Criminal tresspass-Donor reserving life interest in the house gifted to the donee-Permitting another to reside with him-Status of that person after the death of the donor whether his occupation would amount to Criminal trespass- Penal Code Section 44..
It is, therefore, evident that with reluctance the right to ascetic life was extended to Sudras and in due recognition of their status, they were treated as Hindu sanyasis. At the present time, there is no distinction or barrier; any one may beco..
forward transactions in respect of stock iwill be in the nature of hedging contracts.the existence of contract of sale is a condition precedent to attract clause (a) of proviso to section 43(5) of the Act, it stands relaxed to the extent allowed by C..
In a case of sale of goods simpliciter by a non-resident to a resident in India , if the consideration for sale is received abroad and the property in the goods also passes to the purchaser outside India , no income accrues or arises or deemed to ac..
whether tax at source is to be deducted for the following type of transactions: • Commission payable to above said non-residents on export earnings; and • Retainer fees payable to above said non-residents apart from commission payab..
The warm and the living hands of a Judge are the best reassurance to an accused that his fundamental right, of life and liberty, enshrined under the Constitution is preserved and protected. When these hand turn cold, the first casualty is Article ..
The essence of prescribing a punishment for matrimonial cruelty in a penal code will be frustrated if in proven instances of cruelty a court were to bend to the multifarious pleas for leniency...
Merely because she is a woman of easy virtue, her evidence can not be thrown overboard...
in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase of goods in India for the purpose of export..
gift cannot be obtained by compulsion through a decree of a court and it can only be obtained without consideration. An enforcement of such a gift will be clearly contravening Section 122 of the Transfer of Property Act. The definition of 'Gift' says..
The word 'employment' must therefore. be construed as employment in the regular course of business of the establishment, such employment obviously would not include employment of a few persons for a short period on account of some pas..
unless there is material that the labour engaged by the contractors is engaged for the private employer it cannot be said that they are labour through a contractor within section 2(f) of the Act..
.Section 5 of the Act thereafter also makes it clear that a marriage may be solemnized between any two Hindus if the conditions contained in 14 the said Sect..
We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Pan..
Appointment on compassionate grounds - cannot be claimed as a matter of right - can be claimed only in terms of the Rules or Regulations framed - should be immediately provided to a member of the family to redeem the sudden financial crisis in the fa..
Motive and suspicion howsoever strong can not be made the basis of conviction without any legal evidence..
Although sentence of imprisonment can be extended upto life imprisonment under Section 304-B (2) I.P.C., but no fine can be imposed, as the legislature has not prescribed imposition of fine under this Section. The court can award only that sentence, ..
Order of investigation passed under section 156(3) CrPC can not be challenged in Revision or proceeding under section 482 CrPc by propsective accused. ..
A writ petition was filed in the Orissa, High Court by the father of the appellant challenging the validity of Shri Jagannath Temple Act, 1954. The petition was dismissed by High Court which held that the Act was valid and constitutional except s. 28..
It is now well settled by a catena of decisions of the Supreme Court that it is the creation of an interest in immovable property that distinguishes a lease from a licence. The intention of the parties is the real test for ascertaining the character ..