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Judgments and Orders

Capital Contributions of employer do not constitute tax exampted income

 29 June 2010

Tax Exempt income - Instant Appeal against tax Court's decision - Contributions made by Petitioner to corporations claimed as "tax-exempt income" - capital contributions claimed as ordinary losses incurred in a trade or business - Whether petitioners..

Posted in Taxation |   1351 hits

An order establishing that a court-at some point-will resolve the merits of a claim is not a final o

 29 June 2010

Exhaustion of Remedy - Lack of Jurisdiction - Petitioner convicted under hit and run case - Filed federal habeas corpus petition challenging said conviction - District Court concluded she had exhausted her state remedies for one of the claims but not..

Posted in Criminal Law |   1357 hits

Collection of Rent on Surface Area to be decided afresh

 28 June 2010

Constitution - Resolution treating entire land for the purposes of determination of surface rent as the lease for commercial purposes - Competence of State to issue Resolution - Whether the State Government Competent to issue Resolution increasing co..

Posted in Constitutional Law |   1738 hits

Employer has to establish that his institution is not covered under EPF & MP Act, 1952

 28 June 2010

Employees Provident Fund and Misc. Provisions Act, 1952 - Enquiry under section 7A - Employment of minimum number of employees - Onus of Proof?..

Posted in Labour & Service Law |   2356 hits

For claiming equity in retirement benefits, same service conditions are must

 28 June 2010

Retirement Benefits - Articles 14 and 21 of the Constitution as benefits are based on grounds of intelligible differentia - Whether by extending benefits to the retired whole time Directors (Chairman, Managing Director, Executive Directors) is discri..

Posted in Labour & Service Law |   1649 hits

CIT vs. Anuj A. Sheth HUF

 28 June 2010

For purposes of working out application of proviso to Section 112, there is nothing in section which would deprive assessee of indexation claimed on sale of shares where there was a resultant loss..

Posted in Taxation |   1308 hits

Death Reference

 28 June 2010

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Posted in Criminal Law |   1269 hits

Vaidya Visharad Degrees provided by Hindi Sahitya Sammelan after 1967 are illegal

 28 June 2010

Recognition of Vaidya Visharad" or "Ayurved Ratna" - Section 17 of Indian Medicine Central Council Act, 1970 - Whether persons who qualified "Vaidya Visharad" or "Ayurved Ratna" after 1967 from Hindi Sahitya Sammelan Prayag are entitled to practice a..

Posted in Constitutional Law |   10715 hits

Failure to take possession from another tenant is no ground to deny eviction petition

 28 June 2010

Bona fide Requirement - Section 12(1)(f) of M. P. Accommodation Control Act - Whether the fact landlord evicted another tenant decades ago and did not occupy the premises relevant in a bona fide requirement claim? ..

Posted in Civil Law |   1169 hits

An employee removed not by way of penalty may move to Tribunal

 28 June 2010

Compulsory retirement of a teacher in unaided private school - Delhi School Education Act, 1973 - Whether a teacher in a recognized unaided private school can be compulsorily retired under Fundamental Rule 56(j) and not by way of penalty? ..

Posted in Labour & Service Law |   2079 hits

igh Court cannot interfere with the concurrent findings of facts based on pure appreciation of evide

 28 June 2010

Appeal - Concurrent findings of fact - Section 35G of the Central Excise Act, 1944 - During search, double set/parallel Central Excise Invoices were recovered from the Factory premises of the Appellant, which was admitted by the Director - Impugned g..

Posted in Taxation |   2611 hits

It is IO who has to form its opinion whether he requires custoial interrogation or not

 28 June 2010

Anticipatory Bail - Petition under Section 438 of CrPC to grant anticipatory bail for the offence under Section 13 of PC Act, 1988 and Section 409 r/w 149 of IPC - Alleged misappropriation of public money by Chief Officer, Town Municipal Council - Wh..

Posted in Criminal Law |   1209 hits

no authority can plead unlimited power of detention for its own incompetence as a justification beyo

 28 June 2010

Detention of goods - Validity - Petitioner sought clearance of impugned imported goods for home consumption on payment of import duty, which was physically verified by Departmental Officers and samples were taken for the purpose of making assessment ..

Posted in Taxation |   929 hits

Courts not to interfare in the elections of soceities

 23 June 2010

Election of President of Societies - Injunction - Calender of events and fixing date for election - Wether interim injunction granted to the order of Administrator fixing date for election and publishing calender of events justified in law? ..

Posted in Civil Law |   1322 hits

Probation Board

 23 June 2010

writ petition by life convict - plea in the writ petition was that his case had been recommended by the District Magistrate and the Superintendent of Police but the Probation Board in its meeting held on 24.1.2001 did not recommend his case for relea..

Posted in Criminal Law |   1709 hits

Election

 23 June 2010

Brundaban Mohanty vs Dushasana Jena..

Posted in Constitutional Law |   1560 hits

Quash -Food Adulteration

 23 June 2010

Bipin Mohanty And Anr. vs State Of Orissa And Anr...

Posted in Criminal Law |   3741 hits

Gratuity

 23 June 2010

Prasana Kumar Patra vs State Of Orissa And Ors...

Posted in Labour & Service Law |   3294 hits

Renting of Immovable Property do not fetch liability of Service Tax

 23 June 2010

Service Tax Liability - Renting of immovable property to be used for commercial / business purposes - Amendment has been introduced to Section 65(105)(zzzz) and 76 by virtue of the Finance Act, 2010 - Whether Assessee was to pay service tax liability..

Posted in Taxation |   1544 hits

extended period cannot be invoked where allegation of suppression of facts has not been specifically

 23 June 2010

Limitation ? Extended period ? Section 11A(1) of the Central Excise Act, 1944 ? Demand was raised invoking extended period of Limitation alleging suppression of facts on the ground that the processed fabrics were manufactured and cleared by the Appel..

Posted in Taxation |   1716 hits