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Judgments and Orders

Article 14 will have no application where the persons are not

 21 April 2010

Whether there is Discrimination against vis-à-vis the employees of the Government of India in the matter of Payment of Gratuity and claim that the ordinance amending the Gratuity Act w.e.f. 24th September 1997 instead of w.e.f. 1st April, 1995 (w.e.f..

Posted in Labour & Service Law |   1441 hits

TDS should be calculated properly

 21 April 2010

Direct taxation - Chargeability of Income - Credit of TDS - Assessee, clearing and forwarding agent - Filed income tax return and was accepted under Section 143(1)(a)- Due to some discrepancy in total gross receipts as per TDS certificate and that sh..

Posted in Taxation |   1737 hits

Jessica Lal - Manu Sharma - SC Judgment

 21 April 2010

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Posted in Criminal Law |   7092 hits

The Amravati District Central Co-operative Bank Ltd. Vs. Un

 20 April 2010

In pursuance of a Banker’s Indemnity Insurance Proposal dated 1.7.1976 from the appellant (‘Bank’), the respondent (‘Insurer’) issued a Renewal Insurance Policy covering the period 1.7.1976 to 1.7.1977. The policy indemnified and insured the Bank aga..

Posted in Corporate Law |   3352 hits

Granting parity in pay scale depends upon comparative job ev

 20 April 2010

Service - Pay Scale - Parity - Claim of - West Bengal Services Revision of Pay and Allowances Rules, 1981 - Respondent holding post of Inspector Agricultural Minimum Wages (AMW), claimed parity in pay scale with posts of Inspector (Cooperative Societ..

Posted in Labour & Service Law |   2759 hits

Domestic Violance cannot be established after a long gap

 20 April 2010

Criminal - Economic abuse as Domestic Violence - Validity of - Sections3, 12, 19, 20 and 27 Protection of Women from Domestic Violence Act, 2005 - Complaint filed by Respondents after 15 years Respondents on ground of cruelty and desertion since last..

Posted in Criminal Law |   2185 hits

Non-constitution of standing committee shall not extend its

 20 April 2010

Election - Standing Committee - Expiration of term - Sections 20, 20(3), 20(4) and 31 of Bombay Provincial Municipal Corporations Act,1949 - Whether the term of one ­half members (eight in numbers) of the present Standing Committee of the Nashik Muni..

Posted in Constitutional Law |   1275 hits

Waehouse charges are to be cleared till custom clearance

 20 April 2010

Customs - Writ Petition - Demand- Demurrage charges - Consignment was stored at the warehouse of Respondent-Delay in removal of consignment was because of delay in assessment by Customs Authority- Hence, petitioner sort for waiver the warehouse charg..

Posted in Corporate Law |   1428 hits

Application for substitution of name be considered

 20 April 2010

Customs-Principles of Natural justice-Amendment of consignee's name in IGM-Section 30 of Chapter VI of the Customs Act-Petitioner applied to Customs Authorities to seek Amendment to the IGM so as to substitute his name as consignee in place of notifi..

Posted in Corporate Law |   2060 hits

Later judgment of SC is binding on High Courts

 10 April 2010

The assessee purchased US-64 Units of the UTI in May 1990 for Rs. 3.75 crs, received dividend thereon of Rs. 45 lakhs and sold the units in July 1990 for Rs. 3.25 crs. The assessee claimed that deduction u/s 80M was available on the dividend and tha..

Posted in Taxation |   1942 hits

Enviornmental Law should not be imposed at the cost of Publi

 02 April 2010

Environment - Pollution - Section 2(d) Environment (Protection) Act, 1986 - Dismissal of PIL filed against proposed setting-up of a project for manufacturing Poly-Vinyl Chloride (PVC) - Hence, present appeal- Whether High Court was justified in dismi..

Posted in Civil Law |   1296 hits

Mere admission of document do not means its Proof

 02 April 2010

Service - Dismissal - Principles of Natural Justice - Non-adherence thereto - Consequence thereof - Order 12, Rules 1, 2, 2A and 3A of Civil Procedure Code, 1908 - Respondent dismissed by the Disciplinary Authority on the basis of inquiry Officer's R..

Posted in Labour & Service Law |   6053 hits

Panchayat Act to be implemented with Due Care

 02 April 2010

Election - Disqualification - Section 14(1)(j)(i) of the Bombay Village Panchayat Act, 1958 (BVP Act) - Respondent No 3 elected in Panchayat Election as Sarpanch - Petitioners sought disqualification under section 14(1)(j)(i) of BVP Act of Respondent..

Posted in Civil Law |   2862 hits

In Lat Seen Cases Cedible Explanation from Accused is Must

 02 April 2010

Law of last seen evidence - Conviction on charge of Murder - Appeal against conviction on the ground of insufficient circumstantial evidence ..

Posted in Criminal Law |   1476 hits

Order of Settlement Commission if not chellenged becomes fin

 01 April 2010

Customs - Judicial proceedings- Appeal against the Order of Settlement Commissioner - Respondent's CHA licence was suspended by Commissioner on the ground that the power of attorney holder was involved in a mis-declaration of goods imported case - Se..

Posted in Criminal Law |   2812 hits

Circumstantial Evidence is Required to Proved beyond doubt

 01 April 2010

Criminal - Murder - Conviction based on Circumstantial evidence - Section 302 of Indian Penal Code, 1860 (IPC) - Accused charged for the murder of his in-laws and convicted thereof - Both Trial Court and High Court relying on the circumstantial evide..

Posted in Criminal Law |   2542 hits

Convincing Evidence is must to be brought against delinquent

 01 April 2010

Disciplinary Proceedings - Show Cause Notice proposing Punishment of removal from service - Quashing thereof sought - Notice challenged on the ground of lack of original jurisdiction in prescribing punishment, inadequate evidence - Tribunal held that..

Posted in Labour & Service Law |   1381 hits

Partition of one unit into two by tenant is sub-tenancy

 01 April 2010

Tenancy - Eviction - Subletting - Petitioner was running a restaurant at the premises of Respondent No. 3 in the ground and first floor - On inspection Respondent No. 3 found that the Petitioner's restaurant was running on ground floor only and one C..

Posted in Civil Law |   1522 hits

Liability to TDS arises only when Receipient is liable to pa

 01 April 2010

TDS - Assessee company incorporated in India, is a wholly owned subsidiary of the company incorporated in Netherlands, was engaged in the business of dredging, contracting, reclamation and marine activities - Appellant filed an application with DCIT ..

Posted in Taxation |   4310 hits

Mediation before arrest in DV/matrimonial cases

 17 March 2010

"when a complainant approaches the police station or the concerned lower courts, with complaints about harassment, or violence against the wife, by the husband and in-laws, except in cases of extremely grave nature or in cases of serious violence and..

Posted in Criminal Law |   4563 hits