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Judgment Search Results Home > Cases Phrase: commission of anticipation Page 3 of about 6,075 results (0.020 seconds)

Oct 05 2010 (HC)

St.Joseph's Education society Vs. Sri Jogaiah

Court : Andhra Pradesh

..... respondent stated in paragraph-6 of his counter that "the petitioner", which obviously is referable to petitioner no.2, came to the school with the premeditated plan, that his intentions to create disturbance were quite clear and that anticipating his evil intentions and plans and upon the complaint given by the secretary, the respondent has deployed some police personnel. ..... added) a close examination of the contents of the letter noted above would not reveal that the secretary was anticipating violent behaviour and commission of offences of cognizable nature. ..... putforth by the respondent to the charge of contempt, as noted above, was that he has acted on the letter addressed by the secretary of the society and that he had anticipated an attempt on the part of some of the members to disturb the meeting and create trouble. ..... is at a loss to know how the respondent was able to anticipate the petitioner's evil intentions and plans in advance. ..... the respondent further stated that anticipating the evil intentions and the plans of "the petitioner" and upon the complaint given by the secretary of the society he has deployed police personnel at the school premises and that though the ..... even where the police anticipate such imminent breach of peace or disturbance of public order, they shall take recourse to sections 144 to ..... if the respondent has anticipated serious trouble leading to breach of peace or disturbance to public order, he should have taken recourse to the provisions of section 144 to .....

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Mar 23 1994 (FN)

Dolan Vs. City of Tigard

Court : US Supreme Court

..... , at 836 ("although such a requirement, constituting a permanent grant of continuous access to the property, would have to be considered a taking if it were not attached to a development permit, the commission's assumed power to forbid construction of the house in order to protect the public's view of the beach must surely include the power to condition construction upon some concession by the owner, even a concession ..... "although such a requirement, constituting a permanent grant of continuous access to the property, would have to be considered a taking if it were not attached to a development permit, the commission's assumed power to forbid construction of the house in order to protect the public's view of the beach must surely include the power to condition construction upon some concession by the owner, even a concession ..... based on this anticipated increased storm water flow, the commission concluded that "the requirement of dedication of the floodplain area on the site is related to the applicant's plan to ..... the commission stated that the "anticipated increased storm water flow from the subject property to an already strained creek and drainage basin can only add to the public need to manage the stream channel and floodplain for drainage ..... specific findings relevant to the pedestrian/bicycle pathway: "in addition, the proposed expanded use of this site is anticipated to generate additional vehicular traffic thereby increasing congestion on nearby collector and arterial streets. .....

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Feb 03 1947 (FN)

insurance Group Committee Vs. Denver and R.G.W. R. Co.

Court : US Supreme Court

..... 's brief and the opinion of the circuit court of appeals on the hearing of the review of the orders of approval and confirmation of the plan make clear that changed circumstances in the period between the interstate commerce commission hearings in may, 1941, and our decision of june 10, 1946, of a like character with those now alleged, were relied upon by the debtor in its former effort to set aside the district court's orders of approval ..... form contained in the conference report, was passed by an overwhelming vote in each chamber, and the objectives of the legislation have received the approbation of the president, it is confidently hoped that the courts and the commission will take no steps in support or furtherance of pending reorganization plans under section 77, but will instead await action by the congress and the president on legislation giving effect to the principles favored by both. ..... changed conditions relied upon by the debtor in support of its motion for reexamination of the plan have been considered or anticipated heretofore by the commission, the district court, the circuit court of appeals, and this court. pp. ..... justify the change of position of creditors from fully secured to partially secured, creditors were given opportunities to participate in profits through common stock ownership with a chance at larger earnings than the commission's forecast anticipated. ..... existence when the order of confirmation was issued had occurred beyond that anticipated by the commission. .....

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Sep 30 1986 (HC)

Commissioner of Income-tax Vs. Chitra Kalpana

Court : Andhra Pradesh

Reported in : (1988)67CTR(AP)215; [1987]169ITR678(AP)

..... to conduct the partnership business without anticipating payment of salary, bonus, commission or remuneration as quid pro quo for his services and wherever a partner is under a legal obligation to provide capital for the business without anticipating any interest on the capital, except the return in respect of capital by way of his share in the firm's profits, the amounts paid to him by way of salary, bonus, commission of other remuneration and interest are made ..... as a partner is bound to attend to the partnership business without anticipating any commission or other remuneration, any contract providing for the payment of commission or other remuneration, any contract providing for the payment of commission or other remuneration may have as its object diverting the firm's income ..... once the payment made by the firm to a partner partakes of the nature of salary, interest, bonus, commission or remuneration, then the amount paid by the firm to the partner cannot be allowed as a deduction in computing the income from ..... section 40 of the act which provides that, in the case of any firm, any payment of interest, salary, bonus, commission or remuneration made by the firm, any payment of interest salary, bonus, commission or remuneration made by the firm to any partner of the firm shall not be deducted. ..... no distinction between payments made by the firm to a partner by way of salary, bonus, commission or remuneration in the capacity of a partner and payments made to the partner in a different .....

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May 02 2002 (SC)

Union of India (UOi) Vs. Association for Democratic Reforms and Anr.

Court : Supreme Court of India

Reported in : AIR2002SC2112; 2002(3)ALD90(SC); 2002(3)ALLMR(SC)228; 2002(2)BLJR1317; 97(2002)DLT657(SC); JT2002(4)SC501; (2002)3MLJ55(SC); RLW2002(4)SC487; 2001(4)SCALE110; (2002)5SCC294

..... it is known that every contingency could not be foreseen or anticipated with precision, therefore, commission can cope with situation where the field is unoccupied by issuing ..... the conduct of all elections to the various legislative bodies and to the offices of the president and the vice-president is vested under article 324(1) in the election commission, the framers of the constitution took care to leaving scope for exercise of residuary power by the commission, in its own right, as a creature of the constitution, in the infinite variety of situations that may emerge from time to time in such a large ..... exercise of residuary power by the commission in its own right as a creature of the constitution in the infinite variety of situations that may emerge from time to time in a large democracy, as every contingency could not beforeseen or anticipated by the enacted laws or the ..... to include in its sweep, the power to issue directions- in the process of the conduct of an election- to the effect that the political parties shall submit to the election commission, for its scrutiny, the details of the expenditure incurred or authorised by the parties in connection with the election of their respective candidates.' 33. ..... air1986sc111 dealt with the constitutional validity of the election symbols (reservation and allotment) order, 1968 whichwas issued by the election commission in its plenary exercise of power under article 324 of the constitution read with rules 5 and 10 of the conduct .....

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Nov 09 2010 (TRI)

In the Matter of Western Electricity Supply Company of Orissa Ltd. (We ...

Court : Appellate Tribunal for Electricity APTEL

..... the gist of the arguments advanced on this point is as follows: even though the entire power purchase cost payable to gridco by the distribution companies has been allowed by the state commission as a pass through in full in their retail supply tariff order, the appellants have challenged the bulk supply tariff order on the ground that retail supply tariff order fell short of the bulk ..... the income on account of short term deposits cannot be anticipated since the state commission is always leaving a large gap in the tariff in fy 2006-07 and fy 2007-08 which the years were exceptionally good years for hydel ..... pointed out by the respondent, the income on account of short-term deposits cannot be anticipated or predicted since the state commission is always leaving a large gap in the tariff. ..... in the impugned order it is specifically stated that in view of the risk and uncertainties involved in the trading of surplus power, the state commission has changed the earlier pattern of including hypothetical and uncertain figure towards accepted revenue from export sales and has instead left a huge gap of ..... , the retail supply tariff falls short of the revenue requirement, the remedy for distribution companies in that case is to go back to the state commission or challenge the retail supply tariff order alone claiming the different rates by way of truing-up after proving their entitlement. ..... this income cannot be anticipated or predicted since the state commission is always leaving a large gap in .....

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Sep 02 2013 (TRI)

Power Grid Corporation of India Ltd. Haryana Vs. Central Electricity R ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... ramachandran, learned counsel for the appellant submitted as under:- a) regulation 15 of the tariff regulations, 2009 read with statement of objects and reasons dated 3.2.2009 of the central commission provides that if a transmission project is completed within the time frame stipulated in the tariff regulations, the transmission project will be entitled to additional return on equity at the rate of 0.5%. ..... (2) return on equity shall be computed on pre-tax basis at the base rate of 15.5% to be grossed up as per clause (3) of this regulation: provided that in case of projects commissioned on or after 1st april, 2009, an additional return of 0.5% shall be allowed if such projects are completed within the timeline specified in appendix-ii: provided further that the additional return of 0.5% shall not be admissible if the project is not completed ..... thus, the central commission rejected the claim of the appellant for additional return on equity of 0.5% because there was a delay of 3 months with respect to the anticipated date of commissioning of the project i.e. ..... e.400 kv d/c twin transmission line283438 thus the appendix-ii indicates that if a 400 kv d/c twin transmission line in plain area, irrespective of its length, is commissioned within 28 months from the date of investment approval by the board of the transmission licensee, then the transmission project will be entitled to an additional return on equity of 0.5%. 10. ..... the project was anticipated to be commissioned on 1.5.2011. .....

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Mar 11 2014 (TRI)

Bihar Industries Association Sinha Library Road Vs. Bihar Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... limited (bspgcl) - bihar state power transmission company limited (bsptcl) - north bihar power distribution company limited (nbpdcl) and - south bihar power distribution company limited (sbpdcl) (h) that as per directives of the state commission, the erstwhile bseb was finalizing the petition for true-up of expenses and revenues for fy 2011-12, review of expenses and revenues for fy 2012-13 and determination of multi year arr for fy 2013-14, 2014-15 and ..... loss on account of power purchase for higher than normative tandd loss (a-c)1040.241040.241588.02e.disallowed loss on account of power purchase for higher than normative t and d loss (b-d)115.88--------(ii) the state commission in the impugned order has rightly considered the revenue gap funding for the purpose of compensating disallowed power purchase in view of the letter of the energy department dated 19.09.2011 wherein the govt. ..... it is also one of the submissions of learned counsel for the appellant that in the absence of any mention regarding the priority of the usage of the government grant/subsidy, the state commission could not have allowed the respondent/licensees to cover up the revenue gap/the transmission and distribution loss with the fund so provided by the government as the same would give rise to inefficiency by the ..... while considering the tariff petition of the utility, the state commission has to reasonably anticipate the revenue required by a particular utility and such assessment should be based on practical .....

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Jan 30 2003 (HC)

Jyoti Shekhar Vs. the Patna University, Through Its Registrar and ors.

Court : Patna

..... the posts of research associates will be considered converted only with effect from that date the uqiversity appoints a person as lecturer in the department concerned on the recommendation of the bihar public service commission and if as a result of this conversion there is any case of hardship to any present incumbent, the conversion of the posts will be put in abeyance and the research associate concerned would be allowed to ..... that conversion of the post of research associate was for the benefit of the incumbent and, therefore, the university as indeed the bihar public service commission committed error in considering candidates from open market and on the basis of comparative assessment of merit recommending an outsider for the post. ..... accorded provisional promotion in anticipation of the approval of the bihar state university (constituent colleges) service commission; by the latter the promotion was confirmed on receipt of the recommendation of the commission.2. ..... lecturer in anticipation of the commission's recommendation. ..... the case of the respondents is that some of the research associates who were likewise not recommended by the commission were later appointed as lecturer and, therefore, all that the university did was to give similar treatment to the respondent, any interference at this stage, even by shifting the date of appointment ..... of the post of research associate held by the respondent was in anticipation of the recommendation of the bihar public service commission. .....

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Sep 20 1991 (HC)

Commissioner of Income-tax Vs. Yoganand Textiles

Court : Gujarat

Reported in : [1993]202ITR869(Guj)

..... part in the conduct of the business of the firm, and observed that inasmuch as a partner is bound to attend to his partnership business without anticipating any commission or other remuneration, any contract providing for the payment of commission or other remuneration may have as its object the diverting of the firm's income into the hands of the partners. ..... judgment, held that a person may be a partner in a firm and yet be appointed as an authorised controller under the essential supplies (temporary powers) act and his acts of commission of omission, while acting as an authorised controller or a member of the board of management, would not bind the other persons because he does not act as their agent in that ..... business without anticipating payment of salary, bonus, commission of remuneration as quid pro quo for his services and wherever a partner is under a legal obligation to provide capital for the business without anticipating any interest on the capital, except the return in respect of capital by way of his share in the firm's profits, the amounts paid to him by way of salary, bonus, commission or other ..... then, it appears that the state of the law on the subject was far from satisfactory because the decision in each particular case in respect of payments made by way of interest, salary, commission or remuneration by a firm to a partner turned upon determining as a fact whether the payment was to a partner as a partner or in a different character and whether the payment was .....

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