Customs Tariff Act, 1975, Section 3A, 3(2) -- Custom duty - Additional and special additional duty - Interpretation of - These words would refer only to surcharge provision and not to provision levying independent duty, as relevant words are `and addition' and not `in addition'...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Refusal to refer dispute by Deputy Commissioner of Labour (DCL) - Dispute as to voluntary retirement of employees of respondent company after taking over company by appellant - High Court quashed said refusal as disputed questions of fact and law could not be decided by alleged delegatee of State Government in..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Refusal to refer dispute by Deputy Commissioner of Labour (DCL) - Competency of said authority - DCL is not entrusted with power u/s 10(1)(d) of Act as delegatee of State Government as per notification of 2003 - Order of DCL is vitiated in law, as same is void ab initio in law - Moreover, said issue is not raised..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Refusal to refer dispute by Deputy Commissioner of Labour (DCL) - Failure report of conciliation proceedings is not sufficient material evidence to arrive at a conclusion by State Government to decline to exercise its statutory power under provisions of S.10(1)(d) of the Act...........
Criminal Procedure Code, 1973, Section 306 -- Pardon to accomplice - Application u/s 306 Cr.P.C. can be filed by prosecution or by one of accused, out of several - If application is filed by one of accused, Court should first refer it to prosecuting agency and then to pass an appropriate order - Judge himself should not take the task to determine the propriety of pardon -..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures/finger print - Non disclosure of method employed by expert for examination of signature - Opinion of expert cannot be discarded merely on the ground of non disclosure of method employed by the expert for examination of the signature - Court can obtained necessary clarification on the matter and can even..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Magistrate while passing summoning order considered complaint, affidavit of complainant and other documents - Magistrate did not refer provision of S.143 of the Act - Held, it is not a ground to say that Magistrate has not..........
Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Jurisdiction of Civil Court - Once an application in due compliance of S.8 of Act is filed, approach of Civil Court should be to see whether its jurisdiction is ousted and not that whether there is still jurisdiction in Civil Court, as such approach will delay the resolution of disputes - It is..........
