SCC Weekly

Civil Procedure Code, 1908 — S. 11 — Res judicata — Conditions for applicability: Both suits should be based on same cause

Armed Forces — Promotion — Criteria/Eligibility — Feeder post: Recommendations of AVS Committee recommending lowering of age profile of officers in Indian

Arbitration and Conciliation Act, 1996 — Pt. I — Foreign seated arbitration: Terms of contract will have to be understood in the

Criminal Procedure Code, 1973 — S. 357-A — Compensation to victims of acid attack — Quantum and manner of disbursal: Ministry of

Sales Tax and VAT — Concession/Exemption/Incentive/Rebate — Incentive: Gujarat Capital Incentives to Premier/Prestigious Unit Scheme 1995-2000 was introduced with a view to

Constitution of India — Arts. 22(5), 14, 19 and 21 — Detention order and its grounds vis-á-vis order of Advisory Board/competent authority

Constitution of India — Arts. 247, 254, 366(10) and Sch. VII Entries 11-A & 46, List I Entries 77 & 78 and

Civil Procedure Code, 1908 — S. 24 — Transfer of matrimonial proceedings: There was no reason why divorce case be not transferred

Armed Forces — Discharge — Procedural safeguards: Administrative instructions affording additional safeguards dehors R. 13 of Army Rules, 1954 to ensure proper

Bombay High Court Letters Patent — Cl. 12 — Original jurisdiction as to suits — Territorial jurisdiction: “Suits for land”, to be

Criminal Procedure Code, 1973 — Ss. 311 and 313 — Recall of witnesses under S. 311 — When permissible and warranted: Plea

Civil Procedure Code, 1908 — Or. 1 Rr. 3 and 10(2) and S. 115 — Impleadment as defendants when original defendants set

Civil Procedure Code, 1908 — Or. 22 R. 2 — Partial abatement of suit and appeal — When possible: As one of

Arbitration Act, 1940 — Ss. 2(b), 14, 30 and 33 — Non-speaking award — Interference by court: In view of clause providing

Building and Other Construction Workers’ Welfare Cess Act, 1996 — S. 3 — Cess on construction works: Cess on construction works could

Central Excise Act, 1944 — S. 4(4)(d)(i) — Cost of packaging: The appellant had charged for the value of the gunny bags

Central Excise Act, 1944 — S. 11-B (as amended in 1991) — Refund: Amended provisions of S. 11-B are not applicable to

Central Excise Rules, 1944 — Rr. 173-G, 9 and 49 — CENVAT Credit: Payment of duty through CENVAT Credit is as good

Civil Procedure Code, 1908 — Or. 37 R. 3 — Summary suit — Leave to Defend: Where the defendant has raised a