...accepted by the ITO, the AAC and the Tribunal. Considering the totality of all the circumstances, it was held that the assessee's claim for the assessm...instance of the assessee :"1. Whether, on the facts and in the circumstances of the case, there was any material for holding that the assessee was carrying on b...April 1964 to June 1964 ?2. Whether, on the facts and in the circumstances of the case, the claim of the assessee in respect of development rebate has ...

...contentions raised and thereafter taking a totality of all the circumstances, did not find it necessary to interfere with the conclusions arrived at by the Enquiring Authority and affirme...considered the contentions raised and then taking a totality of the entire circumstances agreed with the order of the Disciplinary Authority and dismissed the appeal. In...1. This appeal is directed against the judgment of the Division Bench of Karnataka High Court. By the impugned judgment the Division Bench of High Court came to hold that ...

...into consideration the totality of all the circumstances, I am of the opinion that when proceedings under ...divorce petition filed by the respondent. An attempt was made for reconciliation but the respondent on account of certain circumstances is unable to resume cohabitation with the petitioner...M.M.S BEDI, J. (ORAL)The petitioner-wife has filed this petition under Section 24 of the CPC, for transfer of a divorce petition titled‘Surinder Singh...

...fair trial at the same place. We are also of the opinion that the Public Prosecutor cannot act on the dictates of the State Government, he has to act objectively as he is also an officer ...all members of Legislative Assembly are the petitioners in Transfer Petition No. 179 of 2008. Respondents 1 to 10 are the accused in the case relating to FIR No. 15 and Respondent 11 is ...trial of such offences relating to corruption and other issues as to the requirement of sanction for prosecution. The entire batch of matters and all issues on law were decided by this Court by a...

...children of the parties are residing with the respondent and he is looking after and maintaining them. Further the mother of the respondent is also dependent upon him.... CRR(F)-243 of 2023(O&M) -1- In the High Court of Punjab and Haryana at Chandigarh 112 CRR(F... **** JAGMOHAN BANSAL, J. (ORAL) The petitioner, through the instant petition is seeking modification of order...

...the purpose of considering whether the offence committed was of a serious nature, but it is the totality of all the circumstances which have to be taken into ac...Surinder Singh, J.:— This Judgment will dispose of Criminal Writ Petition Nos. 25 and 28 of 1979, as the facts in both the cases are quite parallel and the point involved is also the sa....2. For the purposes of this judgment, the facts in Criminal Writ Petition No. 25 of 1979 shall be noticed. It is undisputed that the petitioner alongwith twelve others was convicted...

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...perfectly empowered to take appropriate decision as to the nature of the findings on the proof of guilt. Once there is a finding as regards the proof of misconduct, what should be ...recommendation made by the Public Service Commission. Taking all the facts and the circumstances of the case, the Government had accepted the finding of ...evidence of PW 1, it cannot be said that the finding is based upon no evidence. It is for the disciplinary authority to take into consideration all the relevant facts and circumstances. If ...

...the interest of prosecution but also against the interest of the other accused persons, the prosecution witnesses and the convenience of all conc...criminal cases, observed as follows: - "48. The analysis of all the materials, the transfer of the case as sought for, at this stage, is not...considerations but cannot override all other considerations such as the availability of witnesses exclusively at the original place, making it virtually impossible to continue with ...

...will not be done in a given case alone does not suffice. Considering the totality of all the circumstances, we are of the opinion that in a secular, democratic Government, govern... IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31STDAY OF JANUARY, 2020 BEFORE...Section 407 of Cr.P.C praying to transfer of the C.C.No.470/2018 (PCR No.43/2018) before the Civil Judge and JMFC, Shahapur, Yadgiri District to Bengaluru, Jurisdictional Court for kind consideration...

...evidence to prove this fact. The Court has to consider the explanation in totality of all the circumstances. The provision of Order XV, Rule 5 ...dismissed by respondent No. 1 on 17.2.1999. 4. The first question is as to what is the date of first hearing in the facts and circumstances of the present case. ...consider whether in such circumstances, the discretion should be exercised to strike off the defence. The Court did not examine this aspect of the matter. It is settled principle that the...

...:—“48. The analysis of all the materials, the transfer of the case as sought for, at this stage, is not only against the interest of p...proceedings. Since investigation in all three cases are concluded and charge sheet has been filed, the apprehension of interference in the cases by the State administration is contended to be wholly...unfounded. The government counsel then refers to the large number of witnesses in the cases to point out that all of them are residents of the State of Uttarakhand and t...

...where the return of income is filed by the creditors of the assessee and is accepted by the Department, and the payments are through a/c payee cheques the genuineness of...clear lack of inquiry on the part of the assessing officer once the assessee had furnished all the material which we have already referred to above. In such an eventuality no addition can...JUDGMENTBADAR DURREZ AHMED, J (ORAL)In this appeal the following question of law has been framed for our consideration by virtue of the order dated 16.10.2011...

...nature of the particular misconduct or the past record of service of the employee, so as to amount to a shockingly disproportionate punishment.’”4. The Labour Court consider...ever impose in like circumstances, the Tribunal may treat the imposition of such punishment, as itself showing victimisation or unfair labour practice..”7. The Industrial Court thus...1. The petitioner was employed under the respondent No. 1 company and he was awarded punishment of dismissal by an order, dated August 24, 1995, on the ground of habitual absenteeism. This...

...the motivation for it. In such a case the management action has to be viewed in the context of the entire back ground in which the action was taken, the circumstances preceding i.... Pai, to remove if it were to succeed. This is the finding returned by the Labour Court that when the management action is viewed in the context of the totality of all ...wages and all benefits including continuity of service subject to certain deductions and adjustments. The petition was filed in the following circumstances.2. Respondent No. 1 the...

...and value and that the pecuniary benefit from these services in the domestic front as well as in the agricultural operations of the husband when the wife may have acted as a helpful hand will have...Tribunal is just and adequate on the facts and in the circumstances of the case.8. The deceased Maya Devi was a young lady of about 25 years of age. According to ...their upbringing.13. In Mehmet v. Perry, (1977) 2 All ER 529 : 1978 ACJ 112 (QBD, England), following the death of his wife, the plaintiff had given...

...merely the particular act that leads to the damage.”In the infinite variety of ways in which these questions arise, the determination whether the act of the serva...& Lindsell*** states:“In determining whether a wrongful act is done by a servant in the course of his employment all the surrounding circumstances must be taken into account and not..., therefore, is that the act of the driver viewed in the back ground and as part of all the surrounding circumstances, cannot be isolated from the course of emp...

..., the transfer of the case as sought for, at this stage, is not only against the interest of prosecution but also against the interest of the other accused ...was, speaking for the three judge Bench, on the issue of transfer of criminal cases, observed as follows: - "48. The analysis of all...petition, which will always have to be decided on the facts of each case. Convenience of a party may be one of the relevant considerations but cannot override all other...

...only against the interest of prosecution but also against the interest of the other accused persons, the prosecution witnesses and the convenience of ...criminal cases, observed as follows: - "48. The analysis of all the materials, the transfer of the case as sought for, at this...cannot override all other considerations such as the availability of witnesses exclusively at the original place, making it virtually impossible to continue with the trial at ...

...of the married parties and the families, scale and mode of their living, the age, habits, wants and class of life of the parties, day to day needs, cost of reasonable li...) seeking an order that defendants be directed to file all documents of title and also income tax records with regard to the assets owned by them singly or jointly and/or in the name of HUF..., AIR 1929 P.C 128, has observed that maintenance depends upon a gathering together of all the facts of the situation, the amount ...