Avoidable Consequences - Judgment Search Results

Uttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...

Court: Appellate Tribunal for Electricity APTEL

..... 8217 the reasoning of undue influence advanced by npcl appears to be an afterthought to avoid consequences of the contract i am in full agreement with views of the judicial member ..... generation capacity and for encouraging trading in electricity for optimum utilization of generation resources and consequently for reducing the cost of supply 8221 emphasis supplied 35 the electricity policy clearly .....

Sudhir Kumar Rana Vs. Surinder Singh and ors.

Court: Supreme Court of India

Reported in: 2008ACJ1834; AIR2008SC2405; 2008(3)ALLMR(SC)907; JT2008(7)SC131; 2008(3)KLT322(SC); (2008)5MLJ1386(SC); 2008(8)SCALE594

..... person said to be guilty of contributory negligence only when he made no efforts to avoid consequences of other person s negligence negligence should be on the part of both the persons ..... annamalai and ors air1990mad201 6 a contributory negligence may be defined as negligence in not avoiding the consequences arising from the negligence of some other person when means and opportunity are afforded .....

Patel Rajnikant Dhulabhai and anr. Vs. Patel Chandrakant Dhulabhai and ...

Court: Supreme Court of India

Reported in: AIR2008SC3016; 2008(5)ALLMR(SC)409; 2008CriLJ3891; (2009)1GLR454(SC); JT2008(8)SC364; (2008)7MLJ376(SC); 2008(10)SCALE349; 2008(2)LC945(SC); AIR2007SCW5076; 2008(4)LH(SC)2728

..... a property the so called defence therefore is apparently to avoid consequences of contempt proceedings 37 moreover the defence does not ..... found to be an afterthought and was raised to avoid consequences of contempt proceedings contempt of courts act 1971 section ..... committing breach of such orders could not escape the consequences of such disobedience and violation thereof accordingly the court .....

Geoconsult Zt Gmbh C/O Thingna and Contractor Chartered Accountants Vs ...

Court: Authority for Advance Rulings

..... place of management branch etc as enumerated in article 5 of the dtaa consequently there is no pe in india and the income cant be taxed ..... in default and shall indemnify the other member in respect of the consequences ref clause 12 2 the revenue has also drawn attention to ..... in default and shall indemnify the other member in respect of the consequences 12 7 any sums received by jv in payment for the .....

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2008)111ITD53(Delhi)

..... a harmonious construction of these provisions is necessary for avoiding the consequences of rendering one provision totally ineffective at the cost ..... the two provisions should be construed so as to avoid the consequence of rendering one provision as redundant or nugatory ..... nullified this according to him will result in unintended consequences according to him the correct interpretation of the proviso .....

The Hubli-dharwad Municipal Corporation by Its Commissioner Unit Offic ...

Court: Karnataka

Reported in: AIR2009Kant41

..... read over at the time of auction and to avoid the consequence the plaintiff had come up with false and untenable ..... fulfil the further requirements the consequence necessarily visits upon the plaintiff and such consequence cannot be avoided in law and it is ..... cannot constitute a justification to relieve the plaintiff from legal consequences of not remitting the balance bid amount particularly in the .....

Smt. Nasreen Banu W/O Late Syed Maksood Alum and ors. Vs. the Division ...

Court: Karnataka

Reported in: 2009ACJ1906; ILR2009KAR385:2009(1)KCCR810:2009(2)AIRKarR23:AIR2009NOC1111(D.B)

..... either party could by exercise of reasonable care have avoided the consequence of the other s negligence whichever party could have avoided the consequence of the other s negligence negligence would be liable ..... the lorry driver and the motorcyclist were not careful enough to avoid the avoid the accident which they could have avoided if only they had adhered to minimum safety precautions however under .....

Jyoti Markam Vs. State of M.P. and ors.

Court: Madhya Pradesh

Reported in: AIR2008MP197

..... a harmonious construction as one part is being destroyed and consequently court should avoid such a construction 14 british airways pic v union of ..... scrutiny it would be revealed that there is possibility as a consequence of which reservation facet may be disturbed 8 it is ..... a statute the courts are required to keep in mind the consequences which are likely to flow upon the intended interpretation 15 .....

Neelam Kumari @ Neelam Devi Vs. the State of Bihar and ors.

Court: Patna

..... order 6 rule 17 or order 1 rule 10 to avoid the consequences of non joinder for which a special provision is to ..... be urged simplicitor that merely because a comparative statute provides for consequences of noncompliance absence of such a provision in the corresponding ..... of the representation of people act 1951 providing for the consequences of non joinder of such necessary parties and therefore the .....

The Commissioner of Central Excise Vs. Shruti Colorants Ltd.

Court: Mumbai

Reported in: (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358

..... by the party there is no justification whatsoever to avoid the consequences of the expression shall by reading out as may ..... appeal therefore succeeds and the impugned order is set aside consequently the application for condonation of delay filed in the high ..... used by the legislature purposefully and being mindful of their consequences and relevancy under the scheme of the provisions obviously it .....