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Others Judgments and Orders

Action taken u/s 147 of the Income Tax Act, is there being no escapement of any income, conditions of section 147 were not fulfilled

 06 October 2012

The brief facts of the case are that the assessee is a company which filed return on 22.10.2003 and the return was processed u/s 143(1) of the Act on 12.1.2004. The case of the assessee was reopened u/s 147 and notice 148 of the Act was issued to the..

Posted in Others |   3308 hits

Preventive detention order in respect of a person who is already in custody in respect of criminal case :

 24 May 2012

Facts: H.S Singh was arrested by the Imphal Police under Section 302 of IPC, read with Section 25(1-C) of the Arms Act, 1959. The District Magistrate, Imphal West passed the detention order dated 30.6.2011 under the Act on various grounds with a..

Posted in Others |   2424 hits

Statutory byelaws brought into effect with the approval of SEBI under sec 9 of SCR Act 1956 prevail over the limitation Act 1963

 30 April 2012

The present petition under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) is directed against the Award dated 25th January 2006 passed by the learned Arbitrator (‘Respondent No.2’) holding that the claims of the Petitioner in respect ..

Posted in Others |   1657 hits

Without attending requisite law classes the question of enrollment in BCI does not arise

 23 March 2012

The appellant was employed, since the year 1992, as a Steno-typist in the Session Division, Gurgaon, Haryana. He in the academic year 1992- 93 joined the LL.B Degree Course as a regular student of D.S. College, Aligarh, Dr. Bhim Rao Ambedkar Universi..

Posted in Others 1 comments |   4600 hits

In case of unauthorized used of trade mark damage can be claim only on submission of proof of damage

 11 February 2012

In a suit for a decree of perpetual injunction restraining the defendants from infringing the trademark “Arnimax” and passing off goods under the said trademark, this application has been filed for interim reliefs. In the 1st week of October, 2009,..

Posted in Others |   1909 hits

Candidates of SC and ST declared successful in departmental exam on relaxed standard cannot be allowed to compete with General candidates

 26 November 2011

This W.P filed prayed to quash the Impugned Order of CAT Dated 17th August 2005 at Annexure F and dated 24.10.2005 at Annexure Gin so far as petitioner is concerned and direction to Respondent 1 to 4 not to disturbed the 11 SC category officers who w..

Posted in Others |   2213 hits

Without giving opportunity of being heard penalty can not be imposed under Sec 4 of Maharashtra Feeling trees Act 1964

 22 November 2011

Both these Writ Petition challenge orders dated 10.5.2011 and 25.3.2011 respectively passed by the Dy. Tree Officer & Range Forest Officer, Sawantwadi, Dist. Sindhudurg whereby in proceedings under Section 4 of the Maharashtra Felling of Trees (Regul..

Posted in Others |   2937 hits

Consideration received on protest entitled to appropriate the same against interest and not treated as consent for sec 59 and 60

 17 November 2011

Being aggrieved by the steps taken by the Respondent Corporation, the Appellant filed a Petition before the Chief Justice of the Delhi High Court to appoint an Arbitrator in terms of the arbitration clause, which was registered as Arbitration Applica..

Posted in Others |   2319 hits

Qualified candidates in waiting list for vacant seats should be given first preference or further counseling will be made for proper selection

 16 November 2011

The appellant – Orissa Private Medical and Dental Colleges Association in this appeal is impugning the Judgment and Order passed by Orissa High Court in W.A. No. 429 of 2011 dated 07.09.2011. The main issue in the judgment is the selection for the av..

Posted in Others |   2526 hits

As per the MV Act 1988 Compensation should be adequate to restore the claimant to the position prior to the accident

 14 November 2011

The petition filed by him under Section 166 of the Motor Vehicles Act, 1988 on the question of the amount of compensation and as per the Motor Vehicles Act 1988 the compensation should be adequate to restore the claimant in the position prior to the ..

Posted in Others 1 comments |   4916 hits

Non pecuniary damages also to be calculated in case of petition filed under section 166 of Motor Vehicles Act 1988

 09 November 2011

The appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, `the Act’) and claimed compensation of Rs.3,00,000/- with interest and cost. He pleaded that the accident was caused due to rash and negligent driving of the..

Posted in Others |   2172 hits

Regulation 8(4) and (5) of Regulation 2007 of NAAC are mandatory to complied with by all Institution to implement any new course.

 07 November 2011

As per Regulation 8(4) an institution is required to be accredited with the NAAC with a Letter Grade B, whereas as per Regulation 8(5) those institutions which had been granted additional intake in B.Ed. and B.P.Ed. teacher training courses after pro..

Posted in Others |   2422 hits

As per the Environmental Pollution Control Act 1986 measure should be taken immediate in case of any cause of pollution effected by the Industry

 03 November 2011

The High Court has by the impugned judgment inter alia directed that the industrial unit of the petitioner be closedown immediately because of the environmental pollution caused by the industrial unit..

Posted in Others |   2440 hits

Educational institutions can fill up the OBC category seats by General category students if no eligible candidates are available for the OBC seats allotted to them

 13 September 2011

The seats allotted to OBC candidates in educational institutions can be filled up by General category students in case no suitable candidates are available in OBC..

Posted in Others |   2160 hits

Compassioant appointment for daughter in law

 10 September 2011

Daughter in Law of the deceased is one among the family members for the purpose of compassionate appointment..

Posted in Others |   3222 hits

Burglary Insurance

 11 July 2011

..

Posted in Others 1 comments |   2742 hits

Petition was allowed as per clause 6(III) and the order set aside

 06 July 2011

1. The challenge in this writ petition by De Nora India Limited („DNIL‟) [formerly known as Titanor Components Limited („TCL‟)] is to an order dated 12th August 2010 passed by the Department of Commerce („DOC‟) (Supply Division) in the Ministry of Co..

Posted in Others |   2574 hits

Appeal dismissed by HC on question of time limit within which power und Rule29(1)(vi) is exercisable

 05 July 2011

This appeal by Union of India is directed against the final judgment and order dated 12.08.2005 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 16575 of 2005 whereby the High Court dismissed the application of the ap..

Posted in Others |   3671 hits

HC dismised the appeal on the question that court should reserve the right to deal false affidavit

 05 July 2011

Land-sharks are on the prowl and they seem to care little for the battle having shifted from the turf they wish to secure to a court of law. They trade allegations on affidavit just as recklessly as they would resort to every trick not in the book to..

Posted in Others |   3447 hits

SC dismissed the appeal on the matter that Notification dated 29.05.2001 is not in terms with Rule29

 02 July 2011

This appeal by Union of India is directed against the final judgment and order dated 12.08.2005 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 16575 of 2005 whereby the High Court dismissed the application of the ap..

Posted in Others |   2470 hits