Court : Supreme Court of India
Decided on : Feb-01-1989
Reported in : AIR1989SC945; JT1989(1)SC191; 1989(1)SCALE252; (1989)1SCC636; [1989]1SCR408; [1989]73STC209(SC); 1989(1)LC571(SC)
..... any transaction' in connection with or incidental or ancillary to the business of coffee plantation and would therefore, fall within the definition of 'business' under section 2(d) of the act.we agree.12. three decisions of this court were also referred to by counsel. state v. burmah shell 1973 stc 426 and district controller of stores ..... of spontaneous growth in a plantation. but that decision clearly turned on the specific language of the definition of 'dealer' contained in section 2(viii)(e) of the kerala general sales tax act, 1963, and does not lay down any general proposition as contended for on behalf of the assessees.14. for the reasons discussed ..... ,6. the answer to the question posed depends on the interpretation of the expressions 'dealer' and 'business', as defined under the tamil nadu general sales tax act. these definitions read thus:business includes:(i) any trade, or commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1989
Reported in : AIR1990Guj145; (1989)2GLR879
..... the immovable property in question was such that its annual value at a rack-rent exceeded rs.5,000/-. for recovery of such property the application under section 41 of the act cannot be entertained by the small causes court. on this short ground the, revision application is required to be allowed.6. in the facts of the ..... the short ground that the small causes court at ahmedabad had no jurisdiction to entertain and decide the application. s. 41 of the presidency small cause courts act, xv of 1882 inter alia provides for recovery of possession of an immoveable property situated within the local limits of small causes courts jurisdiction of which 'the ..... tenants wherein various contentions were raised. ultimately the respondents applicants filed p.s.r.p. application under s. 41 of the presidency small cause courts act, 1882 (in short 'the act') praying for vacant possession of the premises. the petitioners appeared in the application and resisted the same on facts as well as on law points.2 .....
Tag this Judgment!Court : Delhi
Decided on : Feb-01-1989
Reported in : [1989(58)FLR626]; (1989)IILLJ397Del
..... , namely : 'whether this court has jurisdiction to entertain the claim in view of the preliminary objections ?'. the commissioner on interpretation of section 21 of workmen's compensation act held that the cause of action had taken place outside the territory of india and, thereforee, he had no territorial jurisdiction to entertain the ..... another commissioner under section 21(2) of the act on certain contingencies. this section does not indicate as to whether the commissioner under the workmen's compensation act can at all entertain a petition when the alleged incident had taken place outside ..... it inherently lacks. the commissioner, thereforee, rejected the petition. 3. reliance of commissioner on section 21 is erroneous. section 21 only speaks of the territorial jurisdiction for the purpose of territorial division under workmen's compensation act. this is further clear from the fact that a commissioner can transfer the matter to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : [1990]76STC390(AP)
..... the rule of unjust enrichment as adumbrated in this court's judgment in ramaiah v. state air 1986 ap 361, which rule is also incorporated in section 33-bb of the andhra pradesh general sales tax act. in this view of the matter, we modify the order of the tribunal in the following manner : 'the assessing authority will issue notice to the ..... court on 13th december, 1982, affirming the tribunal's view does not provide a fresh cause of action, he submits, and, therefore, it cannot be said that the deputy commissioner acted arbitrarily or perversely in refusing to exercise the discretionary power of revision. he also submits that the tribunal was in error in not dealing with this aspect and straightway entering .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-1989
Reported in : AIR1990Guj20
..... application as he has done in this case.10. mr. pande, the party in person, brought to our notice the provisions of the bombay provincial municipal corporations act and also various correspondence wherein there is reference for rewarding those persons who are able to give information regarding tax evasion such as octroi etc. we are not ..... hence this decision has no relevance for the disposal of the present case. air 1986 bom 412 (asha goel v. lic of india) deals with the insurance act. that is a case in which fraud is alleged regarding the submission of the medical certificate and ultimately finding out that fraud has been perpetrated. the special and ..... certain amounts as stated in annexure 'l' is made which will entitle the petitioner to the reward as per the provisions of the bombay provincial municipal corporations act and the resolutions passed by the municipal corporation.4. the learned single judge rejected the special civil application on the ground that the claim in the special civil .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : I(1990)ACC468; 1990ACJ350; AIR1990AP207
..... an error of clinical judgment is wholly ambiguous, for, while some such errors may be completely consistent with the due exercise of professional skill, other acts or omissions in the course of exercising clinical judgment may be so glaringly below proper standards as to make a finding of negligence inevitable.' after referring ..... commenced the operation and completed the same. his indifference to the realities and the reckless manner with which he commenced and completed the operation are clearly acts of negligence. the situation when the anaesthetist resorted to resuscitation was clearly indicative of the patient being afflicted with anoxia, a circumstance in which the ..... is the government of andhra pradesh represented by the district collector, guntur who according to the plaintiff is vicariously liable for the damages since the alleged act of negligence was committed by the defendants 2 and 3 in the course of discharging their duties as employees of the state government.2. the plaintiff .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-02-1989
Reported in : (1989)IILLJ76AP
..... necessary scan through the oral and documentary evidence adduced in this case in order to determine whether the employee comes with definition of 'workman' as defined under section 2(5) of the act. 14. the learned subordinate judge on consideration of the oral and documentary evidence has come to the conclusion that the termination of service under ex. a ..... to the employee to once again invoke the jurisdiction of the labour court by means of an industrial dispute claiming to be a workman as defined under section 2(5) of the act and seeking the same relief of reinstatement with backwages. 10. it is useful to refer at this stage to the decision of rajagopala ayyangar, j. ..... the dispute as i.d. no. 11 of 1987. the company opposed the industrial dispute alleging that the employee is not a workman within meaning of section 2(5) of the act; that he was part and parcel of managerial and supervisory staff of the company; that he was only guiding, instructing and controlling the technical and non- .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1989
Reported in : AIR1989SC865; JT1989(1)SC224; 1989(1)SCALE243; (1989)1SCC556; [1989]1SCR417; 1989(1)LC542(SC)
..... held this ground established and passed a decree for eviction as sought by the respondents. the appellants preferred an appeal against this decision to the appellate authority under section 23 of the said rent act, being the court of small causes at madras. the said appeal was numbered as h.r.a. 156 of 1979. the appellate authority dismissed the said appeal ..... the said m/s adeshwar glass mart and were liable to be evicted for unlawful subletting under the provision of section 10(2)(ii)(a) of the tamil nadu buildings (lease and rent control) act 1960 (hereinafter referred to as 'the said rent act') m/s. adeshwar glass mart were also joined by the respondent herein as respondents in the eviction petition on .....
Tag this Judgment!Court : Chennai
Decided on : Feb-02-1989
Reported in : AIR1990Mad46
..... of the other.'(subhas chandrav. ganga prosad, : [1967]1scr331 ).22. lastly, the learned counsel for the first defendant contended that undue influence, as contemplated under section 16 of the contract act, would not apply when the relationship is that of husband and wife and placed reliance on the following decisions:(1) howes v. bishop 1909 (2) kb ..... ? 19. point no. i : - the case of the learned counsel for the plaintiff is that the rule in section 111 of the evidence act was different from the one embodied in section 16(3) of the contract act, that it applied to a variety of relations, whenever it is shown that there was a possibility of exercise of dominion ..... him and is inclined to reposeimplicit confidence in him is enough to approximate to the kind of relationship which may attract the provisions of s. 111 of the evidence act with regard to the rule of burden of proof.'(daya shankarv. bachi, : air1982all376 ).20. learned counsel for the first defendant on his side first contended that .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-02-1989
Reported in : AIR1991All68
..... measurement of land, amount of compensation, the persons to whom it is payable or the apportionment of compensation amongst the persons interested.8. sub-sec. (2) of s. 50 of the land acquisition act provides :'in any proceeding held before a collector or court in such cases the local authority or company concerned may appear and adduce evidence for ..... appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceeding under this act.....'11. learned counsel for the respondent contended that as a company or local authority has been given the right only to adduce evidence u/ sub-s. (2) of ..... was sought by the central ware housing corporation holding the same to be barred by the proviso to sub-s. (2) of s. 50 of the land acquisition act. thereupon, the corporation filed a writ petition under art. 226 of the constitution in the high court of madhya pradesh. the high court set aside the award itself .....
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