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Judgments and Orders

Interim relief

 05 November 2008

Arbitration and Conciliation Act, 1996, Sections 9 and 11 - Specific Relief Act, 1963, Sections 9, 14 and 41 - Interim relief - Continue to carry on mining operations and restraining respondent firm to interfere - Term of original agreement expired a..

Posted in Civil Law |    hits

Judicial Review

 05 November 2008

(A) Constitution of India, Articles 14 and 19(1)(g) - Chartered Accountants Act, 1949, Sections 7 and 24-A - Judicial review - Notification - Sustainability of - Professional misconduct - Notification prohibits all C.As from joining a C.F.A. course -..

Posted in Constitutional Law |    hits

Prohibition under Section 69 of Partnership Act

 05 November 2008

Whether the proceedings regarding making the award rule of Court are maintainable as the non-applicant firm is not a registered partnership firm under Section 69 of the Partnership Act ..

Posted in Civil Law |    hits

Petition under D V Act cannot be transferred to Family Court

 05 November 2008

The Domestic Violence Act does not contain any provisions clothing jurisdiction on the Family Court to entertain an application filed under Section 12 of the Act. It may be true that the reliefs available under Sections 18 to 22 of the Act may also b..

Posted in Criminal Law |    hits

Domestic Violence Act -Appeal against interim orders

 05 November 2008

. A plain reading of Section 29 of the Act does not make any distinction between the final order and the interim order and therefore in the considered view of this Court an appeal will lie both against the final order and an interim order passed by ..

Posted in Criminal Law |    hits

Land Acquisition and Requisition

 05 November 2008

Challenge of land acquisition proceedings by subsequent purchaser is not permissible. ..

Posted in Civil Law |    hits

What is mental cruely?

 02 November 2008

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Posted in Family Law |    hits

Sanction of Govt. not required for FIR against an officer

 02 November 2008

Special Judge under Prevention of Corruption Act can pass order for registration of FIR on the application under section 156(3) Cr.P.C...

Posted in Criminal Law |    hits

Period of detention in jail can not be the sole grd for bail

 02 November 2008

Period of detention in jail can not be the sole ground for bail...

Posted in Criminal Law |    hits

No maintenance to Divorcee Muslim woman from former husband

 02 November 2008

A divorced Muslim woman can not claim maintenance from her former husband under Section 125 Cr.P.C...

Posted in Family Law |    hits

Negotiable Instruments Act, 1881, Sections 138 and 142(b) -

 31 October 2008

Negotiable Instruments Act, 1881, Sections 138 and 142(b) - LIMITATION - Date of Receipt of AD - Dishonour of cheque - Limitation - Receipt of A.D. - Complainant sent demand notice with Acknowledgement card to petitioner - Petitioner received notic..

Posted in Criminal Law |    hits

POST DATED CHEQUE -

 31 October 2008

Negotiable Instruments Act, 1881, Sections 138(a) - POST DATED CHEQUE - Date - Dishonour of Cheque - Post dated cheque - Drawn date - Post dated cheque shall be deemed have been drawn on the date bears on it. (Para 7) ..

Posted in Criminal Law |    hits

Remand of case

 23 October 2008

An order of remand should not be passed routinely by the appellate court-if does not agree with the decision of the trial court...

Posted in Civil Law |    hits

Additional Premium

 21 October 2008

Consumer Protection Act, 1986 - Section 21 - Insurance - Additional Premium - Fire policy for 3 plants - Insurance cover for flood risk only for one plant situated within same complex - Additional premium collected as corrective action for entir..

Posted in Others |    hits

Insurance - Advantage of its own wrong

 21 October 2008

Insurance - Advantage of its own wrong - In salary saving scheme where employer duty bound to remit premium to LIC and employer failed to do so - LIC also failed to inform employee about non payment and its consequences - Now after death of employee..

Posted in Others |    hits

Software Development - Works Contract

 21 October 2008

sales tax - works contract - programming and providing computer software - consultancy charges - finding of additional commissioner upon scrutiny of books and invoices and profit and loss account that dealer engaged in application software developmen..

Posted in Taxation |    hits

Customised and Non-Customised Software are goods

 13 October 2008

Developing and selling unbranded software, the authority for clarification relying on the decision in Tata Consultancy Services Vs State of Andhra Pradehs [1997] 105 STC 421 (AP) clarified that the peritioner was not eligible to issue Form XVII for p..

Posted in Taxation |    hits

M V Act compensation- license

 11 October 2008

Driver of the crime vehicle not having valid license- hence insurance company has no liability- owner of the crime vehicle is liable to pay compensation. ..

Posted in Civil Law |    hits

burden of proof in cases under 138 ofN I Act

 10 October 2008

Negotiable Instruments Act, 1881, Sections 138 and 139 — Dishonour of cheque —“Insufficient funds” — Cheque dishonoured with remarks “Insufficient funds” — Conviction Cannot be set aside on the ground of not proving that cheque was given for any debt..

Posted in Criminal Law |    hits

— Presumption

 10 October 2008

Negotiable Instruments 1881, Section 138 — Presumption - Rebuttal - Presumption that cheque was drawn for discharge of liability of drawer is presumption of law which is ought to be raised by Court in every case. Burden of proving that there was no d..

Posted in Criminal Law |    hits