2016 SCC Vol. 3 March 21, 2016 Part 2
Constitution of India — Arts. 247, 254, 366(10) and Sch. VII Entries 11-A & 46, List I Entries 77 & 78 and
Continue readingConstitution of India — Arts. 247, 254, 366(10) and Sch. VII Entries 11-A & 46, List I Entries 77 & 78 and
Continue readingCivil Procedure Code, 1908 — S. 24 — Transfer of matrimonial proceedings: There was no reason why divorce case be not transferred
Continue readingArmed Forces — Discharge — Procedural safeguards: Administrative instructions affording additional safeguards dehors R. 13 of Army Rules, 1954 to ensure proper
Continue readingBombay High Court Letters Patent — Cl. 12 — Original jurisdiction as to suits — Territorial jurisdiction: “Suits for land”, to be
Continue readingCriminal Procedure Code, 1973 — Ss. 311 and 313 — Recall of witnesses under S. 311 — When permissible and warranted: Plea
Continue readingCivil Procedure Code, 1908 — Or. 1 Rr. 3 and 10(2) and S. 115 — Impleadment as defendants when original defendants set
Continue readingCivil Procedure Code, 1908 — Or. 22 R. 2 — Partial abatement of suit and appeal — When possible: As one of
Continue readingArbitration Act, 1940 — Ss. 2(b), 14, 30 and 33 — Non-speaking award — Interference by court: In view of clause providing
Continue readingBuilding and Other Construction Workers’ Welfare Cess Act, 1996 — S. 3 — Cess on construction works: Cess on construction works could
Continue readingCentral Excise Act, 1944 — S. 4(4)(d)(i) — Cost of packaging: The appellant had charged for the value of the gunny bags
Continue readingCentral Excise Act, 1944 — S. 11-B (as amended in 1991) — Refund: Amended provisions of S. 11-B are not applicable to
Continue readingCentral Excise Rules, 1944 — Rr. 173-G, 9 and 49 — CENVAT Credit: Payment of duty through CENVAT Credit is as good
Continue readingCivil Procedure Code, 1908 — Or. 37 R. 3 — Summary suit — Leave to Defend: Where the defendant has raised a
Continue readingArmed Forces — Disability Pension — Entitlement Rules for Casualty Pensionary Awards, 1982 — R. 12, Notes 1 & 2 r/w Regn.
Continue readingSupreme Court — Jurisdiction, Problem of Pendence by Justice J. Chelameswar, (2015) 9 SCC (J-1): In this article, author attempts to identify
Continue readingArms Act, 1959 — Ss. 7, 20, 23, 25, 27 and 30 — Applicability of 1959 Act: Recovery of large quantity of
Continue readingArbitration and Conciliation Act, 1996 — Ss. 2(2), (1)(f), Pt. I or Pt. II — International commercial arbitration: As arbitration agreement entered
Continue readingConfidentiality and Transparency in Arbitration: The concepts of confidentiality and transparency in arbitration have been analyzed in this article, with primary focus
Continue readingIndependence of Tribunals in India: The role, functions and independence of Tribunals in India has been discussed in this article. Tribunal System: The
Continue readingE-Commerce and Counterfeited Goods: The spread of the internet has led to increased counterfeiting and trade mark infringement at online market places.
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