Court : Delhi
Decided on : Dec-05-2003
Reported in : 111(2004)DLT4b; 2004(74)DRJ287
..... . briefly, the germane facts leading to the present petition are that the above named landlord had filed an eviction petition under section 14(1)(b) of the delhi rent control act, 1958 (hereinafter to be referred to as the `act') with the averments and allegations that the suit premises comprising of an industrial shed measuring 900 sq.ft. and one room ..... under article 227 of the constitution of india. in other words, the contention is that the order of the tribunal has attained finality, there being no provision in the act either for a second appeal or revision or review of such an order and, thereforee, this court cannot upset or reverse the finding recorded by the tribunal by re- ..... not provide any second appeal or revision to the high court. the purpose behind for not providing such remedy is to give finality to the order passed under the act. the power under article 227 is exercisable where it is found by the high court that due to a certain grave error an injustice has been caused to a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-2003
Reported in : AIR2004SC390; 2004(1)ALD113(SC); 2004(5)ALLMR(SC)159; [2004(1)JCR79(SC)]; JT2003(10)SC401; 2003(10)SCALE461; (2004)12SCC306
..... his say that he is an illiterate person and/cannot put his signatures. this will clearly demonstrate that the respondent herein has not received the notice under section 12(2) of the act personally. if that is so, the notice upon the respondent was not duly served. the contention of the appellants on this ground, therefore, fails. ..... of the receipt of payment. it is undisputed that the application was received on 18.9.92. therefore, there was only one day's delay.10. section 18 of the act prescribes the procedure for reference to court and provides that every application for reference shall be made -- (a) if the person making it was present or ..... petition by setting aside the order dated 8.12.92 and directed the land acquisition officer to re-hear the question of maintainability of the application under section 18 of the act after affording an opportunity of hearing to the 1st respondent by adducing evidence. the land acquisition officer, thereafter, heard the matter afresh and rejected the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-2003
Reported in : 2004ACJ1657
..... was nationalized in the year 1972 from 2nd january 1973 and the general insurance corporation of india was to carry out its objectives under section 9 of the act. the act of 1972 bestowed an exclusive privilege to operate, on the four nationalized insurance companies. however, the exclusive privilege was taken away by virtue ..... to the common detriment and for regulation and control of such business, the parliament enacted the general insurance business (nationalization) act, 1972 (act of 1972) which by section 2 declared that the said act was enacted for giving effect to the policy of the state as defined in article 12 towards securing the principles specified in ..... source : website of general insurance corporation of india - http://www.gicofindia.org/ about_us.html).14. the expression 'general insurance business' as defined in section 3(g) of the act of 1972, means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them, but does .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-2003
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... was nationalized in the year 1972 from 2nd january, 1973 and the general insurance corporation of india was to carry out its objectives under section 9 of the act. the act of 1972 bestowed an exclusive privilege to operate, on the four nationalized insurance companies. however, the exclusive privilege was taken away by virtue ..... (source: website of general insurance corporation of india - http://www.gicofindia.org/about_us.html).14. the expression 'general insurance business' as defined in section 3(g) of the act of 1972, means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them, but does ..... to the common detriment and for regulation and control of such business, the parliament enacted the general insurance business (nationalisation) act, 1972 (act 57 of 1972) which by section 2 declared that the said act was enacted for giving effect to the policy of the state as defined in article 12 towards securing the principles specified .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-2003
Reported in : (2004)2CompLJ347(Bom); [2004]50SCL641(Bom)
..... ,50,000, in both the cases.7. the respondent therefore, preferred two appeals, before the securities appellate tribunal, mumbai, under section 29 read with section 15j of sebi act on 29-8-2000, against the above orders. the said appeals were contested by the present appellant. after hearing both the parties ..... speech or law case esp. for newspaper publication, house of commons debate on bill when reported periodical statement on public work. 3. sound of explosion.as per webster dictionary 1959 edition 'information 'means: 1. knowledge communicated or received concerning a particular fact or circumstance, news information concerning a crime ..... only) for violation of regulation 3(4), sebi (substantial acquisition of shares and takeover) regulations 1997 (for short takeover regulations, 1997) and section 15a(b) of sebi act, against the respondent, (original appellant), were set-aside. thereby appeals filed by the respondent herein, were allowed. therefore, the appellants herein (original .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2003
Reported in : 2006ACJ652; 2004(3)MPHT344; 2004(3)MPLJ308
..... . whether user of vehicle was for commercial purpose or private purpose is necessary to be determined in this case.4. plaintiff has filed the insurance policy (ex. p-2). under section i - loss or damage, company has agreed to indemnify the insured against loss or damage to motor car and/or its accessories whilst thereon as mentioned on the grounds as ..... damage and/or liability directly or indirectly or proximately or remotely occasioned by contributed to by or traceable to or arising out of or in connection with war invasion, the act of foreign enemies hostilities or warlike operations (whether before or after declaration of war) civil war, mutiny rebellion, military or usurped power or by any direct or indirect consequences of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-2003
Reported in : 2004(5)ALD54; 2004(5)ALT138; III(2005)BC185
..... of action accruing to the defendant against the applicant either before or after the filing of the application.13. a plain reading of sub-section (8) of section 19 of the act makes it clear that the tribunal is clothed with the exclusive jurisdiction not only to make an enquiry into the application filed by a bank ..... said application is liable to be exclusively tried by the tribunal created under the provisions of the act and to that extent the jurisdiction of the civil court is barred.12. that apart, under sub-section (8) of section 19 of the act even a defendant in an application may, in addition to his right of pleadings a set ..... bank for the reasons that the jurisdiction of the civil court is excluded under section 18 of the recovery debts due to banks and financial institutions act, 1993 (for short 'the act') to try such applications. the tribunal constituted under the provisions of the act shall alone exercise the jurisdiction, powers and authority to entertain and decide applications .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-05-2003
Reported in : (2004)(168)ELT83Tri(Mum.)bai
..... claim that these coins have been received as gifts on various occasions in piece-meal manner is not only false but concocted. the gold coins are covered under section 123 of the customs act and the onus is on the party to prove that the same has been licitly acquired. in this context, i have been reminded of the supreme court ..... v. amichand valamji [2002 (149) e.l.t. 32 (bom.) = 1960 bombay law reporter vol. lxii 1043 at pg. 1072 referring to section 178(a) of the sea customs act which is predecessor to section 123 of customs act, 1962] had held, -- "..... a belief in the existence of a thing requires a more solid foundation than in the case of a mere suspicion ..... be based upon same definite information acquired from a reliable source that a certain person is in possession of smuggled goods. the belief again as required by section 178a of the sea customs act, must be a reasonable one, not a belief of a man who just catches at some slight circumstance which only creates a sort of guess or .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-05-2003
Reported in : ILR2004KAR853
..... petitioners and taking his revenge on them.7. digressing here, it is necessary for me to point out that this petition along with several other petitions filed under section 482 cr.p.c. wherein the proceedings before the trial court had been stayed came to be listed before me as a stop gap assignment during such times ..... together and be at the receiving end until that litigation finally concludes or is it the intention of the law that the powers vested in the high court under section 482 cr.p.c. have specifically been promulgated for purposes of culling and quashing this class of litigation at its very inception; are really the basic issues ..... only precaution which the complainant has to take is to ensure that the drafting is letter perfect, that overt acts of culpability are attributed, that the facts are so arranged that they come within the ingredients of the charging section and that the complaint satisfies the requirement of a 'prima facie case'. the learned magistrate is duty bound to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2003
Reported in : II(2004)DMC48; 2004(2)MPHT550
..... writ under article 227 of the constitution of india. it is filed by the defendant, against an interim order, passed by the family court on an application under section 24 of the hindu marriage act. by impugned order, the learned family judge has fixed rs. 2,500/- per month by way of maintenance to be paid to petitioner i.e. wife, rs .....
Tag this Judgment!