Ss. 35,74 and 76 – proof of age – School leaving certificate / transfer certificate, certified copy required. Self-governing statement is insufficient in the absence of examination of the official incharge of school who recorded the date of birth in school register. Held, the onus was on the plaintiff to prove that he was a […]
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153-C – Applicability of the section- Modalities to be complied with by assessing officer under two different scenerios clarified and held that Since Assessing officer (AO) of the assessee and the searched person being the same the satisfaction recorded by the AO concerned complied with requirements under S. 153-C. ITAT to decide and dispose of
Applicability of the section- Modalities to be complied with by assessing officer Read More »
Ss. 166 and 168– Principles summarized for Just compensation on Permanent total disability –- Principles for determination of just compensation contemplated under MV Act are well settled. Apart from injury, claimant has to be compensated for consequential losses. No reason to interfere with Tribunal’s award Rs 300000 for loss of marriage prospects , (2020) 4
Principles summarized for Just compensation on Permanent total disability Read More »
Clarified Right of pre-emption and its Nature and scope. The plaintiff (Beni Prasad) had a superior right of pre-emption by virtue of the provisions of Section 6(3) of Rajasthan Pre-emption Act 1966, since he was the brother of the second defendant. Devicharan has an inferior right of pre-emption as compared to Beni Prasad. Hence his
Clarified Right of pre-emption and its Nature and scope Read More »
Meaning of “Fidelity insurance” para 11 (2020) 4 SCC 674 – Oriental Insurance Company Limited v National Bulk Handling Corporation Private Limited “Fraternity” and “bandhutva” paras 15 to 24 (2020) 4 SCC 727 – Prathvi Raj Chauhan v Union of India and others
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38: The cause for the suit was stated to be the obstruction caused by defendants when plaintiff was in the process of constructing a wall on the eastern side. In this case, there was bare suit for injunction against trespass and for peaceful enjoyment of property by plaintiff. The Supreme Court held that the questions
Contract and Specific Relief Read More »
Ss. 241(2),337 and 339 clarified. Held that the powers under these sections cannot possibly be utilized in order that a person who may be the head of some other organization be roped in, and his or her assets be attachéd. This being the case, the impugned order passed by NCLAT and well as NCLT is
Companies Act, 2013 Read More »
Adoption, maintenance and financial provision Adoption and property rights – Terms like “agnate”,”full blood” “half blood” and uterine blood”, “heir”, “related” discussed. In view of the provisions of the Act which do not make any distinction between the son born to a father prior or after adoption of his father and that there is no
Ss. 302 and 364 – Kidnapping and murder – conviction based on circumstantial evidence –In the facts and circumstances of the case, more particularly, the mental condition of the accused at the time of the commission of the offence and that the accused was under extreme mental disturbance due to his wife eloped with the
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