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Judgments and Orders

High Court not to interefere decision of Court Martial

 05 July 2010

Irregularities - Punishment - Section 122 of the Army Act, 1950 - Respondent subjected to Court martial and inflicted with punishment of forfeiture of 8 years of service for his role in irregularities in purchasing of hygiene and chemicals - Order of..

Posted in Labour & Service Law |   2048 hits

Membership of elected member cannot be cancelled due to his voting

 05 July 2010

Removal of Elected member of Gram Panchayat on alleged grounds of abuse of power and obstruction in work - Whether removal of an democratically elected member justified on the ground of opposing resolution of Gram Panchayat? ..

Posted in Civil Law |   1414 hits

Investigation is the realm of the police and not of Court

 05 July 2010

Inherent powers of High Court - Execution thereof under Section 482 of the Code of Criminal Procedure, 1973 - Whether the High Court is empowered to give directions under sec. 482 to quash proceedings against the petitioners? ..

Posted in Criminal Law |   1067 hits

No need to follow section 154 Cr. P. C. prior to invoking 156 (3)

 05 July 2010

FIR registered in pursuance to application moved under section 156(3) of the Code of Criminal Procedure, 1973 by the complainant without exhausting the procedure under section 154 Crpc - Whether order passed under section 156(3) by Chief Metropolitan..

Posted in Criminal Law |   3318 hits

Parliament has got power to change the Service Condititions

 05 July 2010

Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the ab..

Posted in Constitutional Law |   1428 hits

Section 12(2) of Administrative Tribunal (Amendment) Act, 2006 is constitutional

 05 July 2010

Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the ab..

Posted in Constitutional Law |   2352 hits

Restriction of term of a member of Tribunal is not unconstitutional

 05 July 2010

Extension of Terms of members of administrative Tribunal - Sections 8,10A, Administrative Tribunal (Amendment) Act, 2006 - Whether Section 10A, which restricts the total term of the Member of the Administrative Tribunal to ten years should be regarde..

Posted in Constitutional Law |   1114 hits

Insurer is liable if workman died during the course of employment

 29 June 2010

Quantum of Compensation - Section 10 of Workmen Compensation Act, 1988 - Sections 147(1) and 164 of Motor Vehicles Act, 1988 - Whether deceased died during the course of doing his wok under employment of the opposite party and the Appellant, insurer,..

Posted in Labour & Service Law |   2079 hits

Period of 240 days can be counted if workan did job in two concerns of the same management

 29 June 2010

Retrenchment - Non completion of 240 days - Whether work done in two independent establishments can be clubed together to claim continuous working of 240 days and also without the compliance of the statutory provision of section 25-F Industrial Dispu..

Posted in Labour & Service Law |   1610 hits

Daftsman falls within the definition of workman

 29 June 2010

Verbal Termination - Section 2(s) of the Industrial Disputes Act, 1947 - Whether a draftsman would fall under the definition of a workman? ..

Posted in Labour & Service Law |   2559 hits

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 |   1332 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 |   1321 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 |   1711 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 |   2326 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 |   1618 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 |   1280 hits

Death Reference

 28 June 2010

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Posted in Criminal Law |   1237 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 |   10517 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 |   1144 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 |   2015 hits