Avoidable Consequences - Year 2016 - Judgments

Aug 18 2016 (HC)

Regal Tea Depot through its Partners Vs. Altaf Abumiya Tamboli and Ano ...

Court: Mumbai

Decided on: Aug-18-2016

..... mind the argument which has been raised before me is as a last resort to avoid consequences of the decree that hotel business has been settled by the applicants in 1976 as .....

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Nov 09 2016 (HC)

Canbank Financial Services Ltd. Vs.sfl Industries Ltd. & Anr

Court: Delhi

Decided on: Nov-09-2016

..... security is not sufficient in itself to discharge the surety because the surety can himself avoid consequences of such passivity by himself paying the debt and becoming subrogated to the rights of .....

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May 13 2016 (HC)

Commissioner of Income Tax Vs. Herbalife International India Pvt. Ltd.

Court: Delhi

Decided on: May-13-2016

..... instance of the assessee that the payment is covered by article 12 4 of the dtaa consequently this question is not examined by the court section 40 a i of the act ..... upon several economic and political considerations 55 consequently while deploying the nexus test to examine the justification of a classification under a treaty like the dtaa the line of enquiry cannot possibly .....

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Dec 23 2016 (HC)

Myspace Inc. Vs.super Cassettes Industries Ltd.

Court: Delhi

Decided on: Dec-23-2016

..... by amending the it act intended to create a separate provision and regime for intermediaries to avoid the consequence of a width and sweep of section 79 resulting in blanket immunity to intermediaries ..... nor does it list out any penal consequences for non compliance it sets up a scheme where intermediaries have to follow certain minimum standards to avoid liability it provides for an affirmative .....

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Apr 22 2016 (HC)

Adi Dara Patel and Others Vs. S. R. Jondhale and Others

Court: Mumbai

Decided on: Apr-22-2016

..... it is apparent that petitioners cling to whatever they can lay their hands on to avoid the consequences under the law 119 having said all this once the writ petition is admitted ..... in the lands his position and with the tacit approval of rbi is used to avoid the consequences of the land being covered by the principal act its acquisition and vesting was .....

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Jan 20 2016 (HC)

The General Manager Icci Lombard Gen. Ins., co.ltd Vs. Rajendrashingh ...

Court: Karnataka Kalaburagi

Decided on: Jan-20-2016

..... whether 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 would be liable for ..... mact was justified in attributing contributory negligence to the deceased also in causing the accident consequently we cannot sustain the finding of the mact insofar as it has attributed 60 .....

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Sep 16 2016 (HC)

Gea Egi Contracting / Engineering Co Ltd Vs. Bharat Heavy Electricals ...

Court: Delhi

Decided on: Sep-16-2016

..... had not suspended the agreement in order to avoid its consequences that is to avoid enabling gea to terminate the agreement 33 thirdly ..... applicable a section 14 application made under part i would consequently not be maintainable 17 in view of the above it ..... environmental issues on the aforesaid basis the petitioners sought to avoid their repayment obligations to the respondents pleading that the .....

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May 11 2016 (HC)

Chockalingam Palaniappan Vs. Tamil Nadu Industrial Investment Corporat ...

Court: Chennai

Decided on: May-11-2016

..... deletion of certain prayers seem to have been aimed at avoiding the consequence of under valuation and payment of a lesser court fee ..... prayer and substitution of the same with the following prayer consequently granting permanent injunction restraining the defendants 2 to 10 their ..... the effect of reducing the value of the relief and consequently the court fee payable in any event when the revision .....

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Dec 08 2016 (HC)

Jatinder Kumar Sachdeva vs.the Union of India and Ors

Court: Delhi

Decided on: Dec-08-2016

..... cannot the device of detention of goods in order to avoid the consequences flowing from the seizure of goods in other words if ..... shelter under the device of detention of goods in order to avoid the consequences flowing from seizure of goods in case the custom department ..... june 2014 with no such scn having been given the inevitable consequence therefore is that as mandated by section 110 2 of the .....

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Jul 04 2016 (HC)

Madankumar Kanji Joshi Vs. Kailas and Others

Court: Mumbai Aurangabad

Decided on: Jul-04-2016

..... the tenant is liable to make payment as per the demand to avoid the consequences of non payment 26 in the present matter the tenant sent ..... that the plaintiff did not demand rent from the defendants and he avoided to collect rent from the defendants for the period of 17 years ..... taxes and the liability to pay the taxes but the tenant has avoided to pay the taxes and also the standard rent 14 the civil .....

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