Court : Uttaranchal
Decided on : Feb-25-2006
Reported in : IV(2006)ACC677
..... spending at least that much of amount on himself. the multiplier of 15 selected by the tribunal also cannot be found fault with. though second schedule to the motor vehicles act prescribes multiplier of 17 for the age group of 30-35 years, but in view of the dictum of the apex court in the case of municipal corporation of greater ..... and in assessing the income of the deceased at rs. 15,000 per annum on the basis of the notional income prescribed in the second schedule to the motor vehicles act. we do not find any infirmity in the deduction of the 1/3rd of the notional income as the personal expenses of the deceased, as the deceased, admittedly, was 31 ..... of the income of the deceased or the claimants' dependency assessed by the tribunal or the multiplier selected.9. for the foregoing reasons, the appeal filed by the claimants under section 173 of the motor vehicles act fails and is, hereby, dismissed. no order as to costs. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-27-2006
Reported in : (2006)2MLJ382
..... granting marks. this will be violative of article 14 of the constitution as held in the said decisions. the 1997 regulation has statutory force as under section 33 of the indian medical council act, 1956 it will amount to delegated legislation. in andhra bank v. b. sathyanarayanan : (2004)iillj5sc it was held by the supreme court that a ..... the marks obtained on the syllabus of state curriculum prescribed by the state board. it is pertinent to note that though section 8 read with section 2(k) makes the provisions of section 4 of the tamil nadu act 45 of 1994 applicable to the admission to all professional courses, rule 4 of the rules specifically provides that there will ..... and the marks obtained by them shall be the base cut-off marks to which the students of other disciplines as enumerated in the act shall qualify through the common entrance test. section 7 provides that the admission criteria for all kinds of students shall be on the cut-off marks equated by treating the marks obtained .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-27-2006
Reported in : AIR2006Cal157
..... the manner indicated in the impugned orders. the authorities were also empowered to remove the persons concerned from the railway in exercise of powers available under provisions of the railways act, 1989, section 147. they were not under any obligation to initiate any proceedings under any other provision of law for removing them from the places concerned. this issue is no longer .....
Tag this Judgment!Court : Kerala
Decided on : Feb-27-2006
Reported in : IV(2006)ACC751; 2006(2)KLT80; [2006]147STC438(Ker)
..... it is a contrivance which moves a vehicle which merely moves from one place to another need not necessarily be a motor vehicle within the meaning of section 2(18) of the act. it may move on iron flats made into a chain such as a caterpillar vehicle or a military tank. both move from one place to another ..... orissa : [1975]2scr138 and submitted that a vehicle which merely moves from one place to another need not necessarily be a motor vehicle within the meaning of section 2(28) of the act. counsel referred to ext.p5 photograph of the hydraulic excavator and submitted that it is not meant for use on road. counsel submitted because of the chain ..... in : 2005(2)klt436 - raj constructions ltd. v. intelligence officer holding that the excavator in question is not a motor vehicle within the meaning of section 2(28) of the motor vehicles act due to its distinguishing features compared to other types of escavators. aggrieved by the same this appeal has been preferred by the state.3. sri. raju joseph .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-27-2006
Reported in : 2006(3)ALD365; 2006(4)ALT236
..... go into further factual details, which may have to be decided at length at appropriate stage. suffice to state that the revision petitioner filed an application under section 65 of the act read with section 151 of the code of civil procedure, 1908, (hereinafter referred to as 'the code'), to permit the petitioner to file the certified copy of the ..... and if the secondary evidence happens to be certified copies of registered document, then the contents thereof can be read in evidence by virtue of sub-section 5 of section 57 of registration act.in this case, admittedly, the petitioner herein was given notice to produce the document no. 2 but he has stated that it was not in ..... if the secondary evidence happens to be certified copy of the registered document, then the contents thereof can be read in evidence by virtue of sub-section (5) of section 57 of the registration act. hence, i am of the opinion that the trial court is right in allowing the documents to be marked. 11. it is no doubt true .....
Tag this Judgment!Court : Kerala
Decided on : Feb-27-2006
Reported in : [2006(109)FLR927]; 2006(2)KLT41; (2006)IILLJ995Ker
..... taken the task of examining the veracity of the contentions, as above.4. under section 2(j) of the kerala headload workers act, the word 'establishment' is defined. section 1(3) of the act restricts the operational field of the act to establishments. the scheme lists the group of activities as coming within the definition. ..... plantations, such as coffee, rubber etc., come within the purview of the act, but agricultural operations ..... attended to by the workmen engaged by the petitioners on a permanent basis. counsel points out that a separate enactment, namely the kerala agricultural workers act, governs them. this position is practically accepted, and agricultural works necessarily have to include harvesting, threshing, bagging and at times transport. headload work .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2006
Reported in : [2007]292ITR291(MP)
..... was charged on the trade advance of rs. 15 lakhs ?2. whether in the facts and circumstances of the case, the tribunal has erred in holding that under section 80hhc of the it act no deduction was allowable on the amount of rs. 10,80,571 on the ground that there was no direct nexus between these receipts and the export business of ..... findings of the cit(a) on this count and restore the matter to the file of the ao tore-compute the deduction under section 80hhc in view of cl. (baa) of explanation below sub-section (4b) of section 80hhc of the act.9. in our view, the tribunal having noted that for want of any material, not on record and having been filed in ..... , the same cannot form part of the profit of a business eligible for the purpose of deduction under section 80hhc of the act. we are, therefore, of the view that the aforesaid receipts are hit by expln. (baa) below sub-section (4b)of section 80hhc of the act and do not form part of the profit of business. as such, we do not find ourselves .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-2006
Reported in : [2007]135CompCas243(Guj); [2008]84SCL15(Guj)
..... inclusive; (b) in respect of companies with a paid-up share capital of not less than one lakh of rupees, by part vii (sections 425 to 560) and the other provisions of this act relating to the winding up of the companies.(3) for the purposes of jurisdiction to wind up companies, the expression sregistered office means the place ..... would be the concerned high court, we will have to adopt the definition from the companies act and in relation to the jurisdiction, we again will have to refer to section 10 of the companies act. clause-(b) of sub-section-(2)of section 3 of the sica further provides that the words and expressions used but not defined either in ..... the company petition is required to be filed in a court within whose jurisdiction the registered office of the company is situate. section 10 of the companies act reads as under:10. (1) the court having jurisdiction under this act shall be - (a) the high court having jurisdiction in relation to the place at which the registered office of the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-27-2006
Reported in : 2006(2)AWC1794
..... contained in the scheme of administration in that case, which provided for appointment of administrator, was 'inconsistent with and repugnant to the policy reflected by section 16-d of the act and for that reason ultra vires'. similar facts are of the present case also.25. accordingly, for the foregoing reasons, in my opinion, keeping ..... in view the provisions of the scheme of administration of the institution, as well as the provisions of section 16-d(14) of the act no authorized controller of administrator could have been appointed for managing the affairs of the institution in question. in the facts and circumstances of this ..... in the petitioner college which 14 a minority institution, specially keeping in view the scheme of administration of the institution and the provisions of section 16-d(14) of the act; and then if the authorized controller could have been appointed, whether he could decide as to which group should be called for election.15 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-27-2006
Reported in : AIR2006P& H171; (2006)143PLR304
..... further that plaintiff-respondent 1 had every right to proceed against the land in dispute, the learned lower appellate court observed as under:19. according to section 28 of the said act, only a transfer for consideration and without notice of right of the wife to receive maintenance is protected. defendant no. 2 tailed in his attempt to ..... defendant-appellant had notice of the claim of plaintiff-respondent 1. therefore, the judgment and decree cannot be set aside merely on the ground that sections 27 and 28 of the act have been erroneously cited to provide basis to the judgment and decree.13. there is an offer made by defendant-appellant to plaintiff-respondent 1, ..... singh a.i.r. 1941 lahore 407 (fc). the logical consequence would then be that as charge-holders the respondents would be entitled under section 91 of the transfer of property act to seek the redemption of the mortgage.10. in the case of rakesh wadhawan (supra) the supreme court has again endorsed the aforementioned principle in .....
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