Court : Supreme Court of India
Decided on : Dec-15-2006
Reported in : AIR2007SC1501; 2007(3)ALD39(SC); 2007(2)AWC1145(SC); 2007(1)KLT243(SC); (2007)147PLR247; 2006(14)SCALE7; 2007AIRSCW2027; 2007(3)CivilLJ685; 2007(3)AIRKarR350(SC)
..... , keeping in view of the facts and circumstances of the case, could not have been determined in such a proceeding. section 29 of the indian partnership act, 1932 states as to what would be the interest of transferee of a partner. sub-section (2) thereof determines the right of a transferee if the firm is dissolved or if the transferring partner ceases to .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-15-2006
Reported in : IV(2007)BC380; 2007(2)BomCR434
..... is also supported by the manager of r.c.f. who gave evidence and also produced document on record. as such the presumption arising under section 139 of n.i. act of existing debt or legal liability is rebutted by the accused by leading evidence. thereafter it was necessary for the complainant to show that besides ..... cheque bearing no. 028200 for rs. 1,40,000/- in favour of the complainant. same cheque later on came to be dishonoured as offence under section 138 of n.i. act was alleged to have been committed.3. at the trial, accused put forth a specific defence that he has repaid the entire amount and no ..... learned advocates for respective parties.2. by this application original complainant seeks leave to prefer appeal against acquittal. the complainant had filed complaint alleging offence under section 138 of negotiable instruments act. according to complainant there was a business deal between complainant and accused. accused used to purchase fertilizers on credit. on 28.10.2002 account of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-15-2006
Reported in : 2008ACJ493
..... vicarious liability without any negligence is opposed to the basic principles of law. here in the present case also there was no pleading in an application under section 166 of the act that there was mechanical defect in the vehicle. the appellants during pendency of the claim petition filed an application for amendment on 19.4.1996. application was ..... company by reasons of endorsement no. 16 had agreed to indemnify the insured even as against the liability that they arise under the common law and under section 110aa of the act and dependants are given a choice of filing a claim petition before the motor accidents claims tribunal or the commissioner for workmen's compensation, as the ..... truck was insured with new india assurance co. ltd., respondent no. 5.3. the appellants who are legal heirs of the deceased filed a claim petition under section 166 of the act claiming compensation of rs. 12,80,000 on the ground that the deceased was driver of the truck and he was earning rs. 2,000 as monthly .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-2006
Reported in : (2007)3GLR2706
..... raghavji unadkat continued. the authorities, after finding that the said raghavji unadkat was holding the land beyond the ceiling limits, proceeded under section 10 of the act. sections 10[1] and 10[2] of the act which are material for the present case read as under:10.acquisition of vacant land in excess of ceiling limit.-[1] as soon ..... the circumstances, the petitioner was required to appear in the matter which was processed against raghavji unadkat and was also obliged to file his objection. 8. section 2[i] of the act defines 'person'. the definition is inclusive and says that 'person' includes an individual, a family, a firm, a company or an association or body ..... was belonging to 13 persons, there were no good reasons for refusing the permission. it is submitted that in the present matter, proceedings under section 10[3] of the act were not drawn and as the petitioner was never dispossessed, the proceedings against the petitioner would stand abated and he would be entitled to retain .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-15-2006
Reported in : ILR2007KAR499; 2007(2)KCCR913; 2007(1)AIRKarR525(DB)
..... and by applying the principles laid down in the said judgments has proceeded to hold that the artisans named in the reference are workmen as defined under section 2(s) of the id act and since there is a dispute between the said workman and the management, the same constitutes an industrial dispute.9. since sri b.c. prabhakar, ..... this regard, the third issue reads as hereunder:3. whether the second party proves that the artisans are not the 'workmen' within the meaning of section 2(s) of the i.d. act and mat it is not an industrial dispute? 7. we have extracted the said issue since much emphasis was laid on this aspect of the matter by ..... labour court to come to the conclusion that the persons in whose favour the dispute had been raised by the respondent-union were workmen as contemplated under section 2(s) of the industrial disputes act, 1947. further, in any event, there was no jural relationship of employer and employee between the appellant and the said persons and therefore the issues .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(3)ALD369; 2007(2)ALT508
..... within fifteen days on receipt of this notice, to facilitate uninterrupted transmission of energy faling which our department will be obliged to initiate action under section 18 of i.e. act, 1910 and you will be held liable for all consequences.8. rules 78 and 80 of the indian electricity rules, 1956, prescribed minimum distance ..... falls down subsequently. therefore, whether trees are planted prior or subsequent to placing the electricity lines, it makes no difference insofar as exercising power under section 18(3) of the act.7. in the impugned order, the respondent informed the petitioner as under.1. that the a.p. transco, under an approved scheme, laid ..... of the transmission lines, and therefore the respondent cannot compel the petitioner to remove the teak plants. he also submits that under section 18(3) of the indian electricity act, 1910 (the act, for brevity) the respondent is competent to remove the trees and structures, which are erected subsequent to placing the transmission line but .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(2)ALD136
..... 517, dated 4-10-1974, a.p.g.g., r.s.p.i., dated 31-10-1974, made in exercise of the powers conferred by sub-section (1) of section 326 of the andhra pradesh municipalities act, 1965, would govern the present case.12. rule 3 of the said rules, dealing with transfers by voluntary action of owner, read as hereunder:in case ..... and other encroachers, they were allowed to remain there. in the year 1979, the father-in-law of the petitioner was prosecuted for the offence punishable under section 346/360 of a.p. municipality act and was sentenced to pay fine of rs. 50/-. it is further stated that the petitioner's husband, her father-in-law and other family members ..... , violation of principles of natural justice, violation of articles 14, 16 and 21 of the constitution of india and contrary to the rules framed under the a.p. municipalities act and be pleased to set aside the same and consequently direct the 1st respondent not to mutate the house property in the name of 2nd and 3rd respondents and pass .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(3)ALD634
..... the wife, parents, grand parents and son of gosala ramana (the deceased) who died in a motor vehicle accident filed a claim petition under section 166 of the motor vehicles act, 1988 (the act), seeking compensation of rs. 4,00,000/- from the respondents who are the owner and insurer of the jeep which was being driven by the ..... to establish that deceased did not die due to his negligence. therefore the appellants are not entitled to the compensation under section 166 of the act, they are entitled to compensation payable under section 140 of the act only.12. the learned counsel for appellant contended that the appellants may be given liberty to file an application under the ..... in d. satyanarayana's case (supra), a division bench of this court held that since the insurer will be liable for compensation to driver under section 3 of workmen's compensation act, even if the driver was negligent at the time of the accident, his rash and negligent driving is not a ground to deny compensation to him .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2006
Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92
..... of appellant no. 2, mother of amit batra. hence it cannot be called a 'shared household'.23. no doubt, the definition of 'shared household' in section 2(s) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does ..... not against the husband's in-laws or other relatives.22. as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the ..... is well settled that any interpretation which leads to absurdity should not be accepted.21. learned counsel for the respondent smt. taruna batra has relied upon section 19(1)(f) of the act and claimed that she should be given an alternative accommodation. in our opinion, the claim for alternative accommodation can only be made against the husband and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(2)ALD302; 2007(2)ALT491
..... 12-4-2004. the tenants filed applications in i.a.nos.160, 162 and 165 of 2004 in r.c. nos. 4 to 6 of 2004 respectively under section 5 of the limitation act to condone the delay of 26 days in filing the petitions to set aside the ex parte orders dated 16-2-2004 and also filed i.a. nos ..... the respondents are hereinafter referred to as the tenants.4. the eviction petitions in r.c. nos. 4 to 6 of 2004 filed by the landlord under section 10(2)(i) of the act on the file of the i additional rent controller, hyderabad, were allowed ex parte by orders dated 16-2-2004 directing the tenants to vacate the suit premises ..... of estate has also been created inasmuch as lease is the transfer of an interest in immovable property within the meaning of section 5 of the transfer property act (wherein the phrase 'the transfer of property' has been defined) read with section 105, which defines a lease of immovable property as a transfer or a right to enjoy such property. it is neither .....
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