headings 2001.10 and 1904.10 of the Central Excise Tariff Act, 1985

 15 December 2010

The material facts are that the respondentassessee, M/s. Pepsi Foods Ltd. is engaged, inter alia, in the manufacture of edibles, marketed under the names of Potato Chips, Baked Cheetos Balls, Monster Munch, etc. These are covered under Chapter Sub-He..

Posted in Taxation |   3426 hits

Raja Khan versus U.P. Sunni Central Waqf Board & Anr

 15 December 2010

The Allahabad High Court has had a glorious history having produced great lawyers who were leaders in the Independence struggle. It is the largest High Court in India, and often gives leadership to all the High Courts in the country. There have been ..

Posted in Others |   2507 hits

Section 19 of the Prevention of Corruption Act, 1988

 15 December 2010

The question raised in this appeal, by special leave, is as regards the extent of power vested in the Government in reviewing its order granting or refusing sanction to prosecute the public servant in terms of Section 19 of the Prevention of Corrupti..

Posted in Others |   8203 hits

The Customs Act, 1962 for release of the goods seized from the possession of the respondent

 15 December 2010

This appeal is by the Revenue against the Order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, West Zonal Branch at Mumbai [hereinafter referred to as ‘Tribunal’] in Appeal No.C/138/03 Mum dated 23.06.2003. By the impugned order..

Posted in Taxation |   5148 hits

Raj Kishore (Dead) By Lrs. Versus Prem Singh & Ors.

 15 December 2010

This appeal by special appeal arises out of a judgment and order dated 25th February, 2003, passed by the High Court of Madhya Pradesh at Jabalpur, Gwalior Bench, whereby Second Appeal No.230 of 1995 filed by the appellants-plaintiffs was allowed but..

Posted in Others |   2910 hits