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Bata India Limited Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : [1983]54STC226(P& H)

..... source in b, from any source in thethe state and uses them in state and uses them in thethe state in the manufacture state in the manufactureof any other goods and of any other goods anddisposes of the manufactured either disposes of thegoods in any manner manufactured goods inotherwise than by way of sale any manner otherwisewhether within the state than by way of sale inor in the course of inter- the state or despatches thestate trade or commerce of manufactured ..... mere 'despatch of goods to a place outside the state in any manner otherwise than by way of sale in the course of inter-state trade or commerce' is synonymous with or is in any case included within the ambit of the 'consignment of goods either to the person making it or to any other person in the course of inter-state trade or commerce', as specified in article 269(1)(h) and entry no. ..... therefore, in its true nature a mere despatch of goods outside the state to another branch of the original institution is and never can be the equivalent of a sale either as a term of art in the existing sales tax legislation and not remotely so in common parlance and its dictionary meaning.27. ..... 97 in list i, which expressly states that any other matter not enumerated in list ii or list iii including any tax not mentioned in either of those lists is to be within the union list. ..... it talks, in terms, of the consignment of goods by a person either to himself or any other person in the course of inter-state trade or commerce. .....

Dr. Karan Singh Vs. State of Jammu and Kashmir and anr.

Court : Supreme Court of India

Reported in : 2004(1)ARBLR599(SC); 2004(2)JKJ1[SC]; JT2004(5)SC142; 2004(4)SCALE418; (2004)5SCC698

..... whether the decision of the government of india rejecting the representation deserves to be quashed and declaration granted that the articles are private property of the appellant or the issue either deserves to be remitted to government of india for reconsideration or referred for adjudication to an arbitrator to be appointed by this court question no. ..... 3: whether the decision of the government of india rejecting the representation deserves to be quashed and declaration granted that the articles are private property of the appellant or the issue either deserves to be remitted to government of india for reconsideration or referred for adjudication to an arbitrator to be appointed by this court.34. ..... the division bench came to the conclusion that looking to the nature and circumstances and the conduct of the appellant, it is evident that till 1983, no attempt whatsoever was made, either by the ex-ruler or by the appellant, to claim these properties as private properties. ..... the division bench in the impugned judgment as earlier noticed, has held that 'either there was relinquishment of right or waiver voluntarily'. ..... the division bench held that either there was relinquishment of right or waiver voluntarily. .....

R.S. Jayakumar and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : JT2007(12)SC327; 2007(4)KLT1104(SC); (2008)1SCC567; 2008(1)SLJ305(SC); 2007AIRSCW6959; JT2007(12)SC327.

..... as per the circular issued by the kpsc, the persons eligible for tests are persons either who have come on the category of approved probationer or they are the member of the service. ..... it is the admitted position that the respondents were not appointed either as approved probationer or as a member of the service but they were only probationers and permitted to appear in the selection for undergoing rangers' training at dehradun by the commission. ..... 6 of the form makes it clear that the persons who were eligible to apply for this test for undergoing rangers training at dehradun must be either approved probationers/full members of the service. ..... prescribed in the schedule to the general rules and must have undergone either forester s training or rangers training.____________________________________________________________deputy promotion of 1. ..... rangers and foresters trained as rangers in either of the regional forest ranger's college(4) promotion of dy. .....

Ramsons Southend Vs. Division Manager, New India Assurance Co. Ltd. an ...

Court : Delhi

Reported in : 1998IAD(Delhi)484; 71(1998)DLT842; 1998(44)DRJ677

..... section 27 reads as under :'27 meaning of service by post - where any [central act] or regulation made after the commencement of this act authorizes or requires any document to be served by post, whether the expression 'serve' or either of the expression 'give' or 'send' or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing a document, and ..... (b) on a policy of the date oft the occurance insurance when the -do- causing the loss, or where sum insured is pay- the claim on the policy able after proof is denied either partly or of the loss has been wholly, the date of such given to or received denial. ..... trial court as well as before us about limitation based on disclaimer mentioned in clause 9 of the policy, we heard the parties at length to arrive at a just decision of the case and to avoid any prejudice to either of the parties.8. ..... in case either party shall refuse or fail to appoint arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint sole arbitrator; and in case of disagreement between the arbitrators, .....

Karjan Co-operative Cotton Sales Ginning and Pressing Society Vs. Comm ...

Court : Gujarat

Reported in : [1993]199ITR17(Guj)

..... sideassessee to the society, having column but in reality for one ofregard to the nature of his the obnoxious purposes listedbusiness which brings him profits herein-above.but results in some detriment tothe public at large either byway of health hazard orecological pollution or seriousinconvenience to the citizenswith a view to mitigate theaforesaid evil consequences andconsequences of a like nature,subject to its being genuine andwithin reasonable limits.9. ..... the expenditure was incurred with a view to bringing profits or monetary advantage either today or tomorrow and it was also expenditure incurred as a wise, prudent, pragmatic, ethical man of the world of business would conscientiously incur with an eye on promoting his business prospects, subject to the expenditure being genuine and ..... for a mere altruisticor monetary advantage either consideration.today or tomorrow.2. ..... we may state in fairness that learned counsel for the revenue submitted that it is not his contention that amounts spent in this type of presents on the occasion of silver jubilee celebrations can be treated to be either dividend or rebate. .....

M/S. Guru Gobind Singh Refineries Ltd. Vs. Punjab State and Others Etc ...

Court : Supreme Court of India

..... . (ii) the reference court shall not entertain any unreasonable request made by either party for adjournment of the case and shall dispose of the matter within 6 months from the date of receipt/production of this judgment ..... . in our view, the reference court was not justified in deciding the issue relating to fixation of market value of the acquired land by presuming that irrigation facilities are available throughout the state of punjab either through canals or through tube wells ..... to state that valuation of the land either on the road or behind that should be at the same rate is totally misconceived. ..... no evidence in that regard has either been discussed by the learned court below or has been referred to. .....

State of Bihar and ors. Vs. Shiv Shankar Construction Co. (P) Ltd.

Court : Patna

..... , order, or these conditions, or otherwise concerning the work, or the execution, or failure to execute the same whether arising during the progress of the work, or alter the completion or abandonment thereof, or as to the breach of this contract, then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the superintending engineer of the circle and his decision thereon shall be final conclusive and binding ..... clause 23 reads thus:in case any dispute or difference shall arise between the parties or either of thereupon any question relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned or as to the quality of workmanship or materials used on the work, or as the.construction of any of the conditions or any clause or thing therein ..... ,...or otherwise concerning the works, or the execution or failure to execute the same, ...shall also be final, conclusive and binding on the contractor.this court held that the clause did not contain any arbitration agreement either expressly or by implication. ..... the primary material on which such person acts is his own knowledge and experience, supplemented if he thinks fit by (i) his own investigations; and/or (ii) material (which need not conform to rules of 'evidence') put up before him by either party. .....

The Surat Cotton Spinning and Weaving Mills Limited Vs. the Secretary ...

Court : Mumbai

Reported in : (1937)39BOMLR946

..... ' in their lordships' opinion, this obligation arises at once upon the occurrence of either of cases (a) or (b), and is not confined to the stage of litigation. ..... (15) further remarks which you as i thoroughly checked all seals at consider might help the bxr this wagon was tampered police in obtaining a clue with either at bxr after checking to the theft. .....

Mohammad Abdul Ghani Khan Vs. Fakhr Jahan Begam

Court : Mumbai

Reported in : (1922)24BOMLR1268

..... intestate, or of any of your successors dying intestate, the estate shall descend to the male heir, according to the rule of primogeniture, but you and all your successors shall have full power to alienate the estate either in whole or in part by sale, mortgage, gift, bequest, or adoption to whomsover you please. ..... mahomedan law applicable in this case, three conditions are necessary, which their lordships consider have been correctly stated thus :-'(a) manifestation of the wish to give on the part of the donor; (b) the acceptance of the donee, either impliedly or expressly ; and (c) the taking of possession of the subject-matter of the gift by the donee, either actually or constructively. .....

Srinivasa Ramachander Vs. Central Machine Tool Institute

Court : Karnataka

Reported in : ILR1996KAR1209

..... ) in the post.notice : i) during the probation period, your services areliable to termination without giving any notice.ii) after absorption your service can be terminated at any timeby giving three month's notice in writing or salary in lieuthereof on either side.service you will have to furnish an under taking that youagreement: will not apply for any post outside the institute fora period of three years from the date of joiningthis post.xxx xxx ..... on the plain construction of the establishment order, it could be safely presumed that the appointment order was hedged with a condition and that condition was period of probation for two years with an option to the institute either to curtail or extend the period and what follows is that the management had reserved their right to discharge the petitioner during the period of probation. ..... however, it transpires that the respondent - institute did not specifically either agree or reject the request in so far as relaxation of probationary period was concerned. ..... a plea cannot be taken that as his service was temporary or his appointment was on probation, there was no requirement of holding any enquiry, affording such an employee an opportunity to show that the charge levelled against him was either not true or it was without any basis. .....