Court : Supreme Court of India
Decided on : Aug-24-2006
Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756
..... was mandatory, such contract was to be warranted by the terms of the incorporation. the words 'ratified and adopted' have been dropped from the main section and in section 19 of the 1963 act, a proviso has been added that the company has accepted the contract and communicated such acceptance to the other party of the contract. an express ..... occupied or intended to be occupied as a separate dwelling, and(b) any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it [housing act, 1996 (c. 52 1996), section 6b(1)]in 'word and phrases, permanent edition, volume 19a, it is stated:the word 'building' necessarily embraces the foundation on which it rests; and the ..... court must decide what is the most appropriate form for the relief to take. the aim is (as sir arthur hobhouse said in plimmer v. mayor of wellington (1884) 9 ac 699 to 'look at the circumstances in each case to decide in what way the equity can be satisfied'. the court approaches this task in a cautious .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... definition or connotation of these concepts. these concepts undergo changes with the passage of time. they cannot be decided etymologically by reference to dictionaries. sub-section (1) of section 20 of the rp act, 1950 clarifies that mere ownership or possession of a dwelling house at a certain place does not necessarily mean that a person is ordinarily residing there ..... seat' as used singly or together in articles 81(2)(b), 84, 101(2), and 330 held as under:. some articles of the constitution and some sections of the act refer to seats in connection with election to the house of the people. for instance, when article 81(2)(b) provides for the same ratio throughout the state ..... by one half of the states legislatures. on this premise, it has been submitted that it should follow, as a necessary corollary, that the change made in section 3, rp act, 1951 is one that no longer ensures, by parliamentary law, the representation of states in parliament, or in any case one that makes a change in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC2945; JT2006(8)SC547; (2007)2MLJ427(SC); RLW2007(1)SC359; 2006(8)SCALE399
..... after the second world war, however, certain information is available. a book edited by mr. bishweshwar dass was published titled 'combined inter-services : historical section : india and pakistan', wherein it has been stated that the government had accepted full responsibility for medicare of disabled ex-servicemen as also for their rehabilitation ..... the rejoinder affidavit unequivocally states that the objection raised by the union of india is incorrect. the confederation was registered under the societies' registration act, 1860. likewise, all associations which constitute the confederation are similarly registered individually. it is further stated that air force association and indian ex- ..... or occupations or the like. what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration. (emphasis supplied) 19. the principle laid down in anwar ali sarkar and budhan choudhry has been consistently followed and reiterated by this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : (SCSuppl)2006(4)CHN148; 103(2007)CLT62(SC); [2007(1)JCR95(SC)]; JT2006(7)SC539; 2006(8)SCALE252
..... fact this is an absolute public debuttor estate with religious and charitable in nature and that estate will enjoy the protection as given by w.b.l.r. act, 14m sub-section 5. (underlined for emphasis)12. similarly, in the writ petition filed one of the prayers was as follows:a writ of and/or in the nature ..... shows the character of the endowment.7. per adjudication of the controversy, certain provisions and factual aspects need to be noted. section 5 of the acquisition act deals with effect of notification issued under section 4 of the acquisition act. section 6(1) is of significance and reads as follows:6. 'right of intermediary to retain certain lands - (1) notwithstanding ..... the endowment was of public nature exclusively for charitable and religious purpose and therefore was entitled to retain 7 standard hectares of land in terms of section 14m(6) of the act. challenging the said order, an application numbered as o.a. 328 of 2002 was filed by the shebaits of the said deity before the west .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2855; 2006CriLJ4070; II(2006)DMC368SC; [2006(4)JCR215(SC)]; JT2006(7)SC490; 2006(8)SCALE210; (2006)10SCC115
..... death so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is relevant for invoking section 304b ipc and section 113b of the evidence act. (see also: dhian singh and anr. v. state of punjab : (2004)7scc759 , sarojini v. state of m.p. : 1993crilj1648 , state ..... inflicted on the deceased. 35. this court in hira lal and ors. v. state (govt. of nct), delhi : 2003crilj3711 reiterated that section 304b ipc and section 113b of the evidence act were inserted with a view to combat the increasing menace of dowry deaths. perhaps the legislations are outcome of public opinion and a comprehensive 91st ..... was killed within seven years of her marriage for not fulfilling the demands of dowry articles. 16. according to the requirement of section 304b ipc and section 113b of the indian evidence act, the trial court also examined whether there was evidence that the deceased soon before the death was subjected to harassment and cruelty .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92
..... minority institution.27. it is interesting to note that the question as to whether the jains should be treated to be a minority under section 2(c) of the national commission for minorities act, 1992 came up for consideration before a three-judge bench of this court in bal patil and anr. v. union of india and ..... community which has different sects, sub-sects, faiths, modes of worship and religious philosophies. in various codified customary laws like the hindu marriage act, hindu succession act, hindu adoption and maintenance act and other laws of the pre- and post-constitution periods, definition of 'hindu' included all sects and sub-sects of hindu religions including ..... and you had assured that you will never repeat such mistakes and indiscipline in future. therefore, being the principal of school, i advise you to stop these acts of indiscipline and work as a model teacher.yours faithfully,sd/-(smt. kusum sharma)principalg. jr. high school, bal vidya mandir, etah copy forwarded to following .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2996; 2006(6)BomCR734; 2006(2)CTLJ212(SC); [2006(111)FLR1]; JT2006(7)SC554; (2006)IIILLJ773SC; 2006(8)SCALE245; (2006)7SCC330
..... was no master and servant relationship between the parties and the members of the union were not workmen within the meaning of the expression 'workman' under section 2(s) of the act. the high court was of the further view that the company had not established either that the members of the union were not workmen or that ..... or difference shall be referred to the decision of two arbitrators one each to be named by either party and thereupon all the provisions of the indian arbitration act (act x of 1940) or any other statutory modification thereof for the time being in force shall be applicable.9. it is to be noted that this court had ..... passed by the industrial tribunal, bombay (in short the 'tribunal') rejecting the reference made to it by the government of maharashtra under the industrial disputes act, 1947 (in short the 'act') on the ground that the respondent-union was not able to establish master and servant relationship between the alleged workmen represented by the union and the present .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : 2006(6)ALD103(SC); (2006)205CTR(SC)53; [2006(4)JCR89(SC)]; JT2006(8)SC328; 2006(8)SCALE161; (2006)6SCC613
..... the opinion of additional solicitor general of india who has certified that no substantial questions of law arise for determination by the high court under section 260a of the i.t. act. accordingly, it is submitted by the respondents that the writ petitions deserve to be dismissed with heavy costs.55. submissionsmr. ram jethmalani, learned ..... incomes which had escaped assessment as she had not filed her returns earlier. the assessee also applied for waiver of interest and penalty under section 273a of the i.t. act. in the voluntary returns, the assessee disclosed income derived from dairy farming, agriculture and rent from house property. upon receipt of returns for ..... given in the impugned decision of the tribunal for making such strong observations against the officers of the revenue. although the high court under section 260a of the i.t. act would not have enquired into the sufficiency of materials or substituted its judgment for that of the tribunal in regard to facts, nevertheless, if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : (2006)205CTR(SC)512; [2006]156TAXMAN512(SC)
..... the opinion of addl. solicitor general of india who has certified that no substantial questions of law arise for determination by the high court under section 260a of the income tax act. accordingly, it is submitted by the respondents that the writ petitions deserve to be dismissed with heavy costs.submissions7. mr. ram jethmalani, ..... incomes which had escaped assessment as she had not filed her returns earlier. the assessee also applied for waiver of interest and penalty under section 273a of the income tax act. in the voluntary returns, the assessee disclosed income derived from dairy farming, agriculture and rent from house property. upon receipt of returns for ..... the assessment years 1995-96 and 1996-97 the assistant commissioner issued notice of defecting (defective) returns under section 139 of the income tax act in which it was alleged that regular books of accounts were not maintained-, that, return was not accompanied by a statement indicating the amount .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-2006
Reported in : AIR2006SC3001; JT2006(8)SC185; 2006(8)SCALE199
..... is whether the land is acquired for development by the board or for any other purpose in furtherance of the objects of the act, as mentioned in sub-section (1) of section 28 of the act. in fact, if the contention raised by the learned senior counsel for the appellants is accepted, it would mean that even ..... the land can be acquired for (i) development by the board; or (ii) for any other purpose in furtherance of the objects of the act. under sub-section (8) of section 28, the state government is empowered, after it has taken possession of land, to transfer the same to the board for the purpose for which ..... /engineering college, research and development center, educational center, commercial and residential buildings and service apartments, convention center, hotel, shopping mall, etc. in the notification under section 28(1) of the act, the purpose of acquisition, namely, the purpose for which the company, vikas telecom (p) ltd. wanted the land, as enumerated above, was not mentioned and .....
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