Court : Rajasthan
Decided on : Nov-29-2006
Reported in : I(2008)BC602
..... company petition in respect of liquidation of m/s. bhilwara wooltax ltd. the claim of the bank was outside the scope of definition of debts provided in section 2(g) of the 1993 act. the cause of action, if any had arisen at patiala and therefore the original suit filed by bank at bhilwara was not maintainable becauseof territorial jurisdiction. ..... the case was not for recovery of the debt. as per sections 3 and 17 of the 1993 act the tribunal has been constituted for the purpose of recovery of debts and not for adjudication of claim.learned counsel also contended that according to observation ..... drawn by m/s. bhilwara wooltax ltd. in favour of the bank. there was no privity of contract between the parties to the suit. as per section 30 of the negotiable instruments act, 1881 the drawer of the bill of exchange (hundi) is bound in case of dishonour by the drawee or acceptor thereof to compensate the holder. thus .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2006
Reported in : AIR2007SC1342; JT2006(10)SC603; 2007(1)KLT177(SC); 2006(13)SCALE236; (2007)2SCC202; 2007(3)SLJ54(SC); 2007(2)KCCRSN51
..... court; or has obtained such other foreign qualification in law as is recognized by the bar council of india for the purpose of admission as an advocate under this act;section 49 confers the power to make rules for discharging the functions of the bar council of india. relevant topics for our purposes are set down hereunder:49(1)(af) ..... each state bar council from amongst its members. it is a body corporate. the functions assigned to it are enumerated in section 7 of the act. the functions relevant for our purpose are contained in section 7(1) (h) and section 7(1)(i). they read:7(1)(h) to promote legal education and to lay down standards of such education in ..... traced to entry 26 of list iii of the seventh schedule and the high court was right in finding that the university act would prevail.7. the bar council of india is constituted under section 4 of the advocates act. it consists of the attorney general of india, the solicitor general of india, both in their ex officio capacities and one .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-28-2006
Reported in : 2007ACJ1885,(2007)3CALLT16(HC)
..... the evidence on record and on placing the material factors in the structured formula, we have identified the compensation amount which is just in terms of section 168 of motor vehicles act, 1988.29. appeal accordingly stands allowed on the aforesaid findings and observations. the impugned judgment and order stand set aside and quashed.30. let lower ..... the figure as rs. 3,000 per month and thereby the annual income goes to the figure rs. 36,000. it is the case under section 163-a, motor vehicles act, 1988. in view of the note as made thereon in the second schedule that 1/3rd of the income should be considered as personal expenditure of ..... of the victim.3. learned advocate for the respondent insurance company very frankly has submitted that the learned tribunal below was wrong in its finding that section 163-a of the said act stood repealed. but, however, on the question of quantum, the learned advocate for the respondent insurance company simply has opposed with reference to the prayer .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-28-2006
Reported in : 2007(3)ALLMR166; [2007(114)FLR989]; (2007)IILLJ609Bom; 2007(1)MhLj458
..... services (pension) rules, 1972. despite such an option having been exercised by the employees, they filed applications under section 4 of the payment of gratuity act claiming gratuity. the controlling authority under the payment of gratuity act, allowed the applications. the appeals preferred by the cantonment board pune have been dismissed. hence the present writ petition ..... in 2004 (1) clr 495, the supreme court has held that a teacher is not an employee under section 2(e) of the payment of gratuity act and hence the gratuity is not payable to a teacher under that act.6. the petitioner is, therefore, bound to pay the gratuity to all the other respondents, except respondent ..... and, therefore, the gratuity will be payable to the employees under the act. the qualifying test under section 1(3)(b) of the payment of gratuity act being satisfied, it was held that the employees are entitled to gratuity payable under this act.3. in the case of municipal corporation of delhi v. dharam prakash sharma .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-28-2006
Reported in : 2007(3)BomCR981; [2007(112)FLR1196]; (2007)IILLJ620Bom; 2007(1)MhLj463
..... and representations were sent to the respondent by the petitioner thereafter upto february, 1993 for being allotted a separate code number. no enquiry under section 7-a of the act was conducted by the respondent.4. despite all the efforts made by the petitioner to have its establishment covered voluntarily and then to obtain a ..... sub-account with the state bank of india.5. the regional provident fund commissioner's office, however, thereafter issued a notice to the petitioner under section 14-b of the act levying damages for the alleged defaults in remitting the contributions from april, 1986 to june, 1994. the regional provident fund commissioner has, in exercise ..... and allot the petitioner a sub-code number. the petitioner was not told the basis of such clubbing nor was any enquiry held under section 7-a of the act prior to the clubbing of these establishments. the provident fund authorities have clubbed the establishments together without any material on record indicating the nexus .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2006
Reported in : 2007(4)ALT52
..... donor is divested of his title and the donee becomes the absolute owner of the property. the question is whether the gift in question had become complete under section 123 of the tp act? it is seen from the recitals of the gift deed that motilal gopalji gifted the property to the respondent. in other words, it was a conditional ..... 09.8.1954 is true, valid and binding on the defendant? (b) whether the oral arrangement pleaded by the plaintiff is true and not hit by section 92 of the evidence act?(c) whether the defendant has perfected her title by adverse possession?(d) whether decree for delivery of possession of the suit properties (undivided half) is executable? ..... the evidence on the aspect of oral arrangement said to have been made is inadmissible in evidence in the light of the specified bar imposed under section 92 of the indian evidence act, 1872. the learned counsel also had taken this court through the findings recorded by the court of first instance and also the appellate court and .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-28-2006
Reported in : IV(2007)BC214
..... no demand. as such, the demand was made on 6.10.1998 which can be said to be a demand notice as contemplated under clause (b) of section 138 of the act and admittedly from that date complaints have not been filed within limitation after arising of cause of action. hence learned magistrate has rightly acquitted accused in all 3 cases ..... these facts, the trial court held that there was a demand of amount of 3 dishonoured cheques and said demand was as per proviso to clause (b) to section 138 of the act. all 3 complaints were held not filed within the stipulated period and complaint was held to be barred by limitation and accused came to be acquitted. complainant by ..... it was dishonoured and intimation dated 5.10.1998 was given to the complainant. demand of that amount was made but it was not satisfied, so alleging offence under section 138 of the act, second complaint came to be filed.in s.t.c. case no. 1000/99 complainant alleged offence on account of dishonour of cheque dated 1.10.1998 for .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-28-2006
Reported in : [2008]296ITR146(Guj); [2009]176TAXMAN283(Guj)
..... 7. from the said judgment of the apex court, it would be clear that in a case where the mistake is apparent from the record, powers under section 154 of the act could always be exercised. in the present matter, the assessing officer, in view of the debatable issue relating to deduction or disallowance of the deductions, could ..... the tribunal was right in holding that the issue being debatable, the assessing officer was not justified in disallowing deduction claimed by way of adjustment under section 143(1)(a) of the income-tax act, 1961?2. at the outset, mr. m.r. bhatt, learned counsel for the revenue, fairly admits that the issue is covered against the ..... high courts, but, the question would be that whether the assessing officer was justified in proceeding under section 143(1)(a), especially, when the matter was debatable and the assessing officer could proceed either under section 143(2) or section 143(3) of the act.6. the apex court, in the matter of t.s. balaram, ito v. volkart brothers .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-2006
Reported in : ILR2007KAR40; 2007[5]STR254; [2007]7STT249
..... in south india. the union government imposed service tax on the tour operators. pursuant to that, notice was issued to the appellant to register under section 69 of the finance act, 1994 for the purpose of levying service tax. the appellant and other operators filed writ petitions inter-alia to quash the notice. the learned single ..... the definition of 'taxable service' is clear. it means any service provided to any person by a tour operator in relation to a tour. as per section 65(76) of the act, 'tour' means journey from place to place. the services rendered by a tourist operator are, carrying the tourists to tourist spots for sight seeing, purchasing ..... imposed by the state for raising revenue. the tax is imposed for public purpose for raising general revenue of the state. every taxing statute has a charging section and provision laying down the procedure to access the tax and penalty and method of their collection and may also contain provisions to prevent pilferage of revenue. nature .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2006
Reported in : 2007(3)ALD389
..... first respondent has become final, the only point for consideration is to what compensation are the appellants entitled to.7. the tribunal restricting the compensation payable under section 140 of the motor vehicles act, 1988 (the act) on the ground that the appellants are majors and so they cannot be said to be the dependants on the deceased. the view taken by the ..... tribunal is clearly erroneous because the compensation payable in a petition under section 166 of the act is to a legal representative but not to the dependents. the fact that the appellants are the son and daughter of the deceased is not denied or disputed .....
Tag this Judgment!