Court : Delhi
..... view of the above discussion, we hold that section 14(1) (e) of the 1958 act is violative of the doctrine of equality embodied in article 14 of the constitution of india insofar as it discriminates between the premises let for residential and non- residential purposes when the same are required bona fide by the landlord for occupation for himself or for any member of his family dependent on him and restricts the latters right to seek eviction of ..... on the other hand, it is contended by learned counsel for the respondent that as per satyawati sharma (supra) classification made between premises let out for residential purposes and non-residential purposes in the matter of eviction of tenant on the ground of bona fide need of the landlord, has been held as irrational, arbitrary and violative of article 14 of the ..... occupy the premises in possession of the tenant and that good faith or genuineness is of a reasonable man, it would not be open to the controller to weigh the claim of the landlord in a fine scale and that the viability of the other accommodation will have also to be considered from the stand-point of a reasonable landlord ..... and mother are totally dependent on him financially and also for the purpose of residence ..... requirement of the landlord would also depend on his financial status and his standard of living ..... 2008) 5 scc 287, supreme court nowhere stated that premises let out for non-residential purposes can be got vacated for residential purposes under section 14(1) (e) of .....
Tag this Judgment!Court : Kerala
..... issued by the state government and the rules prescribed under the rte act and the provision in the affiliation byelaws for payment of salary at rates applicable to government school teachers will lead to heavy financial burden on all educational institutions and if they recoup the same by enhancing the fees, most of the students will not be able to pay such heavy fees leading to their leaving the schools for ..... therefore, fixation of pay to staff and teachers at par with government schools which is beyond the financial capacity of many managements, will lead to increase in fees above reasonable levels, compelling children to leave schools with syllabus and medium of education of their choice defeating the objective of rte act which is ..... for detailed consideration as to whether there is a requirement to pay salary and allowance to teachers and staff in unaided schools at par with government schools because it may not be financially viable for the managements and the student community. ..... however, unless fair wages are paid to both teaching and non-teaching staff and their service conditions reasonably fixed, the unaided private schools will not get quality teaching staff which will affect the coaching and in turn the educational ..... is a compulsory requirement for viability of a school. ..... so far as the non-teaching staff are concerned, we direct payment of minimum of rs.6,000/- to clerical staff and rs.4,500/- to peons and class iv staff as an interim measure until decision is taken .....
Tag this Judgment!Court : Supreme Court of India
..... in that meeting, the representatives of the government of madhya pradesh (additional chief secretary and chief wildlife warden), government of gujarat (principal secretary forest and chief wildlife warden) along with non-official members of the standing committee of national board of wildlife were also present during the discussions. ..... but also the long term viability of survival of the translocated lions. ..... only filial-2 or filial-3 of the captive bred population could be introduced in wild through soft release and it would require strict monitoring with scientific inputs at all levels supported with strong political, administrative and financial commitments. ..... financial assistance to the tune of rs.1,00,000/- in the form of housing material was also given. ..... anthropocentrism is always human interest focussed thinking that non-human has only instrumental value to humans, in other words, humans take precedence and human responsibilities to non-human are based benefits to humans. ..... in other words, human interest does not take automatic precedence and humans have obligations to non-humans independently of human interest. ..... eco-centrism is nature-centred, where humans are part of nature and non-humans have intrinsic value. ..... eco-centrism is, therefore, life-centred, nature-centred where nature includes both humans and non-humans.40. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... regular recruitment should be insisted upon, only in a contingency can an ad hoc appointment be made in a permanent vacancy, but the same should soon be followed by a regular recruitment and appointments to non-available posts should not be taken note of for regularisation xxxxxxxxxxxxxxxxxxxxxxx the direction to make permanent can only encourage the state, the model employer, to flout its own rules and would confer undue benefits on a ..... a direction to give permanent employment to all those who are being temporarily or casually employed in a public sector undertaking may cause the financial burden on such undertaking to become so heavy that the undertaking itself may collapse under its own weight. ..... the courts cannot impose on the state a financial burden of this nature by insisting on regularisation or permanence in employment, when those employed temporarily are not needed permanently or regularly. ..... the state works out the scheme taking into consideration the financial implications and the economic aspects. ..... (para 45, 49 and 13) obviously, the state is also controlled by economic considerations and financial implications of any public employment. ..... the viability of the department or the instrumentality or of the project is also of equal concern for the state. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... and this provisional rate of 175 paisa per unit shall not be taken as any reference price for arriving at the negotiated rate to be mutually agreed keeping in view the interest of the consumers of the state and financial viability of the project along with the commercial interest of the gridco .further, the provisional payment at the rate of 175 paisa per unit both in respect of 12% of the ex-bus power generated by the 50 mw generating unit and ..... the ppa, and in the second petition, being petition no.29/2010 whereby it prayed for determination of provisional tariff in respect of 12% of the power to be supplied to the state and filed therefore a statement of calculation as per the technical and financial norms specified in the cerc (terms and conditions of tariff), regulations,2009 as well as certain operational parameters applicable to the talcher thermal power station (ttps), and arrived at a variable cost at 59 paisa per kwh. 6. ..... the commission adopted a peculiar method, namely the probable cost of purchase, if made from the cgps/ ntpc-er generating stations or through power exchange and as the average rate of the ntpc-er stations during the financial year 2010-11 was rs.3.02 the said rate was determined as the rate payable by the gridco to the asl in respect of 88% of the balance power from the 50 mw generating unit of the asl. ..... as per the tariff regulations, 2004 all non-controllable costs as checked by the commission with due diligence and prudence shall be treated as pass .....
Tag this Judgment!Court : Delhi
..... the scope of work for dulanga mines project, which was taken into account by the respondent in evaluating the technical proposal of the petitioner as being non-responsive, in it having necessary experience for development and operation of dulanga coal mine, was not part of the tender document and hence it was absolutely incorrect for the respondent to have shut out the petitioner ..... b) para 1.0 (ii) of your above letter against qr of clause 7.2 of itb: we are attaching the following: a) financial certificate of last 3 years we hope that the above submission clarifies your points on qr requirement; if your require further clarification/information in this regard, kindly inform ..... the mine operator shall submit to the owner the annual financial statement of cost incurred towards progressive mine closure activities duly certified by national environmental engineering research institute (neeri) or central mine planning and design institute limited (cmpdil) or any other institute as may be notified by ..... in the present case, the feasibility and viability of full operation and development of a coal block has been gone into by the technical evaluation committee of the respondent, for rejecting the proposal/bid of the petitioner. ..... decision of rejecting the proposal of the petitioner, therefore, passes the litmus test of legal reasonableness and cannot be subjected to any interference on the slender ground of non use of the word blasting along with drilling in the qr of the tender document. .....
Tag this Judgment!Court : Andhra Pradesh
..... satisfied that there is a prima facie case for initiating action for declaring a consultant/contractor as a poor performer due to persistent non adherence of laid down quality standards/execution of sub standard work, wrong measurements/wrong billing and non compliance of terms of reference of contract/breach of contractual obligations, poor physical/financial progress, may submit a proposal to corporate office for initiation of the process of declaring the said consultant/contractor as a poor performer ..... gandhi and others, (1991) 2 scc 716, this court held that even in domestic enquiry if the facts are not in dispute non-recording of reason may not be violative of the principles of natural justice but where facts are disputed necessarily the authority or the enquiry officer, on consideration of the materials on record, should ..... however, there was delay in execution of the contract and since the delay resulted in financial loss to the first respondent, a show cause notice was issued on 14.08.2015 asking the petitioner to show cause as to why it should not ..... required to evaluate the commercial viability and engineering feasibility of the ..... the appellant s contention that penalties have already been imposed as per contract conditions for non-availability of experts and hence it should not be the reasons for declaring m/s barsyl as poor performer cannot be agreed to as imposition of penalties is part of contract management of the particular contract and declaration of poor performer .....
Tag this Judgment!Court : Delhi
..... i have quoted the above findings of the sole arbitrator in detail only to highlight that the arbitrator has arrived at his findings on non- existence of the arbitration agreement after duly scrutinizing all the correspondence exchanged between the parties during their negotiation and leading to the singing of the distribution agreement by the appellant and the email ..... as the parties could not reach the conclusion on the financial terms, the respondent vide its email dated 21.04.2016 terminated its business relationship with the appellant, leading to a dispute between the parties and the reference thereof to the sole ..... noted above, while the parties were discussing the terms of the distribution agreement, they were also discussing the financial arrangement including the issue of mrp affixation on the product. ..... respondent also sent a proposal for commercial viability to the appellant.14. ..... but it seems from your email that your offer is non negotiable, i have to accept it the way it is coming and we do accept it the way it ..... that the parties had agreed to both mrp value to be affixed and also who will affix the mrp and the issue of margin was a mere non issue for the agreement between the parties. ..... 16 of the act the arbitrator is under an obligation to finally determine the issue of existence of the arbitration agreement and cannot refuse to proceed with the arbitration only on the basis of prima facie conclusion as to the non existence of the arbitration agreement between the parties. .....
Tag this Judgment!Court : Delhi
..... the court confirmed that costs have to be borne by the intermediaries provided that such imputation participates to the material and financial contribution to be made by the intermediaries whose services are used by a third party to infringe ip rights in order to remedy this infringement, and respects a fair balance between the copyright protection and the freedom of enterprise of the ..... wherein it held that only in the instance where the blocking measure would compromise the viability of the business model of intermediaries, that the cost of such measure would be borne by the ..... enforcement and website blocking is on sites that facilitate large-scale copyright infringement such as those that have many full-length movies, tv shows, and songs so even if the ip address used by a piracy site hosts non-infringing pages or files, the legitimate content that is blocked is small, and not reason enough to avoid shutting down the website. ..... . if an intermediary is tasked with the responsibility of identifying infringing content from non-infringing one, it could have a chilling effect on free speech; an unspecified or incomplete list may do that in order to avoid contempt action, an intermediary would remove all such content, which even remotely resembles that of the cs ..... is because many countries that are home to digital piracy sites have governments that will not or cannot shut them down, whether because there are weak or non-existent intellectual property protections or for geopolitical reasons .....
Tag this Judgment!Court : Delhi
..... the court confirmed that costs have to be borne by the intermediaries provided that such imputation participates to the material and financial contribution to be made by the intermediaries whose services are used by a third party to infringe ip rights in order to remedy this infringement, and respects a fair balance between the copyright protection and the freedom of enterprise of the ..... wherein it held that only in the instance where the blocking measure would compromise the viability of the business model of intermediaries, that the cost of such measure would be borne by the ..... enforcement and website blocking is on sites that facilitate large-scale copyright infringement such as those that have many full-length movies, tv shows, and songs so even if the ip address used by a piracy site hosts non-infringing pages or files, the legitimate content that is blocked is small, and not reason enough to avoid shutting down the website. ..... . if an intermediary is tasked with the responsibility of identifying infringing content from non-infringing one, it could have a chilling effect on free speech; an unspecified or incomplete list may do that in order to avoid contempt action, an intermediary would remove all such content, which even remotely resembles that of the cs ..... is because many countries that are home to digital piracy sites have governments that will not or cannot shut them down, whether because there are weak or non-existent intellectual property protections or for geopolitical reasons .....
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