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Judgments and Orders

National Rural Employment Guarantee Act, 2005

 23 December 2010

The framers of the Constitution, in the Preamble to the Constitution, guaranteed to secure its citizens justice, social, economic and political as well as equality of status and opportunity but the ‘right to employment’ was not incorporated in Part I..

Posted in Others |   2779 hits

Whether MAT credit admissible in terms of Section 115JAA

 23 December 2010

The issue involved in this batch of civil appeals, by special leave, filed by the Department relates to the question whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating ..

Posted in Taxation |   2343 hits

Civil appeal, filed under Section 35(L)(b) of the Central Excise Act, 1944

 23 December 2010

Shorn of unnecessary details, the facts material for the adjudication of the present appeal may be stated as under: The respondent (hereinafter referred to as “the assessee”), a small scale industrial unit (for short “SSI”), is engaged in the manufac..

Posted in Taxation |   2456 hits

Section 302/34 of the IPC and as they pleaded not guilty, they were brought to trial

 23 December 2010

The prosecution in support of its case relied primarily on the evidence of PW1 Prem Pal, PW-5 Kalu and PW-6 Jagdish, PW-2 Dr. M.K.Goel, who had conducted the autopsy on the dead body, and of PW-7 Sub-Inspector Hari Raj Singh, the main investigating o..

Posted in Criminal Law |   2599 hits

Section Crl.Appeal No.310/2006 etc. 302 and 307 of the IPC

 23 December 2010

The prosecution in support of its case, examined three eye witnesses, Sharafat Husain PW-1, Firasat Husain PW-2 and Summeri PW-3, Dr. J.N. Bhargava, PW-4 who had examined Firasat Husain for his injuries, Dr. K.S. Tiwari, PW- 5 who had conducted the a..

Posted in Criminal Law |   1986 hits

Punjab Security of Land Tenures Act, 1953

 23 December 2010

This is an appeal against the order dated 04.03.2002 of the Division Bench of the High Court of Punjab & Haryana dismissing Civil Writ Petition No.3733 of 2002. During the pendency of this appeal respondent No.4 Ramesh Chand Girdhar died on 09.12.200..

Posted in Others |   4570 hits

Section 319 of the Cr.P.C

 23 December 2010

This judgment will dispose of Criminal Appeal Nos. 1071 of 2009, 1294 of 2009, 182-183 of 2010 and 97-98 of 2010. The facts have been taken from Criminal Appeal No.1071 of 2009...

Posted in Criminal Law |   2899 hits

Services availed or goods purchased for commercial purposes do not come under Consumer Dispute

 21 December 2010

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

Posted in Constitutional Law |   4256 hits

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 |   4239 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 |   2269 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 |   2378 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 |   1696 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 |   1841 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 |   1757 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 |   2907 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 |   2306 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 |   4972 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 |   2868 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 |   6163 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 |   6361 hits