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Cause of action

any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)] --It is … 98) in a different context, for if it were so, no material fact could ever be amended or added and, of course, no one would want to change or add an immaterial allegation by amendment. That expression

Goodwill

competition is, contribute also to the goodwill. S.C. Cambatta and Co. Pvt. Ltd. v. Commissioner of Excess Profits Tax, AIR 1961 SC 1010 (1012): (1961) 2 SCR 805. Goodwill denotes the benefit arising from connection and reputation. … of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).

Sale price

such cost is separately charged and the expression 'purchase price' shall be construed accordingly, Shree Gopal Industries Ltd. v. State of Rajasthan, AIR 1971 SC 2054: (1971) 2 SCC 532. (ii) Under s. 4 of the Madhya … AIR 1971 SC 2054: (1971) 2 SCC 532. (ii) Under s. 4 of the Madhya Pradesh General Sales Tax Act, 1958 the liability to pay tax is that of the dealer. The purchaser has no liability to

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Wages

which such recompense is determined it would all be salary, Gestetner Duplicators Pvt. Ltd. v. Commissioner of Income Tax, AIR 1979 SC 607: (1979) 2 SCC 354: (1979) 2 SCR 788. The bonus in question did not … etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423. Means remuneration payable to an employee under an award or settlement, Purshottam

Shall

conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719. Shall, does not always mean that … State Government, the State Industrial Court or a District Industrial Court may also refuse to take action, Labour Commissioner v. Burhanpur Tapti Mills Ltd., AIR 1964 SC 1687: (1964) 7 SCR 484. (v) The use of the

Cruelty

of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)] … Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent.

Desertion

seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13. Also (2) an abandonment of a wife, a matrimonial offence, for which the … In Scotland, malicious desertion by one spouse of the other for four years is a ground of divorce. It must be shown that there was wilful non-adherence; that it has been persisted a for four years; that

Precedent

a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366. A precedent acquirers added authority from lapse of time, the longer a … binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366. A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to

Charitable purpose

the additive words 'not involving the carrying on of any activity for profit', Additional Commissioner of Income Tax v. Surat Art Silk Cloth Manufacturers Association, Surat, (1980) 2 SCR 77: (1980) 2 SCC 31: AIR 1980 SC

Information

fiche. [Information Technology Act, 2000, s. 2 (1) (v)] The word 'information' in s. 34(1)(b) of the Income Tax Act, 1922 includes information as to the true and correct state of the law and so would cover … instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as

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