Court : Jammu and Kashmir
Decided on : Feb-26-2003
Reported in : II(2004)ACC752,2005ACJ1258,2003(2)JKJ308
..... as finding as regard negligence or contributory negligence of the offending vehicle, unless the conditions precedent specified in section 170 of 1988 act is satisfied. motor vehicle accident claim is a tortious claim directed against tort-feasors who are the insured and the driver of the vehicle and the ..... sc 3350, a similar question came up for consideration before the apex court, and it was observed as under:'even if no appeal is preferred under section 173 of 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well ..... on account of the contract of the insurance but that does not mean that the insurance company can avail a larger defence on merit unless permission under section 170 of the act is granted by the tribunal consequently, it must be held that on the facts of the present case, the insurance company is not entitled to file .....
Tag this Judgment!Court : Chennai
Decided on : Feb-26-2003
Reported in : [2003]116CompCas543(Mad)
..... the filing of the complaint, they have repaid the entire amount due to the deposit holders; that the proceeding initiated by the official liquidator under section 446 of the companies act has been unnecessarily dragged-on. for all such reasons, the petitioners would pray for the reliefs extracted supra. 4. no counter even would be filed ..... trials against them.' 7. submitting the above judgments, the learned counsel for the petitioners would submit that the punishment contemplated for the offence under section 58a of the companies act is only one year and according to the judgment of the honourable apex court, if the pendency is for more than one year in such ..... comes to be known from both the above criminal original petitions is that the respondent initiated the proceedings against the petitioners for an offence punishable under section 58a of the companies act and rule 3(a) of the companies (acceptance of deposit) rules, 1975 in the year 1984, which came to be taken on file respectively .....
Tag this Judgment!Court : Chennai
Decided on : Feb-26-2003
Reported in : (2003)IIILLJ812Mad
..... other establishment, the government of the state in which that other establishment is situated, will be the appropriate government. (2)(a) a notification under section 10(1) of the clra act prohibiting employment of contract labour in any process, operation or other work in any establishment has to be issued by the appropriate government: (1) ..... judgment in cases where such a direction has been given effect to and it has become final. (5) on issuance of prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to conditions of service,, ..... it so that purpose in the light of para 6 hereunder. (6) if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-26-2003
Reported in : [2003]129TAXMAN788(AP)
..... receipts did not constitute income from the business.12. in this backdrop of submissions, we may have to examine the very word 'business' as contemplated under section 2(13) of the act. the word 'business' is one of large and indefinite import. however, it connotes something which occupies the labour and attention of a person for the ..... derived from such transactions cannot be called an income from the business. assuming that it is a business as contemplated under section 2(13) of the act, the same is exempted under section 11 of the act. further, the submission that the income shall be treated as an income derived from the property held under the trust cannot ..... the property held under the trust it can be treated as voluntary contribution given by the hyderabad race club to the assessee-trust as contemplated under section 12 of the act. the conduct of the hyderabad race club in respect of this transaction is only a fiduciary for the benefit of the assessee. such voluntary contributions .....
Tag this Judgment!Court : Central Administrative Tribunal CAT
Decided on : Feb-26-2003
Reported in : (2003)(3)SLJ323CAT
..... post of sub divisional engineer and on the same day placed under suspension pending contemplation of disciplinary enquiry, has filed the present o.a. under section 19 of the administrative tribunals act, 1985, and prayed for the following reliefs: in view of the facts mentioned in paragraph 4 above, the applicant prays for the following relief: ..... the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or ..... 8.2002 is just, legal and based on material facts. it is contended by the learned counsel for the applicant that the said order is an excessive act and perpetuated to the previous order of reversion; that the said order is the high handedness on the part of the authorities; that no self contained .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-26-2003
Reported in : (2003)(87)ECC513
..... only after ten years cannot be a reason to set aside the order as there is no limitation prescribed for conclusion of the proceedings under section 116 of the customs act.16. the limitation regarding the exercise of power by this tribunal which is a creature of the statute has been considered by the apex court ..... for finalizing the assessment only for the reason of long delay.7. admittedly there is no period of limitation prescribed for finalizing the provisional assessment made under section 18 of the customs act, 1962. therefore, we have to examine whether on the basis of the ratio of the decisions relied on by the appellant the commissioner (appeals) or ..... the importer took up the matter in appeal. the commissioner (appeal) held that the demand raised is premature in view of the provisions contained under section 28(3)(b) of the customs act, 1962 as provisional assessment was not finalised. he, therefore, set aside the order confirming the demand but further held that his order will not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : 2003(4)ALD519; 2003(5)ALT780
..... require the applicant to given an undertaking for such payment, it cannot be said that the undertaking is contrary to the letter and spirit of the licence or section 28 of the act. the counterpart agreement is a statutory one and an undertaking has been given as prescribed in clause (iv) of form il-28 under rule 30. it ..... and foreign liquor retail sale conditions of licences) rules, 1993 were made in exercise of powers conferred by the act under section 72 read with sections 28 and 29 of the act. likewise, in exercise of the powers under section 72 read with sections 28 and 29, the government made a.p, excise (lease of right to sell indian liquor, foreign liquor and ..... that the government issued g.o. ms. no. 152 revenue (excise-ii) department dated 30.3.2002 in exercise of powers under section 72 read with sections 28 and 29 of the a.p. excise act, 1968 ('the act' for brevity) amending the rules applicable for the excise year 2002-2003. g.o. ms. no. 109 revenue (excise-ii) department .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-27-2003
Reported in : [2004(101)FLR410]; (2004)IILLJ369Bom; 2004(1)MhLj776
..... legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948 (63 of 1948), the person so named; and ii) in relation to any other establishment, the person who, or the authority which, ..... shri saste opposed the prayer and justified the order of learned judicial magistrate taking the cognizance of the complaints and issuing the process against the applicants.5. section 2(17) of the esi act provides'principal employer' means - (i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or ..... the person so named; ii) in any other establishment, any person responsible for the supervision and control of the establishment; 6. so far as the act is concerned, the definition given in section 2(e) provides :'employer' means - 1) in relation to an establishment which is a factory, the owner or the occupier of the factory, including .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : 2003(1)ALD(Cri)970; 2003(2)ALT(Cri)84; 2003CriLJ4410; II(2003)DMC605
..... opportunity to tender their explanation or to clear the particular points of ambiguity or dispute, the procedure is contrary to general principles and to the specific provisions of section 145, evidence act. inasmuch as no specific contradiction or omission is drawn to the notice of p.w. 2 and answer is elicited from her, ex. d-1 serves ..... prosecuted.5. ex. d-1 is an inadmissible document in evidence. it is a certified copy of deposition given by p.w. 2 in an earlier proceedings. section 33, evidence act, deals with relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts stated therein. certain conditions are laid down in the said provision to ..... p.c. she sentenced a-1 to undergo rigorous imprisonment for six months and to pay a fine of rs. 5,000=00 for the offence under section 6 of dowry prohibition act. aggrieved thereby, first accused preferred an appeal in criminal appeal no. 1 79 of 1997 on the file of vi additional sessions judge, secunderabad. by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2003
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 31(10) of the alienation of immovable property rules (gift, sale, exchange or mortgage of property) under sections 74, 86(3), 90(3)(a) read with section 107 of the a.p. charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed permission is sustainable in the facts and circumstances ..... section 80 read with section 153 of a.p. charitable and hindu religious institutions and endowments act, 1987, act no. 30 of 1987. the learned counsel submitted that in view of the date of auction, the old rules alone are applicable ..... this regard which had been reversed by the appellate court. the learned counsel further had pointed out to the relevant rules under sections 74 and 107 of a.p. charitable and hindu religious institutions and endowments act 1966, act 17 of 1966, and also the present rules of 1987 framed in exercise of the powers conferred by .....
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