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Judgments and Orders

Zameer Ahmed Latifur Rehman Sheikh Versus State of Maharashtra and Ors.

 28 April 2010

This matter concerns an assortment of questions regarding the interpretation and constitutionality of certain provisions of the Maharashtra Control of Organized Crime Act, 1999, and as such calls for our utmost attention, particularly in view of the ..

Posted in Others |   1851 hits

State of Andhra Pradesh vs Hyderabad Potteries Private Limit

 27 April 2010

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Posted in Property Law |   1986 hits

M/s. Modern Industries Versus M/s. Steel Authority of India

 27 April 2010

Two main questions arise for consideration – first, as to the meaning of the expression, ‘amount due from a buyer, together with the amount of interest’ under sub-section (1) of Section 6 of the Interest on Delayed Payments to Small Scale and Ancilla..

Posted in Others |   1570 hits

Chhattisgarh State Electricity Board Versus Central Electric

 27 April 2010

Whether Section 5 of the Limitation Act, 1963 (for short, ‘the Limitation Act’) can be invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 (for short, ‘the Electricity Act’) after ..

Posted in Others |   2270 hits

Loss to State can be recovered from guilty Employee

 27 April 2010

Service - Section 4(1) of the Tamil Nadu Prohibition Act - Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules - Petitioner was a sub-inspector of police and an amount was sought to be recovered from him by the State Govt. giving a s..

Posted in Labour & Service Law |   1287 hits

S. Sumnyan And Others vs Limi Niri And Others [SC]

 27 April 2010

Service - Arunachal Pradesh Administration [Public Works Department] Group-B Post Recruitment Rules, 1983 - Seniority - Computation - Ad-hoc service benefit - Appellants after their recruitment on temporary and ad-hoc basis worked on probation for a ..

Posted in Labour & Service Law |   2324 hits

M/s. Vijaya Bank Versus Commissioner of Income Tax & Anr.

 26 April 2010

Whether it is imperative for the assessee-Bank to close the individual account of each of it's debtors in it's books or a mere reduction in the Loans and Advances or Debtors on the asset side of it's Balance Sheet to the extent of the provision for b..

Posted in Others |   2528 hits

Promotion of the employee under criminal trial be deferred

 26 April 2010

Service - Promotion - Entitlement thereto -Section 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules - Based on the Charges framed under the Rules against the petitioner, who was appointed as forester by the respondent, a punishment o..

Posted in Labour & Service Law |   2249 hits

Assistant Commercial Tax Officer Versus Others

 26 April 2010

With the consent of counsel appearing for the parties, the matters are heard for final disposal. By this judgment we will dispose of all the aforenoticed appeals as common question of law on somewhat similar facts arises for consideration of this Cou..

Posted in Others |   1353 hits

EPF is justified in auction of Sugar for Recovery of dues

 26 April 2010

Maharashtra State Co-Operative Bank Ltd v. Assistant Provident Fund Commissioner and Ors. (Decided on 03.03.2010) MANU/MH/0166/2010 Constitution - Recovery of Provident Fund dues - Auction Notice issued under Employees of the Provident Funds and M..

Posted in Labour & Service Law |   1392 hits

Assistant Commissioner, Commercial Tax Department, Works Con

 26 April 2010

The present appeal under Article 136 of the Constitution of India is directed against the Judgment dated 29th February, 2008 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Sales Tax Revision Petition No.92 of 2007, and i..

Posted in Others |   2019 hits

Education institution is bound to refund excess fee charged

 26 April 2010

Constitution - Petitioners completed course in MBBS and intended to pursue further studies - they required No Due Certificate and completion certificate - in an earlier petition the respondent, Institution, was directed to pay back fee to petitioners..

Posted in Civil Law |   1579 hits

Assistant Commercial Taxes Officer Versus M/s. Kansai Nerola

 26 April 2010

We may notice necessary facts giving rise to the present appeal. Vehicle No. RJ-19G-3661 was carrying `parchun’ materials and in addition 377 pieces of drum bucket paints. These goods were transported from Ughna (Surat) to Jodhpur under Bilty No. 014..

Posted in Others |   1613 hits

Assessee is not responsible to dedct TDS on NRI Company

 26 April 2010

Taxation- TDS Obligation - Assessee made remittance to non - resident company without deducting TDS - AO considering it "fees for technical services" held him liable as assessee in default for not deducting TDS - CIT reversed assessment order - Hence..

Posted in Taxation |   2147 hits

Balathandayutham and another Versus Ezhilarasan

 26 April 2010

The material facts of the case are: Late Mr. M. Ramachandran, the father of the 1st appellant as also of the plaintiff-respondent, had three sons, namely, Balathandayutham (1st appellant), Ezhilarasan (plaintiff-respondent) and one Gnanavoli and two ..

Posted in Others |   1543 hits

Jindal Stainless Ltd. & Anr. versus State of Haryana & Ors

 26 April 2010

On 18th December, 2008, when some of the cases in the present batch came for hearing before a Division Bench of this Court to which one of us, Kapadia, J., was a party, the Division Bench of this Court found that some of the High Courts before which ..

Posted in Others |   2118 hits

M/s. Jai Vijai Metal Udyog Pvt. Ltd. Industrial Estate, Vara

 26 April 2010

The Dealer, incorporated as a private limited company, is engaged in the manufacture of aluminium ‘properzi’ redraw rods from aluminium ingots. The word ‘properzi’ is the name of the person who had invented the process of manufacturing redraw rods. A..

Posted in Others |   1569 hits

Ramkrishna Urban Cooperative Vs Shri Rajendra Bhagchand Warm

 26 April 2010

Present applicant has filed private complaint alleging that the complainant is a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960. It is doing banking business. The respondent for his business had taken loan of Rs...

Posted in Criminal Law |   2108 hits

Trial inside Jail is not violative of sectin 327 Cr. P. C.

 21 April 2010

Criminal - Right to Trial in open Court - Section 327 of Code of Criminal Procedure 1973, (Cr.P.C.) - Whether the decision of the High Court to hold trial of the Appellant in Jail violative of Section 327 of the Cr.P.C. ? ..

Posted in Criminal Law |   2037 hits

Trial Inside Jail is not against section 465 Cr. PC

 21 April 2010

Criminal - Shifting of Venue of Trial - Section 465 of Code of Criminal Procedure, 1973 - Whether the notification empowering a Sessions Court to hold trial inside the jail is outside the purview of Section 465 of the Code ? ..

Posted in Criminal Law |   1821 hits