Court : Supreme Court of India
Decided on : Mar-22-2006
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... with the appellant even though he has fully performed the previous contract, and is, therefore, a restraint of trade which is void under section 27 of the indian contract act. under section 27 of the contract act (a) a restrictive covenant extending beyond the term of the contract is void and not enforceable. (b) the doctrine of restraint ..... for his endorsements, promotions, advertising or other affiliation and such a type of restriction extending beyond the tenure of the contract is clearly hit by section 27 of the contract act and is void. the said covenant, as noticed earlier, curtails the liberty of respondent no. 1 zaheer khan even though the contract has been ..... by him to the appellant wherefor, respondent no. 1 cannot be permitted to renege his promises under the garb of an alleged restriction violative of section 27 of the contract act. clause 31(b) of the agreement is an independent clause which survives the expiry of the agreement and any dispute between the parties regarding the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-2006
Reported in : 128(2006)DLT600(SC); 2006(3)SCALE352; (2006)11SCC696
..... cloak or garb of innocuous form of an order and determine the true character of the order under challenge.(b) therefore, an order under section 18 of the army act read with article 310 of the constitution invoking the doctrine of pleasure of president is subject to judicial reiview to ascertain whether the same is ..... issue a writ of mandamus and any other appropriate writ, order or direction, inter alia commanding the respondent nos. 1 and 2 in accordance with section 165 of the army act, 1950 to annul the proceedings of the general court martial affecting the petitioner as they are malafide, irrational, unjust and illegal and there has been ..... and were cashiered. against 13 officers, disciplinary actions were initiated. however, a decision was taken not to try them and administrative order under section 18 of army act, 1950 (in short the 'act') was passed terminating their services.4. present appeals relate to the 2 officers punished by general court martial and the de-linked appeals relate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-2006
Reported in : AIR2006SC3691; 2006(3)ALD10(SC); 2006(4)ALT29(SC); 2006(3)SCALE386; (2006)4SCC214
..... any interruption till 1980. the learned judge found that the applicants had acquired title to the property by adverse possession notwithstanding the mischief of section 47 of the tenancy act of 1950. the plea taken by the respondents that the application was hopelessly time-barred, was also negated by the learned special judge on ..... and the same was registered on 4th may, 1961 before the sub-registrar, khairatabad, hyderabad. pursuant thereto, uppari ramaiah had applied for a certificate under section 38 of the aforesaid act and the same was issued in his favour by the revenue divisional officer, hyderabad (west), hyderabad district, on 19th may, 1961. according to mr ..... transaction, notwithstanding the fact that uppari ramaiah subsequently acquired full rights over the land in question. it was urged that the prohibition contained in section 47 of the tenancy act of 1950 could not be circumvented and/or defeated in the fraudulent manner in which it had been done. mr. venugopal, submitted that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-2006
Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620
..... as in any other suit. the arrest of the vessel while in indian waters by an order of the high court concerned, as defined under the merchant shipping act, 1958 (section 3(15)) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the ..... the implementation of that particular custom in force, the customary practice of the exercise maritime lien by the crew members satisfies both these requirements. thus section 115 of the customs act which talks about confiscation will not operate to disentitle the crew of the lien that they can exercise on the vessel for the recovery of their ..... 2 moved the division bench for withdrawing their claim of arrest and sale of the vessel. the superintendent of customs (prevention), chennai passed an order under section 110 of the customs act, placing the vessel and cargo under seizure. they were placed in the custody of respondent no. 1. the above appeal was heard and allowed by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-2006
Reported in : 2006(196)ELT385(SC); JT2006(4)SC78; 2006(3)SCALE477; (2006)4SCC303
..... of some grades of nbr. respondent no. 3 by means of complaint dated 3.11.1995 addressed to the additional secretary being the designated authority under section 9 of the tariff act in the ministry of commerce, stated that the import of bales of the said consignment from germany is causing injury to its productions. proceedings were ..... hundred per cent export-oriented undertaking', 'free trade zone' and 'special economic zone' shall have the meanings assigned to them in explanation 2 to sub-section (1) of section 3 of the central excise act, 1944 (1 of 1944).(3) if the central government, in respect of the dumped article under inquiry, is of the opinion that-(i) there ..... relate to the imposition of antidumping duty on the basis of 'mid term review' carried out under rule 23 of the rules. section 9a of the customs tariff act, 1975 is the charging section. it empowers the central government to impose an anti-dumping duty not exceeding the margin of dumping on an article exported to india at .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC1622; JT2006(4)SC167; (2006)3MLJ313(SC); 2006(3)SCALE460; (2006)4SCC517
..... extended nor be renewed. rule 15 provides for absolute prohibition or regulation of quarrying or removal of sand from riverbeds to which madras river conservancy act, 1884 has been extended and for regulating the quarrying or removal of sand from beds of river in charge of the public works department. the form ..... it is submitted that termination of all leases/permissions relating to quarrying of sand, as a class, under rule 38a, is a legislative act and not an executive act and therefore, section 4a(3) has application. it is submitted that rule 38a being a delegated legislation, legislative in character, is not open to question ..... minerals, and empowering central/state government to reserve areas for mining operation by government companies/corporations, specifically exclude areas already held under mining leases. even, section 17 while referring to the power of the central government to undertake mining operations exclusively in any area, excludes areas already held under mining leases. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC3480; JT2006(5)SC41; 2006(2)KLT270(SC); (2006)IILLJ529SC; 2006(3)SCALE534; (2006)4SCC327
..... to articles 39, 42 and 43 of the constitution of india. but, herein, the state was exercising a specific power of delegated legislation.24. recourse to section 69(1) of the act is again misconceived. only a rule validly made will have a statutory flavour. if a rule is not validly made, the question of its being interpreted in ..... there cannot be any doubt whatsoever that such subordinate legislation must be framed strictly in consonance with the legislative intent as reflected in the rule-making power contained in section 62 of the act.17.2 in bombay dyeing & mfg. co. ltd. v. bombay environmental action group and ors. , this court has stated the law in the following terms: ..... the toddy shops are traditional workers. a learned single judge of the high court upheld the validity of the rules inter alia holding:(i) in view of section 18a of the act, as control of liquor in trade is within the exclusive domain of the state and as terms and conditions can be prescribed for granting a licence, the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC1599; (2006)3GLR2304; JT2006(4)SC34; 2006(3)SCALE414; (2006)4SCC584
..... rival political parties at subhash sarobar and the case was registered as case no. 111 of 2001 for offences punishable under sections 148, 149 and 336 ipc read with sections 3 & 5 of explosive substances act, 1908 against the deceased and others and investigation started. the appellant, along with other police officers, rushed to the spot ..... what is relevant for our purpose is to notice that investigations into the two crimes registered, namely, case no. 111 under sections 148, 149, 336 ipc read with sections 3 and 5 of explosive substances act and case no. 112, registered on the complaint made by the complainant herein on 11.5.2001, have not been completed ..... being phoolbagan police station case no. 111 dated 10.5.2001 against 20/30 persons including robindranath das under section 148/149/336 of the india penal code and section 3 and 5 of explosive substance act.that the petitioner submits that initially the opposite party no. 1 lodged an information against some unknown police personnel .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : II(2006)ACC19; 2006ACJ1336; AIR2006SC3440; 2006(3)ALT81(SC); 2006(2)AWC1918(SC); [2006]131CompCas391(SC); II(2006)CPJ8(SC); 2006(2)CTC347; (2006)3GLR2224; [2006(3)JCR288(SC
..... of the contract of insurance is a matter which comes within the purview of any of the 'statutory defences' which can be raised by an insurer under sub-section (2) of section 149 of the act. the statutory bar as regards raising a defence on the part of the insurance company is confined to the quantum of damages only.7. the learned cousel ..... the awarded amount to the claimants and recover the same from the owner of the vehicle.8. in a proceeding arising out of a claim petition filed under section 166 of the motor vehicles act, the insurance company is a necessary party as it is required to indemnify the owner or driver of the vehicle. even in a case where the owner ..... vehicle had expired on 20-11-1982 and the driver did not apply for renewal within 30 days of the expiry of the said licence, as required under section 11 of the motor vehicles act, 1939. it is also not disputed that the driver of the vehicle did not have driving licence when the accident took place. according to the terms of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC1639; JT2006(4)SC96; 2006(3)SCALE507; (2006)10SCC418; 2006(1)LC696(SC)
..... payment of fine to further singh undergo rigorous imprisonment naginder for three months, each for singh causing grievous hurt to gurbans singh and mukhtiar singh.(viii) naginder under section to undergo rigorous singh 325 i.p.c. imprisonment for a period of two sukhdev years and to pay a fine of rs. singh 1000/- each and ..... of the assembly which constitutes five or more persons, have common object and that they acted as an assembly to achieve that object. in substance, section 149 makes every member of the common unlawful assembly responsible as a member for the act of each and all merely because he is a member of the unlawful assembly with common ..... being fastened vicariously by reference to either clause of section 149 ipc, merely because a criminal act was committed by a member of the assembly, every other member thereof would not necessarily become liable for such criminal act. the inference as to likelihood of the commission of the given criminal act must be capable of being held to be .....
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