Sunday, May 16, 2010

Wakf Act — Review of own order.

Wakf Act, 1995 — Review of own order — Order obtained by playing fraud — Even in the absence of any express provision the CEO is empowered to review / recall his own order. See 2010 (5) LJSOFT (URC) (AUR) 3

Succession _ Widow.

Succession — Successor-in-interest is not a successor-in-title — Successor-in-title succeeds upon succession either testamentary or intestate — Widow of the original owner — Her claim upon succession is not a claim as a successor-in-interest but a successor-in-title. See 2010 (5) LJSOFT 69

Succession — Nomination of shares.

Succession — Nomination of shares — Nominee has the right to the shares after the death of original shareholder and not the heirs of deceased — Specific statutory provision make the nominee entitled to all the rights in the shares excluding all other persons. See 2010 (5) LJSOFT (URC) 12

Sales tax — Levy of — Steam.

Sales tax — Levy of — Steam cannot be classified under the Notification Entry No.233 as the same is not chemical. See 2010 (5) LJSOFT (URC) 34

Quasi-judicial proceedings

Quasi-judicial proceedings — Guidelines or directions cannot encroach upon the discretion conferred by Rules upon any appellate authority and restrict its application of mind or attempt to cut the process of adjudication. See 2010 (5) LJSOFT (NAG) 195

Public premises

Public premises — Petition against order of Principal Judge under Public Premises Act — Jurisdiction of the Division Bench is not totally ousted. See 2010 (5) LJSOFT 66

Public servant disobeying law

Public servant disobeying law — Only be a natural person can be charged with an offence punishable u/s 166 coupled with a fact that he is a public servant — Offence u/s 166 cannot be against a particular office but it can only be against a person who holds an office. See 2010 (5) LJSOFT (URC) 8