Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly = Thereafter, the learned single Judge allowed the writ petition by holding that … Continue reading
MODVAT – REFUND OF THE SAME WITH INTEREST AFTER 30 DAYS – the company is liable to pay MODVAT under Central Excise Act on HSD oil used in manufacturing yarns etc., and also liable to pay interest as it was not refunded with in 30 days of notice as the exemption … Continue reading
sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are … Continue reading
the Protection of Rights of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009 and the Commission for Protection of Child Rights Act, 2005, – Directions of Apex court not implemented by the state and central administrative bodies – Apex court gave further directions = this court on 3rd … Continue reading
Industrial dispute – Dismissed some workers as they disobeyed the management orders – workmen contended it’s a additional work with out any additional wages – Tribunal find misconduct as proved – but set aside the dismissal order as it is not in proportionate of offence committed and directed to reinstate with 50% back wages – … Continue reading
Land Acquisition Act – enhancement of Market value – by applying principle of 12% increase per year on the market value as the 12% per annum increase which courts have often found to be adequate in compensation matters hardly does justice to those land owners whose land have been acquired as judicial notice can be taken of the fact that … Continue reading
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank … Continue reading
Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.13/2013 dated 22nd May, 2013 – fixing cut off marks at 60% with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court … Continue reading
Arbitration and conciliation Act – Disputes between the parties whether to send it for expert opinion or to arbitrator – High Court instead of deciding issue whether there is any arbitration clause or not-open the issue on merits of disputes – billing – date of billing – billing disputes etc., and appointed arbitrator – Apex court set aside the … Continue reading
Sec.466 Company Act – permission of company court for eviction suit against a winding up company from a leased premises – earlier orders when not on merit – a subsequent order granting permission for filing eviction suit – Reversed by D.B. bench on the point of resjudicate – Apex court allowed the appeal … Continue reading