Evidence Act, 1872, Section 65B -- Electronic record - Call details - Admissibility - Call details in question not signed by any officer of telecom company who issued those details - No certificate of any authorized officer on record about genuineness of those call details in terms of conditions provided u/s 65-B of the Act - Genuineness and authenticity of call details is..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Offence u/ss 302, 323, 147, 148, 149 IPC - A-4 declared to be juvenile on the date of offence as certificate on the basis of A-4 was ordered to be released on bail, not disputed - It would be proper to separate his case to be dealt with by juvenile Court in appropriate..........
Constitution of India, 1950, Article 226 -- Pathological lab running in a residential building - Grant of Regularisation certificate - Challenge as to - Said certificate is for running of pathological lab but conditions mentioned therein are directed towards running nursing home - Grant of certificate without seeking permission of High Court during pendency of earlier Writ..........
Constitution of India, 1950, Article 226, Air (Prevention and Control of Pollution) Act, 1981 -- Pathological lab in a residential building - Grant of Regularisation certificate - Challenge as to - As per DPCC report running of pathological lab for which generator sets and heavy equipment are installed has led to emission of hazardous substances - Thereby creating air..........
Mineral Concession Rules, 1960, Rule 29(1) -- M.L. No.2010 lapsing on 27.03.2001 - M/s.Dalmia, while surrendering M.L. No.2010 specifically stating that it may be determined on an earlier date, before expiry of 12 months - M/s.Dalmia surrendering the Lease deed book - Paying arrears of rent and obtaining no due certificate - No specific bar that State Government should..........
Conversion and reconversion -- To claim benefit of Caste certificate on reconversion - Three things need to be established to claim benefit of caste certificate are : (i) there must be absolutely clear cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950; (ii) there has been reconversion to the original..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Vicarious liability - Before issuance of cheque, Director of a company who resigned from his post of Director and resignation duly accepted by Company vide its resolution passed in the meeting of its Board of Directors and Certificate to this effect also issued by..........
Income Tax Act, 1961, Section 9(1)(vii) -- Explanation (2) - "Fee for technical service" - Services provided by NRC - Covered by `consultancy service' - Same is taxable u/s 9(1)(vii) of the Act - Issue of No Objection Certificate without payment of tax - Not permissible...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Two dying declarations - Abetment of suicide - While recording first dying declaration thumb impression of deceased was obtained, whereas while recording second dying declaration thumb impression of deceased could not be obtained as both hands of deceased were burnt - Moreso, while recording..........
Retail outlet -- Cancellation of allotment - Cancellation on ground of mis-statement of facts with reference to cash in bank - Petitioner gave certificate stating movable property which was drawn after advertisement and re-deposited at time of interview - At time of interview affidavit of disclosure of all assets revealed petitioner`s financial status and withdrawal..........
