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Judgments and Orders

Driving lisence

 22 May 2009

A person having driving lisence to drive Tractor is not authorised to drive motorcycle..

Posted in Others |   2498 hits

Canditate applied in OBC can not claim in general category

 21 May 2009

A candidate having opted to consider his case only under OBC category, he cannot thereafter claim that his case requires to be considered in the general merit, only because, he has scored better percentage of marks than the last selected candidate in..

Posted in Constitutional Law 1 comments |   4756 hits

Proportionate punishment

 21 May 2009

wrongful detention of a person under s. 13 of Lunacy Act - police constable charged him of asault in insane state of mind - after inquiry constable dismissed from service - supreme court reduced the punishment to compulsory retirement...

Posted in Labour & Service Law |   3237 hits

Girl Friend -Term "Relative of Husband " under Section 498A

 21 May 2009

Section 498A in The Indian Penal Code, 1860 The Indian Penal Code, 1860 Section 498 in The Indian Penal Code, 1860 Section 304 in The Indian Penal Code, 1860 The Estate Duty Act, 1953 ..

Posted in Family Law |   5995 hits

Compassionate appointment

 16 May 2009

After death of employee a settlement between his legal hairs arived at in which son in law of one of his daughters was given right to apply for compassionate appointment - apllication made after 15 yrs of death was rejected- high court allowed the p..

Posted in Labour & Service Law |   3868 hits

whether a particular good is a Capital Good or not

 14 May 2009

Copper/Aluminium Conductor, Impeller and Bulldozer as well as cold frame sections can be treated as capital goods under Rule 57Q of Central Excise Rules, 1944. Question whether a particular good is a Capital Good or not has to be decided in context o..

Posted in Taxation |   3776 hits

enforcement of guideline register

 04 May 2009

50.In the circumstances, this Court holds thus: On Points(i),(ii)and(iv):The guideline value Register entries are neither final nor conclusive nor it is binding on the Registering authority as well on the Collector to whom the instrument is refer..

Posted in Property Law |   5327 hits

registration of a deed of cancellation, unilateral

 04 May 2009

(i) Challenging registration of a unilaterally executed deed of cancellation of a sale, a writ petition is maintainable under Article 226 of the Constitution of India; (ii) A deed of cancellation of a sale executed by mutual consent by all part..

Posted in Property Law |   23005 hits

coverage of Branch Manager under Shops Act

 28 April 2009

Merely because the 3rd respondent is the Manager of a Branch, it cannot follow that he is an employer within the meaning of S. 2(5) of the Act vis-a-vis himself. I am therefore, of the view that he is entitled to invoke the provisions ..

Posted in Labour & Service Law |   3688 hits

Employment contract Vs T Nadu Shops & estt Act

 28 April 2009

However, I have already observed that the provisions of the Tamil Nadu Shops and Establishments Act are applicable to the petitioner's case and in view of the Notification of the Government of Tamil Nadu at the relevant time, the petitioner was a "pe..

Posted in Labour & Service Law |   4045 hits

import of plastic materials

 28 April 2009

Appellant engaged in business of importing various goods like plastic materials. Additional Commissioner of Customs ordered confiscation of under-invoiced goods as well as goods mis-declared in description but gave an option to importer to redeem the..

Posted in Corporate Law |   2645 hits

exemption to excisable goods manufactured by SSI unit

 28 April 2009

SSI Exemption Notification which provides exemption to excisable goods manufactured by SSI unit provides that exemption shall not apply to goods bearing the brand name or trade name, whether registered or not, of another persons. Stickers with words ..

Posted in Corporate Law |   2643 hits

Gold and silver imported under the forged Special Import Lic

 28 April 2009

Gold and silver imported under the forged Special Import Licence (SIL). Documents established to be forged. No evidence to show that importer, who bought SIL from market, had knowledge about SIL being non-genuine. Buyer according to maxim "Caveat emp..

Posted in Corporate Law |   3201 hits

levy of service tax on renting of immoveable property

 24 April 2009

Service Tax – Renting of immovable property – the tax is on any service in relation to renting not renting per se ; no tax on renting: we have to understand as to whether renting of immovable property for use in the course or furtherance of business ..

Posted in Taxation |   8481 hits

benefits of Customs and Central Excise duty drawback rules

 23 April 2009

Appellant filed appeal claiming that they are entitled to the benefits of Rule 16(a) of the Customs and Central Excise Duties Drawback Rules, 1995. Impugned Order shows that appellants wrongly got draw back on basis of shipping bills vide which expor..

Posted in Corporate Law |   4077 hits

Sections 106 and 107 of The Transfer of Property Act 1882

 23 April 2009

Under S.107 the parties have an option. They can negotiate a lease of a duration mentioned in the first paragraph. If they decide upon such a lease, they must execute a registered instrument. Alternatively, they can decide to have a lease for a short..

Posted in Property Law |   12452 hits

Withdrawal of redemption letter

 23 April 2009

Withdrawal of redemption letter is assailed on several grounds. Contended that letter unreasoned and copy thereof was not even served on petitioner. Letter issued inadvertently through oversight. Cogent reasons have not been furnished by respondents...

Posted in Corporate Law |   2405 hits

appeal under Section 35G of the Central Excise Act

 23 April 2009

Section 35G shows that appeal is competent before High Court from every order passed in appeal by Appellate Tribunal. No appeal would be competent against an order which answers the question referred to Full Members Tribunal, especially, when appeals..

Posted in Corporate Law |   3371 hits

import of second hand photocopier

 22 April 2009

Notification No. 31(RE-2005)/2004-09 provided that second hand photocopier came under restricted category. Prior to existence of notification second hand photocopiers were freely importable as capital goods under imports of general category. Appeal o..

Posted in Corporate Law |   8866 hits

Disqualification of Ex-Members practicing before CESTAT is

 20 April 2009

Where s. 129 (6) of the Customs Act inserted by the FA 2007 w.e.f 11.05.2007 provided that the President, VP and Member of the Customs Excise Service Tax Appellate Tribunal (CESTAT) were not permitted to appear before that Tribunal after demitting of..

Posted in Constitutional Law |   2442 hits