Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... doubt in the interpretation of the words in the section, the heading certainly helps us to resolve that doubt.1095. in indian aluminium company etc. v. kerala state electricity board : [1976]1scr70 bhagwati, j. said:it is true the marginal note cannot afford any legitimate aid to a construction of a section, but it can certainly ..... to restrict the applicability of the exemption clause in section 5(2)(a)(ii). the statement of objects and reasons admitted in clear and explicit terms that....249. in mangalore electric supply co. : [1978]113itr655(sc) (supra) chandrachud, j. (as he then was) relied on the legislative history of the provision of the statute concerned in order ..... the intent of the speeches made by the earl of munster in the house of lords and the secretary of state for india, mr. l.s. amery, and mr. pethick lawrence in the house of commons when the india (miscellaneous provisions) bill was introduced in the two houses. although they spoke of 'the transfer' of high court judges, it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572
..... averments indicating the negotiations and further developments in the matter and then states that the ministry of power, government of india having indicated that 'in principle' clearance of construction of upper krishna hydro-electric power project at almatti, contemplating the height of the dam at 524.256 meters was contrary to the award of the ..... the defendant kamataka from planning increased utilisations by taking into account quantities of 34 tmc regeneration, 23 tmc of water by diversion of godavari waters and of 50% of the surplus flows becoming available after the adoption of scheme 'b' devised by the tribunal. it is contended that the tribunal having not provided for ..... conferring power on the central government to regulate and to issue directions whenever necessary. the several provisions of the constitution have been tested in the last 50 years and there is no reason to conceive that any state will force ahead with its project concerning user of water in respect of inter state .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR329
..... that language in a contract has been disapproved in raneegunge coal association v. tisco, . the judicial committee in bomanji wadia v. secretary of state for india, 31 bom.l.r. 256(p.c.) expressly disapproved of looking into antecedent communings to ascertain the meaning of a contract when the contract was embodied in a formal ..... a two-judges bench saw no reason to exclude a subsequent interpreting statement to determine the effect of an instrument. unlike fuzhakkal & tiblo (supra), the court in godhra electric co., specifically chose to notice and approve of abdulla ahmed, : [1950]1scr30 in paragraph 19 of the report. again a two judges bench in rajkumar v. state ..... ratan villa by maneckabad structures. thirdly there is a reference to the trustees having a right over ground and underground in the matter of water pipes, electricity and telephone wires and sewer drains etc. the basic identity theory is of little assistance for we cannot discern the minds of people in relation to events .....
Tag this Judgment!Court : Chennai
Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)
..... white v. mellin, the decision followed invariably without fail by indian courts, is the one in de beers abrasive products ltd and ors. v. international general electric co. of new york ltd and anr. 1975 (2) all er 599, wherein the chancery division followed the ratio in evans v. harlow and white v ..... and is made to influence or tends to influence the public not to buy. 37. in eureka forbes ltd.,-v.- pentair water india (p) ltd 2007 4 k.l.j. 122, the karnataka high court also followed the ratio laid down in all the aforesaid rulings and granted an injunction restraining the ..... . mediation failed and suit pending._________________________________________________________________________________________________w.p. no. 4165 high court, delhi jay kanak bhai bhatt v. union this writ petition of 2006 of india challenges the grant of registrationof a trade mark infavour of colgate, on theground thatthe trade marks registry,granted registrationin a colour combination, afteradvertising in the journal .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... contractual obligations but include every duty enforceable by law or individual or government. he placed reliance on firm kishore chand shiva charon lal v. budaun electric supply co. ltd. : air1944all66 , wherein the submission that relief of specific performance could be granted only in relation to contracts under the specific ..... widen or narrow the definition. the process of construction, therefore, combines both literal and purposive approaches. we are tempted to quote from the judgment in rbi v. peerless general finance & investment co. ltd. air 1987 sc 1023, where justice o. chinnappa reddy, speaking for the court observed:-- 'interpretation ..... ; a. venkataseshayya v.virayya air 1958 ap 1 ; panthalakunntimmalpokkutty's daughter kunheema umma v. puthalath balakrishnan nair : air1967ker97 ; union of india v. tarachand gupta & bros. : 1983(13)elt1456(sc) ; m.l. sethi's case (supra) and ittyavira mathai v. varkey varkey : [1964]1scr495 . the principles laid down in these authorities are .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... , j. in jackson v. metropolitan edison company as against the majority opinion of rehnquist j. and again in air india v. nergesh meerza this court whilst preferring the minority view in general electric company v. martha v. gilbert said that the provisions of the american constitution cannot always be applied to indian conditions ..... his counter affidavit. he submits that in the counter affidavit it has been stated that '13 cats ambulances along with 26 paramedics reached the uphaar site within 50-55 minutes. currently the ambulances have been linked through motorala radio trunking wireless communication equipment, which has reduced the response time to 10-15 minutes.' mr ..... bombay v. kathi kalu oghad reported in air 1961 sc 180; ramanlal bhogilal shah & anr. v. d.k. guha & ors. : 1973crilj921 and smt. nandini satpathy v. p.l. dani & ors. : 1978crilj968 .19. mr. desai lastly submitted that by prayers (c), (d) and (e) the petitioners seek damages and punitive damages from respondents jointly and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... .; sri venkataramana devaru and ors. v. the state of mysore and ors. see also bourne v. keane 1919 a.c. 815 at 861 per lord birken-head l.c.). thus, in india, citizens and non-citizens possess and are entitled to exercise certain rights of high significance for the sole reason that they are conferred upon them by the constitution.2182 ..... the act was ultra vires the constitution. some more cases like ranasinghe's [1965] a.c. 172 case, taylor v. attorney general of queensland 23 c.l.r. 457, mangal singh v. union of india [1967] 2 s.c.r. 109 at 112, were cited to show that constitutional laws permit implications to be drawn where necessary. no body disputes that ..... if the language of the enactment is clear the preamble cannot nullify or cut down the enactment. the judicial committee in the secretary of state for india in council v. maharajah of bobbili i.l.r. 43 mad. 529 said that the legislature may well intend that the enacting part should extend beyond the apparent ambit of the preamble or the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)
..... supreme court, therefore, had no difficulty in upholding the validity of section 424 of revenue act of 1928 in the case of united states v. jefferson electric manufacturing company 78 l.ed. 859. section 424 provided:section 424 refund of automobile accessories tax.(a) no refund shall be made of any amount paid by or collected from ..... duties of customs which would be leviable under section 12 of the customs act, 1962 (52 of 1962), on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by reference to their value, the value of such excisable goods shall, notwithstanding anything contained in ..... , senior advocates, who appeared for the different assessees (claimants) and sri k. parasaran and sri m. chandrashekhar, senior advocate who appeared for the union of india.2. stated briefly, the controversy centers round the tenability or otherwise of the claim for refund of the amounts paid be way of excise duty under the central .....
Tag this Judgment!Court : Supreme Court of India
..... comprehensive consultancy services in project conceptualization covering topographical and contour survey by using total stations, prepare survey site plan showing existing structures, trees, electric poles etc. with geo-coordinates, geotechnical investigations along with reports, survey space utilization, functional relations, preparation of master plan including obtaining ..... vice chairman chairman ii. engineer member iii. principal commissioner iv. commissioner (plg) v. commissioner (ld) vi. commissioner (lm) vii. chief architect viii. chief engineer (electrical) 210 ix. additional commissioners (planning)- i, ii, iii & mpmr x. director (landscape) xi. director (building) other government departments i. chief town planner ( ..... scc549(paras 66 to 69, 72 to 76, 78 and82) 65 (2017) 9 scc499(paras 208, 209 and210) 50 & forests & ors.66 and goel ganga developers india private limited67.68. in counter affidavit filed by cpwd, it is submitted that the new parliament building is being constructed .....
Tag this Judgment!Court : Supreme Court of India
..... the correct beneficiary and ensure targeted delivery of subsidies, benefits and services , the expenditure for which is incurred from the consolidated fund of india. 50 the decision of the speaker incorporated into a certificate sent to the president is final and cannot be the subject matter of judicial review ..... legal questions in this batch of criminal appeals relate to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the brain electrical activation profile (beap) test for the purpose of improving investigation efforts in criminal cases. this issue has received considerable attention since it involves ..... is contingent on harmonious working of all attendant aadhaar processes and technologies i.e. correct aadhaar-seeding, successful fingerprint recognition, mobile and wireless connectivity, electricity, functional pos machines and server capacity each time. it is also dependant on age, disability (e.g.leprosy), class of work (e.g. .....
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