Court : Supreme Court of India
Reported in : AIR2008SC2286; 2008(4)AWC3490(SC); (2008)7SCC502; 2008AIRSCW4088; 2008(4)Supreme445
..... good faith. this formulation allows the interpreter to inquire not into the subjective intent of the author, but rather the intent the author would have had, had he or she acted reasonably. (aharon barak, purposive interpretation in law, (2007) at pg. 87)while referring to its decision in oriental insurance co. ltd. v. brij mohan and ors. ..... cannot supervise or oversee as to how others would be dealing with its product. all statutes have to be considered in light of the object and purport of the act. thus, the decision relied upon by the learned additional solicitor general in union of india v. cynamide india ltd. : [1987]2scr841 ; prag ince and oil mills ..... manufactured by a company. what is marketed for sale is the drug manufactured. manufacture of a drug is controlled by a different statute, namely the drugs and cosmetics act, 1940. process of marketing the drug as also the maximum price which can be charged have direct relation with manufacture and also the date thereof. the wrapper/ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (SCSuppl)2008(4)CHN15; 2008(3)CTC775; [2008(4)JCR81(SC)]; (2008)6MLJ133(SC); 2008(13)SCALE378; 2008(7)SCC544
..... whether incorporated or not.explanation ii.- the personal law shall not be relevant or be taken into consideration in determining the composition of the family for the purposes of the act;section 2(g) - land holder' means a family as defined in clause (ee) holding land as raiyat or as under-raiyat or a mortgagee of land in possession ..... the appellants mainly contended that after inordinate delay of 14 years, the collector was not justified in re-opening a concluded proceeding in exercise of power under section 45b of the act. he also contended that even if the transfers made by the land holders in the year 1972 in favour of the mortgagees are to be ignored on ..... 12 bigha 19 katha 10 dhur of land which were sold to the mortgagees - md. kuddus and md. alam respectively. an enquiry was contemplated under section 5(iii) of the act and the transfers found to be genuine and valid as the transferees were found in actual physical and cultivating possession of the lands transferred and their names were .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)4MLJ696(SC); 2008(7)SCALE255; (2008)5SCC1; 2008(3)SLJ189(SC); 2008(3)Supreme651
..... contract of service....5. as noted herein earlier in this writ petition, the challenge has been confined only to the proviso of the added sub-section (1a) of section 11 of the act. mr. arun jaitley, learned senior counsel appearing on behalf of the writ petitioner submitted at the first instance that the provisions, no doubt, ..... person who may be coming to hold the same office of director in future.6. we have carefully examined the proviso to the added sub-section (1a) to section 11 of the act. reading the proviso in the manner as aforesaid, the writ petitioner has challenged its constitutional validity mainly on the following grounds:(i) the ..... 217 of this decision).16. chief justice patanjali sastri further referred to his own dissenting judgment in charanjit lal chowdhury v. union of india and ors. : [1950]1scr869 and observed that similar view was taken in ameerunnissa begum's case (supra). the former chief justice patanjali sastri, in the same decision proceeded to observe:whenever .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2467; JT2008(6)SC330; (2008)9SCC204; 2008AIRSCW3785; AIR2008SC2467
..... they had named the accused as persons allegedly assaulting the deceased. they had not. although contradictions in the statements of the witnesses vis-`-vis their statements under section 161 of the code of criminal procedure were noticed, the learned trial judge did not discuss the same stating that they were only minor in nature. they ..... was carried into the house but expired soon thereafter. on enquiry, it was revealed that mohd. mustafa and jakir ahmad had also been seriously hurt. an army vehicle again returned to the place of incident and the injured were sent to the nagaon civil hospital and the dead bodies to police station daboka. the first ..... strictures against the special investigation squads set up to investigate crime committed in the course of those riots. the commission observed that these special investigation squads had acted in a partial and biased manner against one community. we take note of this finding and feel that there are many instances where the special investigation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008BusLR482(SC); (2008)2CompLJ405(SC); JT2008(5)SC657; 2008(6)SCALE523; (2008)10SCC556
..... ,new delhi-110001.sub: alleged violation of licence conditions. whereas m/s. tata teleservices ltd. (m/s ttsl) has been granted licence under section 4 of indian telegraph act, to establish, maintain and operate telegraph services in the following service areas:s. service area licence agreement no.no.____________________________________________________1. andhra pradesh 10-02/ ..... walky as wll(m) which amounts to change in licence conditions. according to the appellants, reclassification could have been done only by trai under section 11 of 1997 act and not by dot. therefore, as can be seen from the above arguments, it is clear that the basic complaint of the appellants is ..... conditions of a licence granted by dot whereas obligation to pay interconnection usage charges/adc is determined by trai through its regulations framed under section 36 of the 1997 act in conformity with the licence conditions.6. by a policy decision of government of india in 2001, basic service operators having the licence .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(3)KLT257; (2008)IIILLJ306SC; 2008(8)SCALE196; (2008)5SCC280
..... , discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or ..... the aforementioned decision. the question which arose for consideration therein was as to whether a workman even after an order of discharge could maintain an application under section 33c(2) of the act claiming lay off compensation, in response whereto this court held:in u.p. electric supply co. v. r.k. shukla : (1969)iillj728sc this court ..... the time of the application. in other words the term 'workman' as used in s. 33c(2) includes all persons whose claim, requiring computation under this sub-section, is in respect of an existing right arising from his relationship as an industrial workman with his employer. by adopting this construction alone can we advance the remedy .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1992; 2008CriLJ2558; JT2008(6)SC212; 2008(6)SCALE185; (2008)5SCC248; 2008AIRSCW2870; (2008)2SCC(Cri)582; 2008(3)AICLR169; 2008(3)Supreme153; 2008(3)LH(SC)1791
..... hand, it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution and the said provision.use of the expression, 'official duty' ..... out by learned counsel for the appellant that on the basis of the fir given by the appellant, respondent no. 2 has been convicted under section 18a and 28 of the drugs act and sections 420 and 468 ipc.6. in support of the appeal, learned counsel for the appellant submitted that the factual scenario as noted above goes ..... , it was held: (scc pp. 184- 85, para 17) the words 'any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty' employed in section 197(1) of the code, are capable of a narrow as well as a wide interpretation. if these words are construed too narrowly, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2195; JT2008(5)SC589; (2008)5MLJ682(SC); RLW2009(1)SC760; 2008(6)SCALE597; (2008)7SCC695
..... . a will is not an ordinary document. it although requires to be proved like any other documents but the statutory conditions imposed by reason of section 63(c) of the act and section 68 of the indian evidence act cannot be ignored. in b. venkatamuni v. c.j. ayodhya ram singh and ors. : air2007sc311 , this court held:it is, however, well ..... question of its proving the execution does not arise. an integral part of the document for the purpose of satisfying the tests laid down under section 63(1)(c) of the act and section 68 of the evidence act must mean a complete document.37. in 'jarman on wills', volume 1, eight edition (sweet & maxwell) at pages 145-46 on incomplete ..... up a written will, although spoken in the presence of the proper number of witnesses, can not be admitted to probate as a nuncupative will.38. section 103 of the act speaks of a residuary bequest but the same evidently has no application in this case. the execution of the will becomes impossible both in respect of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ1619; AIR2008SC3244; 2008(4)ALD1(SC); JT2008(6)SC63; 2009(1)KarLJ346; 2008(6)MhLj167; RLW2009(1)SC294; 2008(7)SCALE242; (2008)5SCC142; 2008(5)SCC142; (2008)2SCC(Cri)545; 2008(3)Supreme242; 2008(4)LH(SC)2397
..... consideration of the expenses which he would have incurred towards maintaining himself, had he been alive. 8. whereas in determining an application for grant of compensation under section 166 of the act, the tribunal may be entitled to find out actual loss of damages suffered by the claimants, the formula having not envisaged such a contingency, we are ..... half thereof. for determining the amount of compensation, the most relevant factor, therefore, is the income of the deceased. he was a tutor. he was admitted in the army teachers training institute. he had the requisite potential of becoming a teacher. his income, thus, having been estimated at rs. 3,000/- p.m. cannot be said to ..... his death. the court referred to these two elements in the gobald motor seivice's case. these two elements were to be awarded under section 1 and section 2 of the fatal accidents act, 1855 under which the claim in that case arose. the court in that case cautioned that while making the calculations no part of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2175; [2008(117)FLR1187]; JT2008(6)SC375; (2008)IIILLJ612SC; 2008(7)SCALE284; (2008)5SCC645; 2008(3)SLJ429(SC)
..... makes the position better. the object of regulation 24 is clear that the benefit is available for rendering service in the military has to be obtained from the army, if he is entitled to it. the decision in state bank of india v. d. hanumantha rao and anr. : (1999)iillj332sc on which strong reliance ..... the period of military service should be included for the purpose of computing the pension. the high court dismissed the writ petition holding that the benefit of earlier army service in terms of rule 6 of the released emergency commissioned officers and short service commissioned officers (reservation on vacancies) rules, 1971 (in short 'rules') and ..... high court dismissing the writ petition filed by the appellant. 3. background facts in a nutshell are as follows:appellant joined short service commission in the indian army. there was an advertisement issued by the respondent- syndicate bank (hereinafter referred to as the 'bank') inviting applications for the posts of junior officers. out .....
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