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Judgments and Orders

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 |   2579 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 |   1174 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 |   900 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 |   1293 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 |   1682 hits

Election

 23 June 2010

Brundaban Mohanty vs Dushasana Jena..

Posted in Constitutional Law |   1517 hits

Quash -Food Adulteration

 23 June 2010

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

Posted in Criminal Law |   3702 hits

Gratuity

 23 June 2010

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

Posted in Labour & Service Law |   3257 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 |   1512 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 |   1667 hits

value and volume of a dealer or investor holding hedging transactions should be in equal proportion

 23 June 2010

Speculative transaction - Deduction disallowed - Section 43(5) of Income tax Act, 1961 - Assessee - HUF engaged in business of dealing in shares and securities - In P&L Account debited loss on account of Nifty hedging transactions. Assessing Officer ..

Posted in Taxation |   1263 hits

there is no question of the said Regulation 15 having effect of depriving an equal opportunity to an

 23 June 2010

Eligibility - Admission to second year Pharmacy Degree Course - Eligibility criteria implementing Regulation 15 of the Education Regulations 91 of Pharmacy Council of India - Challenged - Whether eligibility criteria for admission to said course arbi..

Posted in Civil Law |   1162 hits

PIL AGAINST - 498-A -JUDGES OBSERVATIONS

 23 June 2010

A PIL TO DECLARE SECTION 498-A OF IPC ILLEGAL AND UNCONSTITUTIONAL ..

Posted in Criminal Law |   2913 hits

Bail

 18 June 2010

ranting of - and suspension of sentence - appeal - without expressing any opinion on the merits of the dispute and culpability of the accused, this Court is certainly of the opinion that this was not a fit case where the sentence awarded should have ..

Posted in Criminal Law |   1590 hits

Rate of Inerest

 18 June 2010

section 166 - respondent suffered permanent disability as both legs amputated due to rash and negligent driving of the lorry - no case has been made out for interference with the rate of interest. The appeal is dismissed subject to the modification t..

Posted in Civil Law |   1282 hits

Compensation with Interest

 18 June 2010

compensation with interest - entitlement - judgment of the High Court - challenged in this appeal - petition under section 166 of the Act - a bare argument by learned counsel for the appellants that the deceased had a potential of expanding his busi..

Posted in Civil Law |   2182 hits

Cruelty and desertion

 18 June 2010

appellant filed matrimonial case - on grounds of cruelty and desertion under Section 13(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion..

Posted in Family Law |   4541 hits

extra-judicial confession

 18 June 2010

Indian Penal Code, 1860 - section 302 - conviction under - an extra-judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the court. The confession will have to be proved like any other fact. The value of t..

Posted in Criminal Law |   5749 hits

customary divorce

 18 June 2010

Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary divorce - registered - permanent alimony received by the wife - there does not exist any period of limitation in respect of an offence under Section 494, as the maximum period o..

Posted in Family Law |   3562 hits

Referance

 18 June 2010

Land Acquisition Act, 1894 - sections 30 and 31 - an application for reference under - an attempt on the part of the First Respondent to get herself imp leaded as party in the Reference Petition did not fructify. The said order attained finality. It ..

Posted in Civil Law |   1279 hits