Court : Andhra Pradesh
Decided on : Dec-20-2006
Reported in : II(2007)ACC535; 2007(4)ALD46; 2007(3)ALT20
..... (the deceased) who allegedly died due to the rash and negligent driving of the driver of the bus belonging to the appellant, filed a claim petition under section 166 of the motor vehicle act, 1988, (the act), seeking compensation of rs. 3,00,000/- from the appellant.2. after contest by the appellant, the tribunal, by the award under appeal, awarded rs. 2 ..... 137 for fixing the appropriate multiplier and taking the multiplier at '13.5', it fixed the pecuniary damages at rs. 1,94,000/-.7. as per schedule-ii of the act, even assuming that the deceased was aged above 40 years, the multiplier would have been '15' so, the compensation payable to the respondents 1 to 3 would have come to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-20-2006
Reported in : 2007(3)ALD531
..... not to it. in this case, since the appellant did not, admittedly, obtain permission under section 170 of the act, the appeal preferred by it is liable to be dismissed as not maintainable.5. now the point for consideration is whether the cross-objections are maintainable ..... compensation. in nicolleta rohtagi's case (supra), the apex court, by overruling some earlier judgments, held that an insurer cannot, without obtaining permission under section 170 of the act from the tribunal, maintain an appeal questioning the quantum of compensation or on the pleas that are available only to the owner of the vehicle, but ..... of the ratio in national insurance co. limited v. nicolleta rohtagi : 2002(6)ald1 , the appeal preferred by the appellant without obtaining permission under section 170 of the act is not maintainable and contended that since the appeal itself is not maintainable, the cross-objections also are not maintainable and so, they need not be .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2006
Reported in : [2007(114)FLR378]
..... sum of rs. 30,674/- and the said order of the corporation came to be assailed before the esi court under an application filed under section 75 of the act of 1948 by the respondent and based on the material placed by both sides, the esi court came to the conclusion that the respondent-establishment was ..... definition of 'manufacturing process' or not and the answer to this question would decide the out come of this appeal also.7. 'manufacturing process' is defined under section 2(k) of the factories act, 1948 thus:2(k) 'manufacturing process' means any process for-(i) making, altering repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, ..... fixed by the central government by notification and therefore, the question of any other person being excluded from definition of the employee as defined under section 2(9)(a) of the act will not arise. therefore, the aforesaid decision referred to by the learned counsel for the respondent is not applicable to the case on hand. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-20-2006
Reported in : 2007(2)ALD840
..... to an accident said to have been caused by a lorry belonging to the first respondent and insured with the second respondent, filed a claim petition under section 166 of motor vehicles act, 1988 (the act) seeking compensation of rs. 4,00,000/- from the respondents on the ground the deceased aged about 45 years was earning rs. 6,323/- per month. first ..... finding recorded by the tribunal as to how the accident took place because the second respondent did not think it fit to file an appeal after obtaining permission under section 170 of the act.4. so, the only point for consideration is to what compensation is the appellant entitled to?5. the contention of the learned counsel for appellant is that since ..... that she was aged 47 years at the time of her death and so the tribunal ought to have fixed the multiplier of '15' as per schedule ii to the act, or at least '10' as per bhagawan das v. mohd. arif 1987 (2) alt 137. it is also his contention that the tribunal was in error in not awarding any .....
Tag this Judgment!Court : Chennai
Decided on : Dec-20-2006
Reported in : (2007)1MLJ510
..... through its chief secretary and ors. v. sushil kumar reported in : (1996)11scc605 , the supreme court noticed that the candidate was acquitted of the offence under sections 304 and 324 read with 34 ipc. the central administrative tribunal, new delhi, allowed the claim of the candidate for appointment in the police service. though the said ..... having noticed the relevant provision of the rule, in the facts of the case, the rajasthan high court held that suppression of pendency of criminal case under sections 336 and 337 ipc cannot be held to be disqualification and the candidate should be given an opportunity to explain that the suppression was not deliberate.7. the ..... and antecedents are such as to qualify him for such service.subsequently, in exercise of power conferred by sections 8 and 10 of the tamil nadu district police act, 1859 and sections 9 and 10 of the chennai city police act, 1988 read with proviso to article 309 of the constitution of india, the said rule was amended vide .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-2006
Reported in : 2007(3)ALLMR125; 2007(3)MhLj95
..... .10. in gurudevdatta vksss maryadit v. state of maharashtra (supra), the hon'ble apex court has in paragraph no. 25 in the process of considering the provisions of section 27(3), in the light of amending provision has stated that - it is cardinal principle of interpretation of statute that the words of a statute must be understood in ..... representative to participate and vote in affairs of respondent no. 4 federal society. the resident deputy collector has found that the provisions of section 27(3) and 27(3a) of the maharashtra co-operative societies act, 1960 have been amended at some time and object of the amendment is to see that the member does not get voting rights in ..... is itself sufficient to conclude that there is no scope left for applying a logic behind the amendment by act no. 41/2000. the application of mind in this respect by the respondent no. 1 rdc cannot be sustained. the words of section 27(3) are very clear and it can be implemented as it is without any difficulty. there .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-20-2006
Reported in : (2007)210CTR(Cal)64,[2007]289ITR273(Cal)
..... . union of india : [1999]236itr1(delhi) , the delhi high court observed, inter alia, as follows (page 23):to sum up, our conclusions are : (1) the proviso to section 92 is ultra vires article 14 of the constitution as it results in creating two artificial classes between the same class of assessees, i.e., the litigating assessees in arrears ..... ; (2) the definition of 'tax arrears' in clause (m) of section 87 should be so read as to mean the amount of tax, penalty or interest determined by any competent authority on or before march 31, 1998, though such determination might ..... to show that there was no estoppel in respect of any statutory provision or that no benefit could be allowed to be enjoyed by the revenue because of an erroneous act on the part of the assessee based on misconception of law. such proposition, in our view, could not be applied in the instant case. the decision of .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2006
Reported in : ILR2007KAR226; 2007(2)KLJ164; 2007(1)KCCR469; 2007(2)AIRKarR1; AIR2007NOC936(DB)
..... single judge's order quashing the proceedings of the technical committee. we fully appreciate the learned single judge's anxiety that the state and its instrumentalities should act in a fair manner that they should not resort to pick and choose methods, that they do not either unduly favour any tenderer and unreasonably eliminate any ..... authority.(ii) sri parasaran submits that the procedure followed in the instant case by the appellant-kpcl is in substantial compliance with the provisions of the transparency act and rules.(iii) he submits that the tender scrutiny committee of the appellant-kpcl has not given any findings as to whether or not the second respondent ..... . further, the appellant-kpcl was directed to re-notify and to call for fresh tenders to award the contract following the procedure as stipulated under the transparency act and rules.6. aggrieved by the aforesaid order, the appellants kpcl and m/s. south india corporation ltd. have presented writ appeal nos. 1730/2006 and .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-2006
Reported in : 2007(1)ALLMR497; 2007(2)BomCR84; (2007)109BOMLR170
..... learned counsel for the appellants could not and did not dispute this fact. he submitted that the present proceedings arise out of notice under section 314 and not under section 351 of the act, and therefore, whether structures are unauthorised has no relevance. however, the fact remains that they are unauthorised. in view of this i proceed ..... he further stated that the disputed structures were illegal and unauthorisedly erected without permission of the corporation on d.p. road and hence the notices under section 314 of the act were issued. he also denied that the appellants are entitled for alternate accomodation since they are not covered by the policy of government. it is ..... cross examination that no permission of the corporation while erecting the suit structure in 1983 was sought and that he is not having license under section 394 of the act. similarly, appellant no. 3 in cross examination has clearly stated that he was not aware whether the corporation acquired the land on which the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-20-2006
Reported in : 2008(1)KLJ815
..... acquiring such land should not be allowed to take any advantage of such ignorance of the agriculturists. once an application is moved for making a reference under section 18 of the act it becomes the duty of the collector to send full information to the court regarding the entire land acquired and it is thereafter the duty of the court ..... making the reference the collector was required to state for the information of the court the particulars as mentioned in clauses (a) to (d) of sub-section (1) of section 19 of the act. thus it was the duty of the collector to mention not only the situation and extent of land but even particulars of any trees, buildings or standing ..... at the cost of the claimant....5. in ram kumar and ors. v. union of india and ors. : [1991]1scr649 , the supreme court held thus:under section 18 of the act the only requirement for the person interested who had not accepted the award was to move a written application to the collector requiring that the matter be referred for .....
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