Court : Supreme Court of India
Decided on : Aug-28-2006
Reported in : I(2007)BC296; 2006(6)BomCR98; [2006]133CompCas371(SC); JT2006(8)SC132; (2007)146PLR429; 2006(8)SCALE588; (2006)10SCC645; [2006]71SCL167(SC)
..... is striking. on each parameter, the performance of the appellant-bank is abysmal in comparison to federal bank. it is also pertinent to note that section 45 of the act does not contemplate or require the consent of either the transferor or the transferee bank, although both are given an opportunity to lodge their objections/suggestions ..... fraud.12. in response, learned counsel for the respondent no. 4 i.e. federal bank submitted as follows:the procedure, process and yardsticks envisaged under section 45 of the act for the amalgamation of a financially unviable bank with a stronger bank, cannot be the same as are applicable to a tender process. it is submitted ..... the entire proceedings are thus vitiated by malice in law. the rejection of the proposal of saraswat bank is vitiated on account of misunderstanding of section 56(zb) of the act and on account of a failure to consider the interest of shareholders whose interest would continue to be of paramount importance. on account of heavy .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-2006
Reported in : AIR2006SC3304; 2006(6)ALD36(SC); 2007(1)ALLMR(SC)402; (2007)1GLR594; JT2006(8)SC393; 2006(33)PTC281(SC); 2006(8)SCALE631; (2006)8SCC726
..... mark in relation to a trade mark.17. chapter ii provides for appointment of the controller-general of patents, designs and trade marks for the purpose of the said act. sections 15 and 17 read as under: 15. registration of parts of trade marks and of trade marks as a series.--(1) where the proprietor of a trade mark ..... was also lodged against the respondents by the appellant-company before the madhupura police station for commission of an alleged offence under section 63 of the copyright act and sections 78 and 79 of the 1958 act as well as sections 417, 420, 419 and 486 of the indian penal code. an application for quashing the said complaint was filed before the ..... part of it is applied for, the applicant must satisfy the conditions applying to and have all the incidents of an independent trade mark. sub-section (3) of section 15 of the 1958 act provides for a case where the proprietor of several trade marks claimed registration in respect of the same goods or description of the goods which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-2006
Reported in : AIR2006SC3093; 2006(8)SCALE688; (2006)7SCC708
..... licence, that cannot be a ground to refuse the licence. it was of the view that there was no specific period provided for making an application though section 460(1) of the act states that no person shall open a new private market or continue to keep open a private market except on a licence from the municipality. application for a ..... petition did not go into the merits of rival contentions and held that the issues concerned can be gone into more effectively if an appeal is filed under section 509(1) of the act. it was noted that disputed questions of facts were involved. therefore, it will not be proper to decide the issue in the writ petition. it was ..... licence was being renewed every year and the licence fee was also being paid. the market conducted by the society is a private market under section 2(31) of the kerala municipality act, 1994 (in short the 'act'). out of the property belonging to the society, an extent of 2.650 cents of land was surrendered to the corporation for the purpose .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-2006
Reported in : 2006(3)ARBLR340(SC); 2006(6)BomCR309; [2006]134CompCas119(SC); JT2006(8)SC230; 2006(8)SCALE668; (2005)11SCC521; 2006AIRSCW5130
..... that is also where the registered offices of both the parties at the commencement of arbitral proceedings, the court with jurisdiction to entertain a petition under section 9 of the act would undoubtedly be the court at bellary.39. mr. sundaram submitted that the appellant's contention that bombay high court was not a convenient forum ..... .19. in our view, an arbitration petition is required to be filed in a court having jurisdiction. the definition of the 'court' under the 1996 act is as follows:section 2(e): 'court' means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its original civil jurisdiction ..... the appellant had shifted to mumbai, the appellant was carrying on business in mumbai, and that this would vest jurisdiction in the bombay high court under section 9 of the act, in relation to disputes which had arisen prior to the shifting of the registered office. according to learned senior counsel, the subsequent events do not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-2006
Reported in : 2006(202)ELT13(SC); JT2006(8)SC615; 2006(8)SCALE748; (2006)10SCC280; 2006(2)LC1156(SC)
..... the earlier judgments of the cestat wherein correct view has been taken by it. he also cited some judgments on rule 9(1)(c) of 1988 rules and on section 14 of the customs act, 1962.19. in eicher tractors ltd., haryana v. commissioner of customs, mumbai : 2000(122)elt321(sc) , this court, in paragraph 6, held as under:6. under ..... the act customs duty is chargeable on goods. according to section 14(1) of the act, the assessment of duty is to be made on the value of the goods. the value may be fixed by the central government under ..... section 14(2). where the value is not so fixed, the value has to be determined under section 14(1). the value, according, to section 14(1), shall be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-2006
Reported in : 2007CriLJ49; 2006(8)SCALE745
..... -arranged or on the spur of moment; but it must necessarily be before the commission of the crime. the true contents of the section are that if two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself. as observed in ..... the element of participation in action. the liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under section 34 if such criminal act is done in furtherance of a common intention of the persons who join in committing the crime. direct proof of common intention is seldom available ..... was submitted that same clearly discloses that the presence of the accused persons at the time of assault has been established.6. section 34 has been enacted on the principle of joint liability in the doing of a criminal act. the section is only a rule of evidence and does not create a substantive offence. the distinctive feature of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2006
Reported in : AIR2006SC3293; 2006(4)AWC3838(SC); [2006(111)FLR358]; JT2006(8)SC600; (2006)IIILLJ1064SC; 2006(9)SCALE48; (2006)10SCC410
..... all other shall be members of railway staff including ex-railwaymen referred to in clause 20 chapter iv of the constitution subject of provision of section 22 of the act.29. working committee.there shall be a working committee comprising of the central office bearers and 170 members selected by central council from among ..... and constitutional means.e) to watch, defend and promote the interests, rights and privileges of the northern railway employees irrespective of caste, creed, race or section in all matters relating to their employment.f) to co-ordinate the activities of different categorical groups of railway employees for safeguarding their legitimate interests.g) ..... controversy involved in this appeal pertains to holding of the next elections of a trade union called the uttariya railway mazdoor union registered under the trade unions act, 1926 (hereinafter mentioned as 'the union'). its members are drawn from the northern railways and it is managed by a central executive committee under a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-08-2006
Reported in : 2006(202)ELT41(SC); JT2006(8)SC608; 2006(9)SCALE67; (2006)10SCC129; 2006(2)LC1139(SC)
..... no other option but to clear the said goods upon payment of duty under protest, wherein they were required to compute the value in terms of section 4(4)(d) of the central excise act, 1944. 7. the respondent, in his counter affidavit, categorically stated: ...according to the said provision, the value on which duty was payable ..... 173c of the central excise rules, 1944 (hereinafter referred to as 'the rules'), the respondent mentioned the assessable value and duty in accordance with the provisions of section 4(4)(d)(ii) by breaking up the contract price although the same did not include any amount on account of excise duty. in the invoices raised on ..... for refund of rs.6.30 lakhs, which had already been paid by way of excise duty. the said applications were rejected by the authorities under the act (central excise and salt act, 1944) opining that the same would amount to unjust enrichment. the respondent preferred an appeal before the customs, excise & gold (control) appellate tribunal, which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-08-2006
Reported in : 2006(202)ELT7(SC); JT2006(8)SC587; 2006(9)SCALE95; (2006)7SCC714; 2006(2)LC1171(SC)
..... purpose of calculating customs duty. 12. in absence of a statute, the contract between the parties would not be superceded. sub-section 6 of section 3 or sub-section 8 of section 9a of customs tariff act was enacted to achieve a specific purpose. its operation is limited from the date it came into force. it cannot be applied ..... into the statute book. it cannot, therefore, by no stretch of imagination be held that the parliament intended to apply the provisions of section 15 of the customs act in section 9a of the customs tariff act, prior to 2004. while dealing with a taxing provision, the principle of 'strict interpretation' should be applied. the court shall not ..... for determination of rate of duty, non-levy, short levy, refunds, interest, appeals, offences and penalties' in respect of anti-dumping duty. sub-section (1) of section 15 of the customs act, 1962 reads as under:15. date for determination of rate of duty and tariff valuation of imported goods.- (1) the rate of duty, and tariff .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-08-2006
Reported in : [2006(111)FLR332]; JT2006(8)SC595; (2006)IIILLJ1060SC; (2006)4MLJ932(SC); 2006(4)MPHT321; 2006(9)SCALE73; (2006)8SCC67; 2006(3)ShimLC284; 2007(2)SLJ186(SC)
..... means his personal legal condition only so far as his personal rights and burdens are concerned. duggamma v. ganeshayya : air1965kant97 at 101. [indian evidence act (1 of 1872), section 41.]in the language of jurisprudence status is a condition of membership of a group of which powers and duties are exclusively determined by law and not ..... under: (scc p.449, para 22)[we] hold that the workmen of a statutory canteen would be the workmen of the establishment for the purpose of the factories act only and not for all other purposes.see also municipal council, sujanpur v. surinder kumar .8. as the respondents did not hold any post, in our opinion, ..... constitutional obligation shall also be void. if no appointment could be made in terms of the statute, such appointment being not within the purview of the provisions of the act, would be void; he cannot be brought within the cadre of permanent employees. the definitions of 'permanent employee' and 'temporary employee' as contained in the rules must .....
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