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Judgments and Orders

Exparte Award

 22 September 2008

Under section 17-A of the Industrial Disputes Act, 1947 an award becomes enforceable on the expiry of 30 days from the date of its publication. Once an award becomes enforceable, the industrial tribunal or the labour court, as the case may be, becom..


Acquittal

 22 September 2008

Penal Code, 1860, Sections 302, 120B, 201 r/w 34 - Acquittal - Benefit to co-accused - Acquittal of similarly placed co-accused in on the same set of facts and on similar accusations - A departure may be made in case where accused had not surrendered..

Posted in Criminal Law |    hits

Compromise Decree

 22 September 2008

Civil Procedure Code, 1908, Order 23 Rule 3 and Rule 3A - Compromise decree - Held that while it is true that decrees of civil Courts which have attained finality should not be interfered lightly, challenge to such compromise decrees by an aggrieved ..

Posted in Civil Law |    hits

Maintenance should from Date of Application

 21 September 2008

Code of Criminal Procedure, 1973, s. 125 - Whether interim maintenance could be awarded in absence of specific and express provision; whether the applicant-wife and her daughter are entitled to maintenance from the date of the order passed by the Fam..

Posted in Family Law |    hits

Resale Tax

 19 September 2008

Maint contractor liable for resale tax under section 6-B of the KST Act, 1957..

Posted in Taxation |    hits

Appeal -Scope

 19 September 2008

(A) Promissory estoppel - Pay protection - Appellant had been given the benefit of pay protection - Offer of appointment cannot be read so as to extend such benefits in regard to the applicability of the recommendations of the Fifth Pay Commission wh..

Posted in Civil Law |    hits

Award

 19 September 2008

Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..


Validity of Shorter Limitation

 18 September 2008

Major Port Trust Act, 1963 - Section 120 - Notice - Limitation - Validity of Shorter Limitation - A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a l..

Posted in Civil Law 1 comments |    hits

Condone the Delay in Filing Appeal

 18 September 2008

Telecom Regulatory Authority of India Act, 1997 - Section 14 A (2) (3) & 18 - Statutory Appeals - Condone the Delay in Filing Appeal - Point in issue was of general importance and since there was no Authoritative Pronouncement - Whether "in the facts..

Posted in Civil Law |    hits

Costs

 18 September 2008

(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..

Posted in Civil Law |    hits

Murder & Attempt to Murder

 18 September 2008

(A) Indian Penal Code, 1860-Sections. 300, 302, 307 r/w 34- Murder and attempt to murder- Common object-Proof-Deceased and his injured brother allegedly stabbed by appellants while they were returning home- Material change and an improvement in state..

Posted in Criminal Law |    hits

MAintainability of a Complaint

 18 September 2008

A. Criminal Procedure Code, 1973- Section-181(4) – Territorial Jurisdiction – Offence of criminal breach of trust and cruelty – case registered under sections. 406/498-A I.P. C. - Allegation that petitioners, in-laws husband harassed the complainan..

Posted in Criminal Law |    hits

Material Supression of Fact in a Criminal Case

 18 September 2008

A. Criminal Procedure Code, 1973 – Section 144- Dispute between landlord and tenant – Validity of order passed by Executive Magistrate restraining tenant from entering premises – Landlord’s application under section 144 for possession of premises- re..

Posted in Constitutional Law |    hits

Jurisdiction of Family Courts

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..

Posted in Civil Law |    hits

Maintenance of Unmarried Daughter

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125(1)(c) ― Word ‘injury’ used in Section 125(1)(c) ― Need not necessarily denote ‘physical injury’ for it can be mental injury as well ― It has to be read in the context of inability..

Posted in Civil Law |    hits

Misconduct of Conductor

 18 September 2008

Removal - Misconduct - Breach of faith - Respondent, conductor issued ticket of 0.50 paisa denomination instead of Rs. 4/- to 16 lady passengers - Guilty of serious misconduct and the gravity of the misconduct cannot be minimized by the fact that he ..


Reference - Only a question of law can be answered

 18 September 2008

(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..

Posted in Others |    hits

Transfer of a WRIT

 18 September 2008

Constitution of India, Article 139-A(2) - Transfer petition - Transfer of petition from Madras High Court to Delhi High Court where other writ petitions involving identical issues are pending - Writ transferred to Delhi High Court. (Paras 5) ..


Works Contract

 13 September 2008

Judgement in the case of K Raheja Development Corporation has been referred for larger bench..

Posted in Taxation |    hits

Relevancy of fact

 11 September 2008

(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..

Posted in Civil Law |    hits