Court : Chennai
Decided on : Feb-20-2003
Reported in : (2003)IIILLJ804Mad
..... the present case, the only point that arise for consideration is:whether the petitioner is bound to comply with requirement to proviso to sub section (7)(2) of section 7 of the payment of gratuity act, 1972?8. there is no factual controversy with respect to the presentation of the appeals. in state of punjab v. labour court, ..... by the controlling authority is deposited or a certificate as prescribed by second proviso to section 7(7) of the payment of gratuity act is enclosed. challenging the same, the present writ petition has been filed. 6. according to mr. john, the learned counsel for the ..... itself is questioned. 5. once again by endorsement dated 13.1.1998, the first respondent while drawing the attention of the petitioner to section 7(7) of the payment of graguity act, overruled the submissions made by the petitioner and held that the appeals cannot be entertained unless predeposit of the amount directed to be paid .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-20-2003
Reported in : 2003(4)ALD219; 2003(5)ALT354
..... in view of the concurrent findings recorded by both the courts below relating to the entitlement of maintenance, the availability of the grounds or otherwise of section 18 of the aforesaid act need not be gone into the second appeal especially in the light of the fact that the respondent/defendant/ husband had not preferred any appeal as ..... , of course had to the scale and mode of living and to the age habits, wants and class of life of the parties and section 23(2) of the hindu adoptions and maintenance act, 1956 makes no departure from these principles as enunciated in air 1929 pc 128 except perhaps to a limited extent envisaged in sub-clauses ..... respect to award of maintenance depending upon the salary?3. whether the lower appellate court was justified in ignoring the cardinal principles as stipulated under section 18 of the hindu adoption and maintenance act, 1956 ?4. whether the court below was justified in ignoring the increase in the salary of the respondent upon passing of time?the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2003
Reported in : II(2004)ACC772; 2004ACJ924
..... 147 of the motor vehicles act, 1988, which came into force from 1.7.1989 prior to taking place of accident in this case, deletes the ..... compensation or to the extent of rs. 50,000, as contended. on the basis of section 95(2)(b)(i) and (ii) of the motor vehicles act, 1939, it could be contended that the liability of insurance company is limited to the ..... provision of limited liability of insurance company with respect to public service vehicle. under the new act, the limited liability is confined to damage to any property of a third party, to the extent of rs. 6 ..... extent of rs. 50,000 in case of passenger vehicle. this has been held by the apex court in new india assurance co. ltd. v. shanti bai, 1995 acj 470 (sc) and new india assurance co. ltd. v. cm. jaya, 2002 acj 271 (sc). however, section .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2003
Reported in : AIR2004MP77; II(2003)DMC42; 2003(2)MPHT465; 2003(2)MPLJ385
..... but every unpalatable behaviour of the other spouse was not necessarily cruelty, either physical or mental, so as to afford a ground for judicial separation under section 10 of the hindu marriage act.20. according to learned counsel of appellant the standard of proof to be applied for proving cruelty need not to establish charge of cruelty beyond reasonable ..... nisha londhe, reported in air 1984 bombay 413, it has been made clear that the cruelty contemplated under section 13(1)(i-a) of the act neither attracts the old english doctrine of danger nor the statutory limits embodied in old section 10(1)(b). the cruelty contemplated is a conduct of such type that the petitioner cannot reasonably be ..... falling in the category of conscious acts cruel in nature as that is the underlying requirement of the provision.26. the hon'ble supreme court in the case of praveen mehta v. inderjit mehta, reported in air 2002 sc 2582, has further made it clear that cruelty for the purpose of section 13(1)(ia) is to .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-20-2003
Reported in : AIR2003Kant253; 2003(5)KarLJ337
..... regulations are framed by the board in lawful exercise of its power under section 79(e) of the act, nevertheless, the impugned regulations are liable to be quashed inasmuch as they are totally arbitrary and unreasonable.7. before appreciating the contentions urged by sri m ..... retirement or on transfer cannot be regarded as a condition of service and therefore, the board could not derive any power from clause (c) of section 79 of the supply act to frame regulations with regard to imposition and recovery of penal rents; and(iii) that even in the event of the court holding that the impugned ..... the appellants in w.a. no. 4258-59 of 1999 placed before us the following contentions while assailing the validity of the impugned regulations framed under section 79(c) of the act and they are :--(i) that the impugned regulations are not made by the board and in fact they were made by the internal management committee (administration .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-2003
Reported in : (2003)181CTR(Cal)367,[2003]262ITR638(Cal)
..... (10c) cannot be accepted as a whole. 13. this seems to be made clear by the clarification issued by the department, in the guidelines for the purpose of section 10(10c) of the it act clarification of queries regarding [circular no. 640, dt. 26th nov., 1992] (p. 757, vol. 1, income-tax law, 5th edition by chaturvedi and pithisaria), the ..... scheme appears at p. 21 of the paper book (annexure 'b' to the writ petition). the respondent authority had been deducting tax at source under the provisions of section 192 of the it act, 1961. this seems to have been clarified by the employer through annexure, 'c' at p. 24 of the paper book. this has since been challenged by the ..... cannot be stretched over to any other assessment year. therefore, the payment that has been spread over a period of years is liable to be taxed under section 15, clause (a), of the it act. 5. mr. bagchi, in reply, has contended that in case there is any absurdity in the construction of the provision having regard to the proviso, .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-2003
Reported in : (2003)3CALLT48a(HC),2003(2)CHN414,(2003)IIILLJ433Cal
..... the apex court reported in 2002 scc (cri) 344 (supra) it is clear that despite the fact that whether or not the provision of section 86-a of the employees' state insurance act, was considered by the supreme court in passing the aforesaid judgment reported in 1998-ii-llj-794, even men it has a binding force on ..... to a decision reported in the case of employees' state insurance corporation v. s.k. agarwal and ors. : 1998crilj4027 has submitted before me that section 2(17) of the e.s.i. act, defines the principal employer as either owner or occupier taking care of all eventualities. when the owner of the factory is the principal employer, there ..... recover the amount of employees' contribution, therefore, the person referred to in explanation 2 is an employer who under the authority of section 40, sub-section (2) of the e.s.i. act can deduct the employees' share of contribution from their wages. as a result, the expression 'person' appearing in explanation 2 clearly refers to the principal .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Feb-20-2003
Reported in : (2002)LC77Tri(Mum.)bai
..... sdr.3. notification 29/96-ce provides that duty of excise under the central excise act, 1944, additional duty under section 3 of the customs tariff act, 1975, or the additional duty of excise under section 3 of the additional duties of excise (textiles and textile articles) act, 1978 shall be deemed to have been paid on certain inputs specified in the notification and ..... also proposed. the commissioner of central excise confirmed the demand by disallowing the credit and ordering its recovery under rule 57f of the rules read with the proviso to section 11a (1) of the central excise act, 1944 together with interest and also imposed a penalty equal to duty under rule 57-i(4) of the rules read with ..... section 11 ac of the act. while holding that there was no irregularity in the procedure followed by the assessees in removing the yarn on payment of duty, on the issue of availability of deemed .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-2003
Reported in : [2003]128TAXMAN704(Cal)
..... cannot be accepted as a whole.13. this seems to be made clear by the clarification issued by the department, in the guidelines for the purpose of section 10(10c) of the income tax act clarification of queries regarding (circular no. 640, dated 26-11-1992) (page 757, volume 1 income tax law, 5th edition by chaturvedi and pithisaria), ..... at page 21 of the paper book (annexure 'b' to the writ petition). the respondent authority had been deducting tax at source under the provisions of section 192 of the income tax act, 1961. this seems to have been clarified by the employer through annexure 'c' at page 24 of the paper book. this has since been challenged ..... since the employees themselves have opted with their eyes open with the modification in the scheme they are estopped from claiming any benefit under section 10(10c). he contends that section 192 of the income tax act casts a liability on the respondent. therefore, they had rightly deducted the tax at source. he has also hinted at the second .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2003
Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86
..... .10. to appreciate the respective contentions, it is necessary to glance through the relevant provisions of section 2(c), section 14(c), section 15 of the copyright act and section 2(d) of the designs act. the said sections are reproduced below for the facility of reference:-'section 2(c) artistic work' means,--- (i) a painting, a sculpture, a drawing (including ..... been reproduced more than fifty times by an industrial process by the owner of the copyright, or, with his license, by any other person.' 'section 2 of designs act' '2. definitions.---in this act, unless there is anything repugnant in the subject or context,--- (d) 'design' means only the features of shape, configuration, pattern, ornament ..... suit on the ground that the author of the said drawings has not been made a party to the present proceedings as required under section 61 of the copyright act. this argument is based on the submission that as per the plaintiff's own showing, they are merely assigns of the copyright and .....
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