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National Insurance Company Ltd. Vs. Yohannan and ors.

Court : Kerala

Reported in : I(1998)ACC61; 1998ACJ827

..... case of a civil suit, made possible in england by virtue of land reforms act, 1935 and the civil liability (contribution) act 1978 of england. and similarly, the kerala torts (miscellaneous provisions) act (act 8/77) enables a claim or a suit for apportionment. therefore, since the ..... as a verb means to -- mention particularly; to make specific; constituting or determining a species: of special application or origin. 'specification' -- making; the act of specifying; a detailed description of requirement. according to universal dictionary : 'specify' -- to state explicitly, especially as a definite requirement. according to oxford ..... law of tort as reversed in england provides or enables a civil suit for composite negligence to recover for the whole of the damage does not mean that the tribunals constituted under the special act .....

Dadha Pharma Pvt. Ltd. Vs. State of Kerala

Court : Kerala

Reported in : [1991]81STC254(Ker)

..... point nos. (1) to (3) : as can be seen from the reading of the act, section 59-a was introduced in the kerala general sales tax act by section 21 of act 21 of 1978, which came into force on 1st april, 1978. during the course of arguments, it has been submitted by learned advocates appearing for both sides ..... follows :'...............it is, however, well recognized that the courts would lean towards the constitutionality of an enactment...............'in state of kerala v. m.k. krishnan nair : [1978]2scr864 , a majority of the constitution bench observed as follows :'...............there is ample authority of this court for the proposition that where two constructions are possible that one ..... or the validity of the section. it is quite open to the parties to challenge the validity of section 59-a as ultra vires the constitution. from 1978 till this day, the validity of the section does not appear to have been challenged. there is no authoritative pronouncement by this court on this aspect. .....

Sujeet Kumar and Others. Vs. State of U.P. and Another.

Court : Allahabad

..... prosecution to continue against the aged parents of rajesh, the present appellants herein, on the basis of a vague and general complaint which is silent about the precise acts of the appellants." 21. in view of the above law and adopting the reason of the apex court, what i find is that so far as accused ..... para that all the accused were handed over aforesaid stridhan, which is contained in para 2 of complaint. rest all the subsequent paragraphs do not allege any over act by these applicants regarding entrustment and mis appropriation. retentions of alleged stridhan by pure surmises culled out from complaint allegations were also at madhubani. above applicants never visited ..... their application accused have made recitals concerning lodging of f.i.r. against them for offences u/ss 498a, 323, 506 ipc and 3/4 d.p. act by r2, which pleading has been admitted by complainant wife in paragraph-7 of her counter affidavit. paragraph-8 of instant application recites payment of two thousand rupees .....

Md. Abbas Mohideen Vs. Government of India Rep. by Secretary to Govern ...

Court : Chennai

Reported in : (2008)IILLJ587Mad

..... fault diagnosis thereby committed an offence under section 16 of coast guard act, 1978.d. showed total irresponsible and careless attitude in fault diagnosis and repair of defects affecting the ship's operational efficiency and delay in repair process ..... committed an offence under section 16 of coast guard act, 1978.c. grossly derelicted his duty by allowing the damage to get compounded on port d.a in overheated condition over a long period without proper ..... board d.a after ingress of sea water leading to deterioration of material state of starboard d.a thereby committed an offence under section 16 of coast guard act, 1978.b. knowingly concealed the vital information of sea water ingress in star board d.a from his commanding officer, administrative authority and repair agency thereby .....

Union of India (Uoi) Vs. Konduru Venkata Reddy

Court : Andhra Pradesh

Reported in : 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172

..... cases. the interest can also be awarded on equitable grounds.21. for applicability of provisions of the interest act 1978, necessarily, there should be a demand, and, if no such demand is spelt out, it can therefore be said that the ..... provisions of the interest act, 1978 can come into operation. in all these cases, nothing has been brought to our notice that there was any such ..... or suffers injury due to:(a) suicide or attempted suicide by him;(b) self inflicted injury;(c) his own criminal act;(d) any act committed by him in a state of intoxication or insanity;(e) any natural cause or disease or medical or surgical treatment ..... of quantum of compensation. however, the striking feature of these provisions is unlike the provisions of section 171 of the motor vehicles act, which specifically provides for award of interest wherever any claim is allowed by claims tribunal. but, no similar provision has been made .....

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

..... regulation of employment) act, 1981, section 37(2) of the emigration act, 1983,s.13(5) of the consumer protection act, 1986, section 14 of the sick industrial companies (special provisions) act, 1985, section 19 of the illegal migrants (determination by tribunals) act, 1983 and section 95 of the coast guard act, 1978, deeming the commissioner ..... or the tribunal appointed under the respective acts for ..... notification of the state government was to the effect:medical education and drugs departmentmantralaya, bombay 400 032. dated 21st february, 1986.commissions of inquiry act, 1952.no. jjh. 2088/712/med-4 -whereascertain deaths of patients alleged to be due to drug reaction, occurred in neuro surgery, neurology .....

Kanigalla Venkata Subba Rao and ors. Vs. Vice-chairman, Vgtm Urban Dev ...

Court : Andhra Pradesh

Reported in : 2006(5)ALD442; 2006(5)ALT361

..... number of cases before the delhi high court. a full bench of the delhi high court took the view that neither under delhi municipal corporation act, 1957 (dmc act) nor delhi development act, 1957 (dd act), there was any power to seal the property for its misuse. in 1985, the matters were brought before the supreme court by way ..... vijayawada and guntur or any municipality constituted under municipalities act, 1965 and such other area declared to be urban area by the government. hitherto vijayawada, ..... respect of the development area declared under section 13(1) of the urban development act; vide g.o.ms. no. 695, dated 09-11 -1977, and the authority was constituted by g.o.ms. no. 1007, dated 07-12-1978. section 2(o) defines urban area means the area comprised within the jurisdiction of municipal corporation of .....

Dr. P. Nalla Thampy Terah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622

..... even more of suspicion of corruption.10. the report of the expert committee headed by justice sacher on 'companies and monopolies & restrictive trade practices acts' deals 1978, chapter xiii, pages 99-104 extensively with the evils flowing out of the donations made to political parties by big business houses and points out ..... constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123 of the representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not only vitiate ..... the dangers involved in allowing the money power to play a role in the electoral process of our country, (paragraph 13.12). the committee recommended that section 293a of the companies act .....

Bangalore Water Supply and Vs. Kantha Chandra

Court : Karnataka

Reported in : ILR1987KAR1617

..... may be and it has to be complied with for raising a new township.27. a reading of the aforesaid provisions contained in the planning act and the act (karnataka land revenue act, 1964) leads to an inevitable conclusion that for the change in the land use for the purpose of establishing a new village or a ..... 227 of the constitution to ensure that the tribunals or authorities functioning within the territory over which its jurisdiction extends, do not exceed their limited jurisdiction and act well within their jurisdiction and exercise judicial power entrusted to them within the parameter of their authority. the power of superintendence under article 227 of the ..... . after purchasing the lands and after a lapse of some time, each one of them sought permission in the year 1978 and 1979 to convert them for non-agricultural purposes under section 95 of the act. in the first instance, there were 36 applications. thereafter six more applications were filed. all those applications were granted .....

The A.P.S.R.T.C., Rep. by Its Managing Director and anr. Vs. B. Vijaya ...

Court : Andhra Pradesh

Reported in : 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385

..... no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. 37. section 2(b) of the interest act, 1978 (act no.14 of 1978) defines 'current rate of interest' as under:'current rate of interest' means the highest of the maximum rates at which interest may be paid on different ..... there is no contract to the contrary and if the contract itself bars payment of interest, no interest can be allowed. 67. section 3(3)(i) of interest act, 1978 expressly lays down that the provisions of the section shall not affect the compensation recoverable for the dishonour of a bill of exchange, promissory note or cheque, as ..... principal sum adjudged from the date of the decree to the date of the payment. 45. the term 'interest' is neither defined in the code nor in the interest act, 1978. according to west's legal thesaurus, 'interest' may mean 'a charge that is paid to borrow for use of money'. in the concise oxford dictionary, the term .....