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Judgments and Orders

furlough leave cannot be denied to prison on the ground of local solvant surity

 20 September 2010

Application for furlough leave - Rejected on the ground of local surety - Appeal against thereto - Whether the condition specified in Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety with..

Posted in Criminal Law |   2061 hits

People with privilege and power must be conscious of their prestige

 20 September 2010

Application for release of the Petitioner on probation - Rejection thereto - Petitioner Convicted under section 354 Indian Penal Code , 1860 applied for probation which was rejected by Trial Court - Hence this appeal - Whether the Petitioner was e..

Posted in Criminal Law |   1265 hits

Sections 302/34 of the Indian Penal Code, 1860

 20 September 2010

Facts and circumstances giving rise to these appeals are that on 16.8.1994 at about 7.50 p.m., F.I.R. No.1/1994 under Sections 302, 147, 148, 149 and 307 IPC was lodged at Police Station Mandai Chowk Sarangpur, Madhya Pradesh, according to which 17 a..

Posted in Criminal Law |   6158 hits

Section 7 of the Guardians and Wards Act, 1890

 20 September 2010

(a) On 03.06.2002, the marriage of the respondent was solemnized with Kaveri, the daughter of the appellant herein. Out of the said wedlock, on 23.03.2003, a son, namely, Vishwajeet @ Sangharsh was born. After giving birth to son, on the same day, th..

Posted in Civil Law |   7785 hits

Section 5 of the Central Sales Tax Act, 1956

 20 September 2010

The question that falls for consideration in this case is whether an assessee (local manufacturer) is eligible to get exemption under sub-section (3) of Section 5 of the Central Sales Tax Act, 1956 (for short ‘CST Act’), if the penultimate sale effec..

Posted in Taxation |   9405 hits

Ashok Pal Singh & Ors. Vs. UP Judicial Services Association & Ors.

 20 September 2010

The recruitment and appointment to the Uttar Pradesh Higher Judicial Service consisting of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges are governed and regulated by the U.P. Higher J..

Posted in Others |   2210 hits

Pyare Mohan Lal Versus State of Jharkhand & Ors.

 20 September 2010

Facts and circumstances giving rise to this case are that the petitioner was selected in the Bihar Civil Services (Judicial Branch) in 1982 and was appointed to the post of Munsif by the State and was confirmed in the grade of Munsif vide order dated..

Posted in Others |   2091 hits

Punjab Home Guards Act, 1947

 20 September 2010

The appellants in the instant case are ‘volunteers’ of the Punjab Home Guards. They were recruited and appointed sometime in the year 1989 under the Punjab Home Guards Act, 1947 and the Rules framed thereunder. They were paid consolidated wages of Rs..

Posted in Others |   5753 hits

Section 10(b) read with Section 10A of the Central Sales Tax Act, 1956

 20 September 2010

These appeals, by special leave, are directed against the judgments and orders delivered by the High Court of Judicature at Allahabad, reversing the orders passed by the Sales Tax Tribunal, Meerut, (for short “the Tribunal”). In the first set of appe..

Posted in Taxation |   4061 hits

Section 4 of the Land Acquisition Act, 1894

 20 September 2010

The relevant facts common in these appeals are that a preliminary notification dated 5.03.1983 was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, ‘the Principal Act’) in respect of the land at Ghonga Tank in vil..

Posted in Property Law |   3357 hits

Section 14(1) of the Hindu Succession Act, 1956

 20 September 2010

Whether Smt. Sundrabai wife of Ramchandra Rao, who was given right to enjoy certain lands belonging to Shiddoji Rao (predecessor-ininterest of the appellants) in lieu of maintenance became full owner thereof in terms of Section 14(1) of the Hindu Suc..

Posted in Civil Law |   4573 hits

Section 302/34 Indian Penal Code

 20 September 2010

The case of the prosecution is that, on 07.06.1997 at about 5.00 P.M. the deceased Fanilal Das was returning home on a rickshaw driven by Manilal Das (PW2). The deceased stopped the rickshaw near Shiva temple and after offering his prayer, he came ba..

Posted in Criminal Law |   2144 hits

Condonation of Delay application should be treated in the light of merits of proposed appeal

 15 September 2010

Condonation of delay - Past maintenance for a period of 36 months to the claimants along with interest @ 9 per cent 1 per annum - Whether condonation of delay of 160 days in filling a matrimonial appeal could be granted to the Claimant? ..

Posted in Family Law |   4679 hits

If Civil Court has no jurisdiction then plaint must be returned

 15 September 2010

Suit for declaration and permanent injunction for possession of the impugned agricultural land against the Defendant - Sections 13 and 13A of Punjab Village Common Lands (Regulation) Act, 1961 - Order 7 Rule 10 Code of Civil Procedure, 1908 - First A..

Posted in Civil Law |   2692 hits

Show Cause Notice of DC under section 2(b), 11A and 35G of Central Excise Act

 15 September 2010

Indirect Tax - Shortage of finished goods and raw materials - Central Excise Act, 1944, Sections 2(b), 11A and 35G - Jurisdiction of Deputy Commissioner - Whether the Show Cause Notice in respect of shortages of finished goods and raw material issued..

Posted in Taxation |   2051 hits

PREETI SRIVASTAVA CASE- RESERVATIONS IN PG MEDICAL COURSES- SC CONSTITUTION BENCH

 15 September 2010

Under Section 32 of the said Act, the Post-graduate Institute of Medical Education and Research, Chandigarh Regulations, 1967 have been framed. Regulation 27 provides for 20% of the seats in every course of study in the Institute to be reserved for..

Posted in Constitutional Law |   3192 hits

Ch. Narayana Rao Versus Union of India & Ors.

 15 September 2010

This appeal arises from the judgment and order dated 19.02.2007 passed by Division Bench of the High Court of Judicature, Chhattisgarh at Bilaspur, in Appellant's Writ Petition No. 388 of 2002, wherein and whereunder he had challenged the order of th..

Posted in Others |   2716 hits

Obligation to deduct tax at source (TAS) arises

 15 September 2010

Appellant(s) are the distributors of imported prepackaged shrink wrapped standardized software from Microsoft and other Suppliers outside India. During the relevant assessment year(s) appellant(s) made payments to the said software Suppliers which ac..

Posted in Taxation |   1695 hits

Depreciation under Section 32(1)(ii) of the Income Tax Act, 1961

 15 September 2010

In this case, we are concerned with the Assessment Years 1999-2000, 2000-2001, 2001-2002 and 2002-2003. The assessee company filed its Return of income for the Assessment Year 1999-2000 disclosing a loss of Rs. 10,77,276/-. The return was processed u..

Posted in Taxation |   7255 hits

Gujarat Agricultural Lands Ceiling Amendment Act 2 of 1974

 15 September 2010

A short question which arises for determination in this batch of cases is whether bid lands were required to be taken into consideration for the purpose of land ceiling under the Gujarat Agricultural Lands Ceiling Act, 1960, as amended vide Act 2 of ..

Posted in Others |   7369 hits