Court : Supreme Court of India
Decided on : Apr-27-2006
Reported in : AIR2006SC2105; JT2006(5)SC154; (2006)IILLJ787SC; 2006(4)SCALE656; (2006)5SCC153; 2006(3)SLJ291(SC)
..... which had been finally laid to rest by this court. having examined the matter between the parties, this court had said by its order that the appellant's acts should be considered by a committee which did not include any of the officers who had been made respondents in the previous litigations. the general argument of institutional ..... respondent-bank and was considered by it during its meeting on 23.2.1984. in pursuance of the memorandum, the central board resolved that a departmental promotion committee act as the recommending authority for promotions to senior management grade scale v and above. thus, it is clear that the appellant's case for promotion between 1.8 ..... appeal nos. 1017- 18/1993 was disposed of by this court with the following three directions:1. ...no fresh enquiry shall be held against the respondent for the act or commission for which action was taken against him which resulted in reduction from rank in 1987. notice dated 28th december, 1992 shall stand withdrawn.2. the state .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2006
Reported in : AIR2006SC1908; 2006(5)ALD51(SC); 129(2006)DLT719(SC); [2007(1)JCR110(SC)]; JT2006(5)SC168; 2006(2)KLT700(SC); RLW2006(3)SC2129; 2006(5)SCALE1; (2006)5SCC603; [2006]145STC57
..... of sale.all these definitions exclude inter alia an actionable claim from the definition of 'goods'. an 'actionable claim' has in turn been defined in section 3 of the transfer of property act, 1882 as meaning;a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, ..... rem were also included within the meaning of moveable property. the court rejected the argument that rep licenses were actionable claims within the meaning of section 3 of the transfer of property act and said:when these licenses scrips are being bought and sold freely in the market as goods and when they have a value of their own ..... of an actionable claim would not be subject to the sales tax laws.21. distinct elements are deducible from the definition of 'actionable claim' in section 3 of the transfer of property act. an actionable claim is of course as its nomenclature suggests, only a claim. a claim might connote a demand, but in the context of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2006
Reported in : AIR2006SC2088; 2006(3)AWC2114(SC); II(2007)BC51(SC); [2006]131CompCas451(SC); (2006)5CompLJ470(SC); 2006(2)CTC847; JT2006(6)SC274; (2006)3MLJ276(SC); 2006(5)SCALE27; (2006)
..... the sale proceeds. this mode of realization of security is not, in my view, derogatory either to section 47 or to section 59 of the act.it was further held:. sub-section (3) of section 47 of the act does not come in the way of the official liquidator entertaining the application of the bank for payment of ..... precedence over prior mortgages of property allotted to the co-sharer who is liable to pay owelty.section 47 of the provincial insolvency act is attracted by virtue of section 529(1) of the companies act. sub-section (2) of section 47 would become applicable where a secured creditor voluntarily relinquishes his security for the general benefit of ..... a special law holding that a specific provision dealing with a particular situation would override even a special law, which is inconsistent therewith. section 9 of the companies act only states that provisions thereof would override the memorandum or articles of association of the company or any other agreement executed or resolution passed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2006
Reported in : AIR2006SC1993; 2007(1)AWC360(SC); 2006(6)BomCR342; (SCSuppl)2006(3)CHN135; 103(2007)CLT25(SC); (2006)3MLJ47(SC); 2007MPLJ223(SC); 2006(5)SCALE197; (2006)8SCC91
..... mitra, which was in recognition and discharge of her right to maintenance from her husband. counsel further contends that, by reason of sub-section (1) of section 14 of the hindu succession act 1956 (hereinafter 'the act'), this limited interest blossomed into an absolute interest. consequently, he claims that reba mitra became the absolute owner of the suit properly. further ..... bequeathed to reba mitra in the will of her husband, kamal kumar mitra, was only a limited estate during her lifetime; the provisions of sub-section (2) of section 14 of the act would, therefore, apply and she would continue to retain only a life interest in the suit property. consequently, she had no right to make a ..... in recognition and in lieu of her right to maintenance, which was a pre-existing right. consequently, it tell out of the ambit of sub-section (2) of section 14 of the act as a result of which she became the full owner of the properties involved.12. in c. masilamani mudaliar and ors. v. idol of sri .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2006
Reported in : AIR2006SC2432; 2006(4)ALD66(SC); 2006(3)AWC2187(SC); JT2006(5)SC260; (2006)4MLJ135(SC); 2006(5)SCALE107; (2006)8SCC129
..... employees officers and other employeeswho are finally absorbed in the who are finally absorbed in theservice under sub-section (2) service under sub-section (2)of section 5-a of the act shall of section 5-a of the act shallbe determined on the criterion be determined on the criterionof continuous length of service of continuous length of ..... services of the employees concerned. the said decisions, in our considered view, have no application in this case, having regard to the provisions of section 5-a of the act, in terms whereof no provision exists for recruitment of deputationists. recruitment of deputationists, in fact, is excluded therefrom.in the instant case while exercising, ..... and sushil chandra dwivedi being already in the services of the development authority, were not required to opt for centralised service in terms of section 5-a of the act and rule 7 of the rules, whereas jal nigam being not a development authority and its services having not merged in the centralised service, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2006
Reported in : AIR2006SC2064; [2006(110)FLR1]; JT2006(5)SC235; (2006)IILLJ877SC; 2006(5)SCALE54; (2006)8SCC776
..... by ordinary law of `master and servant' is thus, not attracted in this case. under the common law, as also the provisions contained in section 14(1)(b) of the specific relief act, a master was entitled to terminate the services of an erring employee at his sweet will. the dismissed employee could have sued his master only for ..... this has tarnished the image of the bank and resulted in your arrest by the local police on 16th october, 1986 and thereafter on 23rd october, 1986 under sections 353, 448 and 506 of indian penal code. the nature and extent of the misbehavior indicates that the established authorities of the bank and certain other functionaries in the ..... manager, having been abused and threatened to be hit by shoes by the appellant, lodged two first information reports (fir) against the appellant pursuant whereto two cases under section 353 of the indian penal code were initiated in respect of the incidents which took place on 16.10.1986 and 23.10.1986. he was placed under suspension .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-01-2006
Reported in : AIR2006SC3667; 2006(4)BomCR568; (2006)202CTR(SC)457; [2006]283ITR84(SC); JT2006(5)SC344; 2006(5)SCALE244; (2006)5SCC221; 2006(1)LC753(SC)
..... in uco bank's case (supra) was of the view that these circulars dated 6th october, 1952 and 9th october, 1984 were binding on the authorities under section 119(1) of the act. the court was also of the view that the judges in state bank of travancore (supra) did not have the occasion to consider the 1984 circular and ..... or any other sum payable to an employee on his employment to the subsequent accounting year to get out of the mischief of the ceiling prescribed under section 40a(5)(c)(i) of the act. this could not have been the intention of the legislature. finally, it was held that if a provision of a taxing statute was reasonably capable ..... which had accrued as interest without treating it as a bad debt or irrecoverable interest but keeping it in suspense account would be repugnant to section 36(1)(vii) read with section 36(2) of the act. where the mercantile system of accounting was followed and loans had not been written off the amounts accrued on the loans were income assessable .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-2006
Reported in : [2006(110)FLR420]; JT2006(5)SC326; 2006(5)SCALE182; (2006)5SCC664
..... of the institute. it is also entitled to take decisions on questions of policy relating to administration and working of the institute. section 27 of the act contemplates framing of statutes providing for the matters enumerated in section 26 thereof, providing for classification, method of employment and determination of the terms and conditions of service of teachers and other staff of ..... 'the institute') is a body corporate in terms of the provisions of the institutes of technology act, 1961 (hereinafter referred to as 'the act'). it is an institute of national importance. it has its own board of directors. its functions are laid down in section 13 of the act. the board of governors is responsible for general superintendence, directions and control of the affairs .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-2006
Reported in : AIR2006SC2075; 2006(3)BomCR883; 2006(5)MhLj531; 2006(5)SCALE213; (2006)5SCC330
..... removed or disposed of.(2) it shall be the duty of every trustee or of such person to comply with the directions issued under sub-section (1). section 41b of the act indisputably is not applicable in the state of gujarat. 13. the jurisdiction of the assistant commissioners of greater bombay and state of gujarat is required ..... region an amount in the ration which the income from all sources including any sums specified in clauses (a) to (c) of sub-section (2) of section 57 of the act, court fees and miscellaneous receipts other than deposits received in respect of that region during the period between the establishment of the public trusts administration ..... carved out of the state of bombay. in anticipation of such reorganization, the legislature of the state of bombay enacted the bombay statutory corporations (regional act xxi of 1960). section 3(1) hereof read as under:-3(1) if it appears to the state government expedient that any existing corporation which is operating and functioning .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-2006
Reported in : AIR2006SC2571; [2007(1)JCR251(SC)]; JT2006(5)SC352; 2006(5)SCALE273; (2006)11SCC356
..... to mention that two firs were registered. fir no. 7 was registered at police station, mohali under section 7 read with section 13(2) of the prevention of corruption act, 1988 on 25.3.2002 and the fir no. 24 was registered on 30.4.2002 against ..... in a greater measure. on 25.3.2002 an fir was registered at police station, mohali under section 7 read with section 13(2) of the prevention of corruption act, 1988 in relation to the trap organized in which r.s. sidhu was caught red-handed accepting ..... it was further submitted that the examination of material including answer-sheets of selected/non-selected candidates, statements of approvers under section 164 of the code of criminal procedure was done only in context of 1998 batch on its back reference from the state ..... a bribe of rs. 5 lakhs.63. the statement of one of the accused jagman singh (who later turned as an approver) was recorded under section .....
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