The assessee, a cooperative society, engaged in the business of providing credit facilities to its members and marketing their agricultural produce, invested the surplus funds in short-term deposits with the Banks and in Government securities, and earned interest thereon. The assessee showed the said interest income under the head “Income from business” but the … Read more
Apart from the three accused whose presence at the place of occurrence was not accepted, the trial court also doubted the presence of two out of the three eye witnesses. The trial court further held that even PW-2, the only remaining eye witness, had mixed-up truth with falsehood but his testimony was not liable … Read more
But, according to the medical evidence, injuries on PW2 were caused on the evening previous to the morning of June 24. This takes away the basis on which he was accepted by the trial court and the High Court as an eyewitness notwithstanding his proclivity to mix up falsehood with truth. A substantial part … Read more
In all these cases at hand the High Court does not appear to have focused on the requirement to have due regard to the qualifications required by the agreement or other considerations necessary to secure the appointment of an independent and impartial arbitrator. It needs to reiteration that appointment of the arbitrator or arbitrators … Read more
The principles laid down in the said decision cannot have any application in the present case although the decision rendered in this case in the decision under the Arbitration and Conciliation Act, 1996. Taking into consideration the arguments of the appellant, it is necessary to mention here that the court does not have any … Read more
A Dispute arose between the parties and matter was referred to arbitration. Due to some reasons, arbitration proceedings were not concluded. Respondent filed application before High Court seeking removal of the arbitrator. High Court directed appellant to appoint a new arbitrator and further directed the arbitrator so appointed to conclude the arbitration proceedings within six … Read more
At the time of death of their mother the children were left in custody of their paternal grandparents with whom their father is staying and the attempt of the respondent no. 1 was to alter that position before the application filed by them is considered by the Family Court. For this purpose, it was … Read more
Mr. Speaker, Sir, Part XVI of the Commissioner’s Report deals with his investigation into the operation of the safeguards provided for the Anglo-Indian community. Last year, I was severely and even bitterly critical of that part of the Commissioner’s Report which related to my community. This year, I do not propose to be so critical. … Read more
The girl had expressed a marked reluctance to stay with her father. The High Court was of the opinion that the children had developed long standing affection towards their maternal grandfather, aunt and uncles. It will take a while before they develop the same towards their step father. The sex of the minor girl who … Read more
Unlike natural calamities that are beyond human control, avoidable disasters resulting from human error or negligence prove more tragic and completely imbalance the inter-generational equity and cause retrievable damage to the health and environment for generations to come. Such tragedy may occur from pure negligence, contributory negligence or even failure to take necessary precautions … Read more
