Court : Mumbai
Decided on : Dec-11-2003
Reported in : II(2004)ACC863; 2004ACJ1602; 2004(2)ALLMR401; 2004(2)MhLj657
S.T. Kharcje, J.1. This appeal is directed against the Award dated 30-11-1992 passed by the Motor Accident Claims Tribunal in Claim Petition No. 30 of 1990 granting compensation of Rs. 1,62,000/- with interest at the rate of 12% per annum from the date of the petition till realisation in favour of respondents/claimants 1 to 5.2. Brief facts are as under:The accident occurred on 19-10-1989 at about 7-10 p.m. on Akot Akola road near Vallabhnagar. The deceased by name Laxmanrao Namdeorao Deshmukh was travelling in the S.T. Bus bearing No. MWY 9729 and he was going to Akot. When the S.T. Bus reached near the spot of accident, the truck, bearing No. MTV 2682 came from the opposite direction and there was a head-on collision between these two vehicles, as a result of which Laxman and others succumbed to the injuries sustained by them in the accident. The respondents No. 1 to 5 are the legal representatives of the deceased. They had filed claim petition against the owner, driver and Insurer o...
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : (2004)2UPLBEC1743
..... of deployment of petitioner's father on 20.7.1998 and final report was submitted on 16.2.1999 indicating that the allegations in respect of sections 420/467/468/471 ipc are not proved against the petitioner. however, final report was admitted by the judicial magistrate, jhansi ex parte on non ..... criteria, deficiency in qualification, admission to a course or benefits/gains in any form procured by foul means, non-observance of other provisions or requirements of relevant act, rules, regulations, bye-laws, norms, government orders, official memorandum, legal established pattern, (as some examples out of many more variety of defects) then selected ..... or at subsequent stage that illegalities, irregularities, improprieties, procedural infirmities and deficiencies and defects have occurred, forgery or foul-play adopted or non-observance of act, rules, norms were made in process then the beneficiary candidate, who has become output and product of such defective and bad selection or outcome of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Dec-11-2003
Reported in : (2004)(92)ECC329
..... the finance bill 2000 included amount payable by reason of "financing" also. however, "financing was deleted before passing bill into act". the learned counsel submitted that this background made it clear that, under the new substituted section also there is no warrant to include cash discount in the assessable value of the goods. the learned counsel for the appellant ..... filed against the said order.4. the learned sdr has, however, pointed out that our earlier order related to a period prior to the substitution of the section 4 of central excise act (valuation provisions) with effect from 1.7.2000. it is the learned sdk's contention that the criterion under the substituted ..... section is transaction value in each case. he has, therefore, contended that a cash discount, which is not given in a particular transaction, would not be eligible for .....
Tag this Judgment!Court : Chennai
Decided on : Dec-11-2003
Reported in : 2004(1)CTC81
..... of legislation and that it was within the rule-making powers of the state government and so also, there is nothing contrary in the said amendment to section 15 of the act and as such, on that account also, no fault could be found against it.7. before proceeding to consider the validity of the order of the ..... has repelled these challenges and has held the amendment to be within the rule-making power under section 56 as also being intra vires section 15 of the act. learned judge has taken into consideration the specific language of section 56 as also sections 15, 18 and various other rules while coming to the conclusion that the amendment was a ..... firstly that this amendment is beyond the rule-making powers of the state government under section 56 of the act. for that purpose, learned counsel took us to the text of section 15 and more particularly sub-sections (1) and (2) as the section then stood. the section is as under:'15. constitution of school committee:- (1) every private school shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2003
Reported in : AIR2004SC1772; 2004(1)BLJR583; (SCSuppl)2004(2)CHN56; 2004(2)CTC287; [2004(3)JCR208(SC)]; JT2003(10)SC470; 2004(2)KLT75(SC); (2004)3MLJ7(SC); 2003(10)SCALE624; (2004)2SCC32
..... not ordinarily differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63. succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of ..... clause. this is regulated by the well-known maxim 'cum duo inter se pugantia reperiuntur in testamentary ultimum ratumestest'. this principle is also contained in section 88 of the act which together with its illustrations, provides as under:'88. the last of two inconsistent clauses prevails. - where two clauses of gifts in a will are ..... k.k. venugopal, learned senior counsel the judgments of the district court, kozhikode and the high court suffer from irreparable infirmities. in the proceeding under section 192 of the act, there was no scope for adjudicating the genuineness of the will, on the face of several orders passed by various courts including high court of kerala .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2003
Reported in : 2004(2)MhLj594
..... in the case of ram kishore sen and ors. v. union of india, : [1966]1scr430 wherein it has been held in para 12 that, 'it is true that section 83 of the evidence act provides that the court shall presume that the maps or plans purporting to be made by the authority of the central govt. or any state govt. were so ..... court is of the considered opinion that this is a fit case which deserves to be remanded to the trial court for fresh decision according to law.5. section 83 of the indian evidence act, 1872 lays down that the court shall presume that the maps or plans purporting to be made by the authority of the central govt. or any state ..... must be proved to be accurate. the presumption of accuracy can thus be drawn only in favour of the maps which satisfy the requirements prescribed by the first part of section 83. exh.a-1 obviously does not fall under the category of the said map and so there can be no question of drawing any presumption in favour of the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : 2004(2)AWC1258
..... was a legally wedded wife on the date of accident, is a question which is incidental to the determination to the dependents who are entitled to the compensation. section 168 of the motor vehicles act, 1988, not only authorises the claims tribunal to make an award determining the amount of compensation, which appears to it to be just, but also to specify .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235
..... permissible in law to remove him without complying with the requirement of law, as required under the facts and circumstances of a particular case. sub-section (2a) of section 48 of the act, 1916 provides for a procedure of removal stipulating that after considering any explanation that may be offered by the president and making such enquiry as ..... made by them, we do not consider it proper to issue any direction to the respondent no. 1 to hold enquiry against the respondent no. 2 under section 48 of the act, 1916. however, the authorities, which are dealing with the grievances of the petitioners, must conclude the enquiry expeditiously in accordance with law.51. with these ..... officebearers sought to be removed.10. in state of u. p. and anr. v. nand kumar agrawal : jt2000(7)sc302 , while considering the provisions of section 48 of the act 1916, the hon'ble supreme court held that personal hearing is not contemplated in the said provision, though of course, if the authorities think it fit, they .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-11-2003
Reported in : III(2004)BC456
a.k. awasthy, j.1. appellants/defendants have filed this appeal under section 100, cpc against the judgment and decree dated 13.8.87 in civil appeal no. 30-b/84 passed by the learned vith additional district judge indore, confirming the judgment .....
Tag this Judgment!Court : Delhi
Decided on : Dec-11-2003
Reported in : 2004(73)DRJ429; 2004(28)PTC300(Del)
..... the part of the plaintiff at the time of adoption of identical mark on their part. the products of the parties are the products as one used by all sections of the purchasers including school going children, clerical work work force etc. the probability of confusion and deception in the facts and circumstances of the case particularly keeping ..... in new delhi, mumbai, ahmedabad, chennai, patna and hyderabad.3. the defendant, m/s. rotomac pens (guj.) private limited is a company incorporated under the indian companies act and is engaged in manufacture and sale of inter-alia, stationery products including pens. its house mark is rotomac in respect of the goods of its manufacture and sale. ..... mark `solo' and/or any other mark which may be identical and/or deceptively similar to the plaintiff's trade mark `solo' and/or from doing any other act as is likely to cause confusion and or deception amounting to passing off defendant's goods and/or business as the goods and/or business of the plaintiff. 2 .....
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