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10th Apr, 2015

Right of wife to claim maintenance under Section 125 Cr P C cannot be compromised

It can never be forgotten that the inherent and fundamental principle behind Section 125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when […]
29th Mar, 2015

Power to quash criminal proceedings in an offence under Section 141 N I Act must be exercised carefully

Supreme Court in the case namely Rallis India Ltd. vs. Poduru Vidya Bhusan and Ors., decided on 13.04.2011 (MANU/SC/0422/2011), dealt with the issue of exercise of power by High Court under Section 482 of the […]
29th Mar, 2015

Deduction allowed on expenditure incurred in abandoned project in the relevant year

Expenditure made for construction/acquisition of new facility subsequently abandoned at the work-in progress stage was allowable as incurred wholly or exclusively for the purpose of assessee’s business.
29th Mar, 2015

Minutes of meeting cannot override statutory regulation unless duly complied rules of business

Unless the minutes of meeting resulted in a final decision taken by the competent authority in terms of Article 77(3) of the Constitution and the decision so taken is communicated to the concerned person, the […]
29th Mar, 2015

Amendment made to Section 143(1) of Income Tax Act 1961 is merely clarificatory

The word “income” would include within it both profits as well as losses. In other words, loss is negative profit. Both positive and negative profits are of a revenue character and must enter into computation, […]
29th Mar, 2015

Abuse of Section 156(3) Cr P C restricted-protection offered to statutory authorities

The duty cast on the Magistrate while exercising power Under Section 156(3) Code cannot be marginalized. The Magistrate has to remain vigilant with regard to the allegations made and the nature of allegations and not […]
25th Mar, 2015

Section 66A of the Information Technology Act 2000 struck down as unconstitutional #indianlaws

A set of writ petitions came up before the Apex Court raising an important and far-reaching questions relatable primarily to the fundamental right of free speech and expression guaranteed by Article 19(1)(a) of the Constitution […]
18th Mar, 2015

Legality of charging and claiming interest by Banks/Financial Institutions #indianlaws

Supreme Court in the case namely Central Bank of India vs. Ravindra and Ors., decided On: 18.10.2001 (MANU/SC/0663/2001 = AIR2001SC3095), dealt with the question as to what is the meaning to be assigned to the […]
18th Mar, 2015

Capacity of wife to earn is a relevant factor for determining alimony in matrimonial proceedings #indianlaws

Wife’s capacity to earn after separation is also a relevant factor to be kept in mind in determinig alimony. Similarly the responsibility which the wife would have bourne had the relationship continued is also a […]
18th Mar, 2015

What is the meaning of Fraud within the meaning of Section 13 CPC #Indianlaws

It is only when the defendant is taken by surprise of the fraud played by the plaintiff  that he can challenge the decree or foreign judgment on the ground of fraud. 
18th Mar, 2015

Law laid down as declaratory in nature, is to be reckoned as law always #indianlaws

It would be open to the parties to exclude the application of the provision of Part I by express or implied agreement. Unless there is express or implied exclusion, the whole of Part I would […]
15th Mar, 2015

High Court can quash certain non-compoundable offence under Section 482 Cr P C

Criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising […]