.....stage of the appeal to substantiate his plea about sale of scooter prior to the occurrence of accident, the appeal is found devoid of substance and is dismissed. mac appeal no.1171/2011 page 2 of 3 7. by order dated 23.12.2011, the appellant had been directed to deposit the awarded amount with upto date interest with the registrar general as a pre-condition to stay against execution. the amount deposited was directed to be put in the fixed deposit receipt with uco bank, delhi high court branch with provision for auto-renewal. it appears the appellant had deposited rs. 75,000/- in terms of the said directions. the amount deposited with accrued interest shall be released to the claimant in terms of the impugned judgment.8. the statutory deposit that would have been made is also forfeited as costs in favour of the claimant.9. the appellant shall be obliged to satisfy the award by requisite further deposit with tribunal within 30 days failing which the claimant may enforce by execution proceedings before the tribunal.10. the appeal is disposed of in above terms. r.k.gauba, j.november08 2017 nk mac appeal no.1171/2011 page 3 of 3
Tag this Judgment! Ask ChatGPT.....8b (4) read with rules 16 and 18 of the customs tariff (identification and assessment of safeguard duty) rules, 1997 (‗safeguard rules‘). facts regarding kesoram rayon 4. kesoram rayon (‗kr‘), a unit of cygnet industries limited (cil) is the... petitioner in w.p. (c) nos. 146 and 5095 of 2017. cil is a wholly-owned subsidiary of kesoram industries limited (‗kil‘) and has its registered office in kolkata.5. in the year 2005, kr made an application for initiation of anti-dumping investigation with regard to imports of cellophane transparent film (‗ctf‘) originating in or exported from china pr. in relation to ctf, kr is the domestic industry. pursuant to the above application, on 27th september 2005, the da initiated anti-dumping investigation. the da issued on 28th july 2006 its final findings and recommended the imposition of add on import of ctf from china pr. on 7th september 2006, on the recommendation of the da, the central government (respondent no.2) issued notification no.94/2006 imposing definitive add for a period of five years.6. towards the end of the five year period, on 1st december 2010, kr filed an application under section 9a (5) of the cta.....
Tag this Judgment! Ask ChatGPT.....the noticee is able to point out that proposed action is not warranted in the given case, even if the defaults/ breaches complained of are not satisfactorily explained. when it comes to black listing, this requirement becomes all the more imperative, having regard to the fact that it is harshest possible action.22) the high court has simply stated that the purpose of show cause notice is primarily to enable the noticee to meet the grounds on which the action is proposed against him. no doubt, the high court is justified to this extent. however, it is equally important to mention as to what would be the consequence if the noticee does not satisfactorily meet the grounds on which an action is proposed. to put it otherwise, we are of the opinion that in order to fulfil the requirements of principles of natural justice, a show cause notice should meet the following two requirements viz: the material/ grounds to be stated on which i) according to the department necessitates an action; w.p.(c) 5140/2017 page 3 of 5 ii) particular penalty/action which is proposed to be taken. it is this second requirement which the high court has failed to omit. we may hasten to add that even if it is.....
Tag this Judgment! Ask ChatGPT.....savings to the family.8. since the deceased was a regular and permanent employee of the bank, the element of future prospects had to be factored in. going by the ruling of the constitution bench of the supreme court rendered on 31.10.2017 in slp (c) 25590/2014, national insurance company ltd. vs. pranay sethi and ors., this factor will have to be restricted to 15%.9. it appears that the first claimant shakuntala appearing as her own witness pw-1 admitted that the eldest daughter poonam (second claimant) was in private job. but then, it has to be remembered that she was just 22 years old and being unmarried would still be dependent on the father. the mere fact that she may have joined some service around the time of the death would not keep her claim out of consideration. in these circumstances, deduction on account personal and living expenses will have to be to the extent of one-fourth.10. on the income of rs.33,486/-, the income tax liability, as per the prevalent rates, for the financial year 2010-2011 would be about rs.15,000/-, which will have to be discounted.11. as per voter identity card (ex. pw1/5), the age of the deceased as on 01.01.2008 was 53 years. in.....
Tag this Judgment! Ask ChatGPT.....has taken the plea in the counter-affidavit filed on behalf of the respondent no.2 that the gaon sabha has been shown as the recorded owner. this fact is disputed by the learned counsel for the petitioner. but, we are not entering into the controversy of title which may be sorted out elsewhere. insofar as the acquisition is concerned, the same has lapsed because neither physical possession was taken over nor compensation was paid.6. a copy of this order be sent to the standing counsel for the government of nct of delhi so that the appropriate gaon sabha, through the bdo (south-west), can be informed accordingly and, if any necessary steps are to be taken, the same can be taken.” 7. reliance is also placed on a decision rendered by another division bench of this court in the case of ajit singh mann v. union of india, w.p.(c) 7871/2014. para 9 of which reads as under: “9. so far as the respondent’s objections with respect to the petitioner’s entitlement in w.p.(c) no.7871/2014 is concerned, the court notices that the revenue document relied upon i.e. khatauni for the period 1984-85 clearly records that the petitioner’s vendor, was the owner of the property. the w.p.(c).....
Tag this Judgment! Ask ChatGPT.....its case beyond reasonable doubt that subhash chand (a-1) had committed offence punishable under section 3ipc. the trial court took note of the fact that upender (pw3) remained admitted in jail hospital after his arrest from 17th march 2005 to 1st april crl.a. 248/2014 & connected matters page 13 of 19 2005 and continued receiving his treatment for the same injury from ihbas even after being released from jail. it concluded that “treatment record of pw3 and other medical evidence which has come on record proves that he suffered grievous and serious injuries in this incident.” 30. this court has heard the submissions of mr. mohit mathur, learned senior counsel and mr. umesh sinha, advocate for surender singh and upender singh (in criminal appeal nos. 248 of 2014, 1154 of 2014 and 766 of 2014), mr. dinesh garg, learned counsel for subhash chand (criminal appeal no.42 of 2014) and ms. radhika kolluru and ms. kusum dhalla, learned app for the state in all the matters. free fight and culpable homicide 31. in the case against upender singh and surender singh arising out of fir no.102 of 2005, the finding of the trial court is that “it was a case of free fight and both groups.....
Tag this Judgment! Ask ChatGPT.....now transpired that petitioner is suffering from eczematous dermatitis and this information could not be divulged to respondent- bank because this fact was recently discovered on 13th october, 2017.5.... petitioner ought to have disclosed the aforesaid information to respondent no.3-canara bank but in the facts and circumstances of this case, petitioner is now permitted to do so, by making a concise and comprehensive representation along with medical proof to respondent no.3- canara bank within three working days. if fsl, hyderabad has received the specimen handwriting and signatures of petitioner for comparison with the questioned handwriting and signatures, then the said process be expedited and its result be conveyed to respondent-bank, w.p.(c) 9854/2017 page 2 of 3 preferably within three weeks of receipt of this order. let a reminder be sent to fsl, hyderabad by respondent no.3- canara bank along with a copy of this order to ensure its compliance. respondent no.3-canara bank, within three weeks of receipt of report from fsl hyderabad in respect of handwriting and signatures of petitioner, shall take the decision on petitioner’s representation and convey it to petitioner.....
Tag this Judgment! Ask ChatGPT.....in slp (c) 25590/2014, national insurance company ltd. vs. pranay sethi and ors., 15% future prospects of increase in income will have to be factored in.7. thus, the dependency loss is re-calculated as [rs.17,000/- xx x 12 x 11]. rs.17,20,400/- (rupees seventeen lakh twenty thousand and four hundred only).8. the non-pecuniary heads of damages will also have to be brought in sync with the dispensation in pranay sethi (supra). thus, an amount of rs.70,000/- being added, the total compensation in the case comes to [rs.17,20,400/- + rs.70,000/-]. rs.17,90,400/-, rounded off to rs.17,91,000/- (rupees seventeen lakh and ninety one thousand only).9. in above view, the award instead of being reduced, needs to be enhanced. ordered accordingly. it shall carry interest as levied by the tribunal. maca no.1135/2011 page 3 of 4 10. by order dated 19.12.2011, the insurance company had been directed to deposit the entire awarded amount with up-to-date interest with the registrar general and, by subsequent order dated 25.05.2012, rs.1,00,000/- was permitted to be released to the second respondent. the balance lying in deposit shall also now be released to the claimant. the insurance.....
Tag this Judgment! Ask ChatGPT.....the loss is properly calculated with reference to the date of eventual retirement from present engagement. since the claimant was 39 years old, such factor would be to the extent of 50%.7. the tribunal has found from the evidence that the annual income of the claimant during financial year 2006-2007 was rs. 3,50,708/- and, after deduction of income-tax, the net annual income would come to 3,32,000/-. the notional income for purposes of calculating the loss of future income due to disability is, thus, calculated as (3,32,000 x 150÷100) rs. 4,98,000/-. the loss of income due to disability post retirement is, therefore, computed as (4,98,000 x 90 ÷ 100 x9) rs. 40,33,800/-. the tribunal having calculated the amount under this head in the sum of rs. 34,86,000/-, the award needs to be enhanced on this score by (40,33,800 – 34,86,000) rs. 5,47,800/-.8. the exception taken to the inclusion of rs. 2,00,000/- on account of loss of future prospects is incorrect. it appears that the mac app. no.1074/2011 & conn. page 4 of 6 tribunal has not properly expressed the head of the award. it was intended to cover the loss of promotional avenues. therefore, there is no reason for this court to.....
Tag this Judgment! Ask ChatGPT.....8b (4) read with rules 16 and 18 of the customs tariff (identification and assessment of safeguard duty) rules, 1997 (‗safeguard rules‘). facts regarding kesoram rayon 4. kesoram rayon (‗kr‘), a unit of cygnet industries limited (cil) is the... petitioner in w.p. (c) nos. 146 and 5095 of 2017. cil is a wholly-owned subsidiary of kesoram industries limited (‗kil‘) and has its registered office in kolkata.5. in the year 2005, kr made an application for initiation of anti-dumping investigation with regard to imports of cellophane transparent film (‗ctf‘) originating in or exported from china pr. in relation to ctf, kr is the domestic industry. pursuant to the above application, on 27th september 2005, the da initiated anti-dumping investigation. the da issued on 28th july 2006 its final findings and recommended the imposition of add on import of ctf from china pr. on 7th september 2006, on the recommendation of the da, the central government (respondent no.2) issued notification no.94/2006 imposing definitive add for a period of five years.6. towards the end of the five year period, on 1st december 2010, kr filed an application under section 9a (5) of the cta.....
Tag this Judgment! Ask ChatGPT