Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : 2004(5)ALLMR(SC)169; 2003(3)ARBLR577(SC); 2004(1)JKJ1[SC]; 2003(10)SCALE181; (2004)12SCC327
..... justice r.p. sethi, a former judge of this court be appointed as a sole arbitrator in terms of the arbitration agreement. accordingly, we request justice r.p. sethi to act as the sole arbitrator learned counsel appearing for the parties also submitted that no plea as regards limitation would be raised before the learned arbitrator. the parties would be at .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-2003
Reported in : AIR2004SC348; 2004(1)ALD8(SC); 2004(1)AWC679(SC); (SCSuppl)2004(1)CHN54; [2004(1)JCR83(SC)]; JT2003(9)SC151; RLW2004(1)SC154; (2003)12SCC160
..... of the contracting parties but not their 'assignees' or 'transferees', the legal right of assignment available to the benefit of original contracting party under section 15(b) of the act cannot be denied to it.14. we are fortified in our view by two direct decisions of this court rendered in somewhat similar circumstances with ..... in interest, or his principal, has been accepted by the other party.'[emphasis added]10. as is to be seen from the, provisions of section 15(b) of the specific relief act, 1963, specific performance of the contract may be obtained by 'any party thereto' or 'their representative in interest'. this expression clearly includes ..... for obtaining reconveyance, no implied prohibition of transfer or assignment can be inferred in the document particularly in view of the clear provisions of section 15(b) of the specific relief act 1963 which read as under:'15. who may obtain specific performance -except as otherwise provided by this chapter, the specific performance of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2003
Reported in : AIR2004SC326; 2004(5)ALLMR(SC)407; [2003]117CompCas758(SC); (2004)1CompLJ148(SC); JT2003(9)SC67; (2004)9SCC438; 2004(1)LC725(SC)
..... decree in the definition of the word 'conveyance'.32. in view of the aforesaid discussion, we hold that the order passed by the court under section 394 of the companies act is based upon the compromise between two or more companies. function of the court while sanctioning the compromise or arrangement is limited to oversee that ..... case of consent decree where the terra of the settlement was admittedly a conveyance, transferring property alone. that the order passed by the high court under section 394 of the companies act cannot be equated with a consent order. this submission cannot be accepted. the court held that consent decree was an instrument. it was not held ..... from the defendants to the plaintiffs.' the aforesaid decree was based on an agreement between the parties. so is the case with an order under section 394 of the companies act which is also based on an agreement between the transferor company and the transferee company. 31. learned counsel for the appellants argued that the ruby .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2003
Reported in : 2004(1)ALD(Cri)690; 2004CriLJ598; JT2003(9)SC284; 2003(9)SCALE704; (2004)1SCC691; 2004(1)LC165(SC)
..... be proved, no inference can be drawn on the basis of those materials to conclude the complaint to be unacceptable. the court should not act on annexures to the petitions under section 482 of the code, which cannot be termed as evidence without being tested and proved. when the factual position of the case at hand ..... account pecuniary resources or property disproportionate to his known sources of income. clause (e) of sub-section (1) of section 13 corresponds to clause (e) of sub-section (i) of section 5 of the prevention of corruption act, 1947 (referred to as 'old act'). but there has been drastically amendments. under the new clause, the earlier concept of 'known sources ..... . those will be matters 'specially within the knowledge' of the accused, within the meaning of section 106 of the indian evidence act, 1872 fin short the 'evidence act').6. the phrase 'known sources of income'' in section 13(1)(e) {old section 5(1)(e)} has clearly the emphasis on the word 'income'. it would be primary to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2003
Reported in : AIR2004SC280; [2004(1)JCR116(SC)]; JT2003(9)SC140; 2003(9)SCALE741; (2004)3SCC349
..... which the law recognizes as sufficient to permit another person e.g., next friend, to move the court on his behalf; for example, see sections 320(4-a), 330(2) read with sections 335(1)(b) and 339 of the code of criminal procedure, 1973 (in short the 'code'). ordinarily the aggrieved party has the right ..... are easily distinguishable from those coming underthe first two categories. such personsinterfere in things which do not concernthem. they masquerade as crusaders forjustice. they pretend to act in the nameof pro bono publico, though they have nointerest of the public or even of theirown to protect. they indulge in thepastime of meddling with the ..... or founded on personal vendetta. as indicated above, court must becareful to see that a body of persons or member ofpublic, who approaches the court is acting bona fideand not for personal gain or private motive orpolitical motivation or other oblique consideration.the court must not allow its process to be abused foroblique considerations. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-2003
Reported in : JT2003(9)SC178; (2004)3MLJ73(SC); 2003(9)SCALE643; (2003)12SCC738
..... the state legislature is also one of the forms of check on the state government to exercise its powers as a delegatee.'29. sub-section (3) of section 72 of the act merely provides for laying down the rules before both the houses of the legislature with the reasons for giving a retrospective effect. the ..... :'from the foregoing discussion, it inevitably follows that the legislature never intended that non-compliance with the requirement of laying as envisaged by sub-section (6) of section 3 of the act should render the order void. consequently non-laying of the aforesaid notification fixing the maximum selling prices of various categories of iron and steel ..... , so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.' 20. sub-section (3) of section 72 of the act, therefore, confers power on the state to give retrospective effect to rules made thereunder, subject to the fulfillment of the legal requirements. 21. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-2003
Reported in : JT2003(9)SC408; 2003(3)KLT1126(SC); 2003(9)SCALE608; (2003)12SCC10
..... the impugned judgment which was against the interests of the public and, therefore, the nss was filing the appeal bona fide in public interest to protect the weaker sections who would not be able to come to this court after the impugned order. this court on 09.01.1998 directed issue of show-cause notice to the respondents ..... whether they are eligible when according to the kpsc the respondents were not even entitled to appointment. it was submitted for the aforesaid reasons the supplementary list cannot be acted upon and the respondents would not be entitled to any reliefs.14. mr. t.l.v. iyer, learned senior counsel, submitted that though the kpsc contended before ..... r1 and r2 also support the case of the petitioner including that once the ranked list expired the supplementary list also gets exhausted and that it should not be acted upon.'30. however, in spite of the averments made as above, the kpsc decided to implement the order of the high court thereby failed to protect the interests .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-2003
Reported in : 2004(1)ALD(Cri)629; 2004CriLJ646; JT2003(9)SC513; 2004(1)KLT201(SC); 2003(9)SCALE627; (2004)12SCC414
..... member of an assembly. the only thing required is that he should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the purview of section 141. the word 'object' means the purpose or design and, in order to make it 'common' it must be shared by all. in other words, the object ..... consisted of five or more persons and whether the said persons entertained one or more of the common objects, as specified in section 141. it cannot be laid down as a general proposition of law that unless an overt act is proved against a person, who is alleged to be a member of unlawful assembly, it cannot be said that he is ..... declaration as would be evident from the fact that he asked for and was given a glass of water which he took. section 149 has been rightly applied as all the accused persons carried weapons and their presence and acts done have been established. the time of occurrence was after mid-night and the distance, to the hospital was such as it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-2003
Reported in : 2003(90)ECC505; 2003LC513(SC); 2003(158)ELT257(SC); 2003(9)SCALE542; (2004)9SCC136
..... and not patent or proprietary ayurvedic drug and that as the goods are patent or proprietary ayurvedic medicaments within the definition given in section 3(h) of the drugs act, section 3(a) of the drugs act does not apply at all in the present case. it is also submitted that the tribunal (member (j)) has erred in ..... the authoritative text books on ayurveda. in fact, in the case of appellant in civil appeal no. 2072/1996, the products satisfy the definition in section 3(h) of drugs & cosmetics act as 'patent or proprietary' ayurvedic medicines also. further, the manufacture of this medicament is being done under the ayurvedic drug licence issued by competent authority ..... issued by the government of india in the light of richardson hindustan case. the tribunal placed undue reliance on the definition of ayurvedic medicament in section 2(a) of the drugs act. in our opinion, all the products ought to be classified as ayurvedic medicaments under sub-heading 3003.30 of the central excise tariff.44. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-2003
Reported in : JT2003(9)SC50; (2004)ILLJ217SC; 2003(9)SCALE520; (2003)12SCC68; 2004(86)SLJ107(SC); (2004)1UPLBEC921
..... staff association's case (supra). in that case, this court was concerned with the scope and effect of employees' family. pension scheme, 1971 framed under section 6a of the act. the staff association contended before this court that the manner in which the scheme was being operated was in effect prejudicial to the employees inasmuch as the ..... guidelines in the statute by the legislature to the executive in the matter of formulation of the pension scheme. they adverted to the provisions contained in section 6a of the act, which indicate clearly the objectives and policy of the legislation and the broad basis and outlines as also the core and frame of the pension scheme ..... delineated in section 6a of the act itself and schedule iii to the act and, therefore, that contention deserves to be rejected. they further noticed that the obligation to lay the scheme, as soon as it .....
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