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Rules for Prior approval before termination of service of an employee

December 3, 2015 4353 Views 0 comment Print

Provisions requiring prior approval before termination of service of an employee under Act of 1978 and Rules made thereunder are not applicable to minority Institution established under Article 30(1) of the Constitution of India.

Expenses debited as cost of ESOP in profit and loss account allowable

December 3, 2015 2801 Views 0 comment Print

In case of CIT vs. Lemon Tree Hotels Ltd Following the Madras High Court in CIT-III Chennai v. PVP Ventures Ltd. (TC(A) No. 1023 of 2005) it was held by Delhi High Court that ESOP could be debited to the profit and loss account of the Assessee.

When revenue failed to show any legal infirmity in order of ITAT, no question of law arises in relation to Sec. 68

December 3, 2015 811 Views 0 comment Print

CIT Vs. Five Vision Promotors Pvt. Ltd. (Delhi High Court)- AO made addition on account of share application money u/s 68 which was confirmed by the CIT. On appeal ITAT held that assessee has proved identity, genuineness & creditworthiness of the investors.

Inspector appointed under CG Industrial Employment (Standing Order) Act, 1961 has no jurisdiction to adjudicate dispute under the Act of 1961.

December 2, 2015 813 Views 0 comment Print

The focal question falling for consideration is whether Inspector appointed under Section 15(2) of the Chhattisgarh Industrial Employment (Standing Order) Act, 1961 (henceforth ‘Act, 1961’) has power and jurisdiction to adjudicate the dispute under the Act, 1961 ?

Writ Petition (Civil) for issuance of writ of certiorari is maintainable challenging order passed by Board of Revenue

December 1, 2015 2751 Views 0 comment Print

This petition under Article 226 of the Constitution of India has been listed for hearing on office objection regarding maintainability of the writ petition. An objection has been raised by the Registry that the writ petition filed against the order passed by the Board of Revenue

Determination of caste status can be done only by Caste Scrutiny Committee

December 1, 2015 5964 Views 0 comment Print

The Supreme Court in the matter of Madhuri Patil v. Commissioner, Tribal Development5 formulated scheme for verification of tribal status and held that any application for verification of her tribal status as a scheduled tribe should be carried out by such committee and issued direction for issuance of social caste certificate, their scrutiny.

National Coal Wage Agreement is a settlement U/s. 2(P) of ID Act 1947

November 30, 2015 2532 Views 0 comment Print

Thus, on the basis of aforesaid decision, it is quite vivid that National Coal Wage Agreement is a settlement within the meaning of Section 2(p) of the ID Act and is binding as provided under Section 18(3) of the ID Act and having force of law and to continue to remain in force unless the same is altered/modified or substituted by another settlement.

Not considering married daughter for Compassionate appointment is violative of Constitution

November 30, 2015 2130 Views 0 comment Print

HC held that Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution.

Personal accountability with fine imposed on custom officials for non compliance of release order of goods

November 30, 2015 911 Views 0 comment Print

Patna High Court held In the case of M/s Overseas Enterprises vs. The Union of India through the CC of Customs that there was absolutely no justification at all either on fact or in law in not giving effect to the order of the provisional release dated 28.03.2013.

Newspaper employee/ union competent to invoke Section 27 of Working Journalist Act, 1955

November 30, 2015 1131 Views 0 comment Print

Newspaper employee/its union are competent to invoke Section 27 of the Working Journalist Act, 1955 for the amount due including for recommendation of Wage Board accepted by Government of India.

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