Common Cause Vs. Union of India and Others[SC 2017 November]

Keywords:- PIL- difference between judicial review and merit review If the Statute provides for consultation with any person before making recommendation for appointment to any post, consultation with that person has to be made. The question of giving primacy to the opinion  expressed by the person with whom the consultation has to be made depends upon … Continue reading Common Cause Vs. Union of India and Others[SC 2017 November]

Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

KEYWORDS:- Backword Class-Jaat caste The Central List of OBCs prepared for the States of Uttar Pradesh in 1993 did not include the "Jaat" caste/ community. The State of Uttarakhand was formed in 2000. By a Resolution passed in 2010, the National Commission for Backward Classes resolved that till the Central List for the State of … Continue reading Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

KEYWORDS:-  termination from Service- Compensation -Retrenchment It is trite law that when the termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee … Continue reading District Development Officer & ANR. Vs. Satish Kantilal Amrelia [SC 2017 November]

United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

Keywords:- DRT-SARFAESI Act Explained Court must have good and sufficient reason to bypass the alternative remedy provided by statute AIR 2010 SC 3413 : (2010) 7 SCALE 696 : (2010) 8 SCC 110 : (2010) 9 SCR 1 : JT 2010 (7) SC 651 (SUPREME COURT OF INDIA) United Bank of India Appellant Versus Satyawati … Continue reading United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]

Agarwal Tracom Pvt. Ltd. Vs. Punjab National Bank & Ors.[SC 2017 November]

Keywords:-Bank Loan-DRT-Power under Article 226 while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc. the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are a code unto themselves inasmuch as they not only contain … Continue reading Agarwal Tracom Pvt. Ltd. Vs. Punjab National Bank & Ors.[SC 2017 November]

Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

keywords:- regularization of appointment- Temporary appointment One cannot dispute that the State has the power to appoint persons for a temporary period under the Act and Rules framed thereunder and once such power was exercised by the State, the status of such appointee continued to be that of temporary employee notwithstanding grant of some extensions … Continue reading Raj Balam Prasad & Ors. Vs. State of Bihar & Ors.[SC 2017 November]

Director of Income Tax, Circle 26(1), New Delhi Vs. S.R.M.B. Dairy Farming Pvt. Ltd.[ SC 2017 November]

The National Litigation Policy expressly stated that the Government must cease to be a compulsive litigant. The philosophy, that the matters should be left to the courts for ultimate decision is to be discarded and the easy approach that "let the court decide", must be eschewed and condemned. November 23, 2017. section 268A of the  … Continue reading Director of Income Tax, Circle 26(1), New Delhi Vs. S.R.M.B. Dairy Farming Pvt. Ltd.[ SC 2017 November]

Non- infringement of copyright or Copyright free materials in India

Section 52 , Copyright Act, 1957 52. Certain acts not to be infringement of copyright.— (1) The following acts shall not constitute an infringement of copyright, namely:— (a) a fair dealing with a literary, dramatic, musical or artistic work 1[not being a computer programme] for the purposes of— (i) Private use including research;] (ii) criticism or review, whether … Continue reading Non- infringement of copyright or Copyright free materials in India

Supreme Court of India Judgment Index-1991

1991 Supreme Court of India Judgment Index  January 1991 SHER SINGH V. STATE OF HARYANA & ORS [1991] - 1 (8 January 1991) GRIH KALYAN KENDRA WORKERS' UNION V. UNION OF INDIA & ORS [1991] - 2 (9 January 1991) SUBHASH KUMAR V. STATE OF BIHAR & ORS [1991] - 3 (9 January 1991) SHIVA GLASS WORKS CO. LTD. V. ASSITANT COLLECTOR OF CENTRAL EXCISE & ORS … Continue reading Supreme Court of India Judgment Index-1991

The Limitation Act, 1963 [THE SCHEDULE]

 The Limitation Act 1963 PERIODS OF LIMITATION   [See sections 2(j) and 3] The Statute of limitation is a disabling act and action for claiming rights flowing from various laws is barred with lapse of time as indicated in the Limitation Act. Limitation for an action in law, therefore, has to be found within the four … Continue reading The Limitation Act, 1963 [THE SCHEDULE]

Syndicate Bank vs Channaveerappa Beleri & Ors [SC 2006 April]

Keywords: Bank Credit-on demand-Bank Loan-period of limitation This Court itself had indicated that 'live account' means an account that is not settled. The use of the term 'settled' gives an indication that a 'live account' refers to an account where the balance has not been struck by an “account stated” or “account settled”. If Article … Continue reading Syndicate Bank vs Channaveerappa Beleri & Ors [SC 2006 April]

VVIP Security and Security Category in India

VVIP security is decided by a committee consisting of Intelligence Bureau (IB) officials, the home secretary, and the home minister. Depending on the level of threat, security is classified into four main levels. X,Y,Z and Z+ category. Z+ category: Provided to VIPs and VVIPs. Has a security cover of over 36 personnel. Guarded extensively by … Continue reading VVIP Security and Security Category in India

Offences and Prosecution under Income Tax Act 1961

Section - 275A : Contravention of order made under sub-section (3) of section 132 Section - 275B : Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132 Section - 276 : Removal, concealment, transfer or delivery of property to thwart tax recovery Section - 276A : Failure to comply … Continue reading Offences and Prosecution under Income Tax Act 1961

Appeal and revision under Income Tax Act 1961

Section - 246 : Appealable orders Section - 246A : Appealable orders before Commissioner (Appeals) Section - 247 : Appeal by partner Section - 248 : Appeal by a person denying liability to deduct tax in certain cases Section - 249 : Form of appeal and limitation Section - 250 : Procedure in appeal Section … Continue reading Appeal and revision under Income Tax Act 1961

Procedure For Assessment of Income Tax in India

Income Tax Act 1961 Section - 139 : Return of income Section - 139A : Permanent account number42 Section - 139AA : Quoting of Aadhaar number Section - 139B : Scheme for submission of returns through Tax Return Preparers Section - 139C : Power of Board to dispense with furnishing documents, etc., with return Section … Continue reading Procedure For Assessment of Income Tax in India

Income Tax Authorities

INCOME TAX ACT 1961 Section - 116 : Income-tax authorities Section - 117 : Appointment of income-tax authorities Section - 118 : Control of income-tax authorities Section - 119 : Instructions to subordinate authorities Section - 120 : Jurisdiction of income-tax authorities Section - 121 : Jurisdiction of Commissioners Section - 121A : Jurisdiction of … Continue reading Income Tax Authorities

Calcutta High Court Original Side Rule [Appendix R TO Z]

Appendix R Rules for the grant of subsistence allowance and conveyance hire to complainants and witnesses[N.B. With reference to the Notes to rules 5 and 6 of Chap. XXXVII, the following rules made by H.E, the Governor under the powers conferred upon him under section 544 of the Code of Criminal Procedure appear to have consolidated … Continue reading Calcutta High Court Original Side Rule [Appendix R TO Z]

Medical Council of India Vs. G.C.R.G. Memorial Trust & Ors [SC 2017 November]

Keywords:- Judicial propriety-judicial discipline We say so as an unscrupulous litigant who conceived the idea of paving the path of his own desire, moving according to his design, proceeding as per his whim and marching ahead with brazenness abandoning any sense of prudence cannot be leniently dealt with. It is the duty of the Court … Continue reading Medical Council of India Vs. G.C.R.G. Memorial Trust & Ors [SC 2017 November]

Calcutta High Court (Jurisdictional Limits) Act, 1919.

ACT NO.15 OF 1919 [AS ON 1956] An Act to declare and prescribe the limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal. [17th September, 1919.] WHEREAS clause 11 of the Letters Patent for the High Court of Judicature at Fort William in Bengal, dated the 28th December, … Continue reading Calcutta High Court (Jurisdictional Limits) Act, 1919.