Judgment Search Results Home > Cases Phrase: financial non viability Page 99 of about 1,994 results (0.018 seconds)

Fcc Vs. Wncn Listeners Guild

Court : US Supreme Court

..... [ footnote 2/34 ] the commission also insists that any findings about the financial viability of a particular format would be entirely speculative. ..... "it does not include matters such as an increase in commercial matter or decrease in the amount of non-entertainment programming, both of which are subjects of review and concern, and have been for some time." id. ..... the commission emphasized the difficulty of objectively evaluating the strength of listener preferences, of comparing the desire for diversity within a particular type of programming to the desire for a broader range of program formats and of assessing the financial feasibility of a unique format. ..... 607 dissenting is no substantial support for the endangered format as evidenced by an outcry of public protest, (3) the devotees of the endangered format are too few to be served by the available frequencies, or (4) the format is not financially viable." id. ..... [ footnote 46 ] respondents place particular emphasis on the role of foreign language programming in providing information to non-english-speaking citizens. .....

Eldred Vs. Ashcroft

Court : US Supreme Court

..... the crs report suggests a way to take account of both that likelihood and the related "decay" in a work's commercial viability: find the annual decay rate that corresponds to the percentage of works that become commercially unavailable in any given year, and then discount the revenue for each successive year accordingly. ..... it is easy to understand how the statute might benefit the private financial interests of corporations or heirs who own existing copyrights. ..... that history refers frequently to the financial assistance the statute will bring the entertainment industry, particularly through the promotion of exports. ..... consistent with the berne convention, the eu directed its members to deny this longer term to the works of any non-eu country whose laws did not secure the same extended term. ..... a key factor in the ctea's passage was a 1993 european union (eu) directive instructing eu members to establish a baseline copyright term of life plus 70 years and to deny this longer term to the works of any non-eu country whose laws did not secure the same extended term. ..... in feist, we observed that "[t]he sine qua non of copyright is originality," id. ..... community for creative non-violence v. ..... this is a classic non sequitur. .....

Vinay Cements Limited Vs. State of Assam and ors.

Court : Guwahati

..... subsequently, by a letter dated 2-11-84, the joint secretary to the government of india, industries department informed the said promoter that dependingupon the viability of the project, the government of assam may take up participation under the assisted sector which would be channelised through the assam industrial development corporation ltd. ..... the auditors report submitted on 3-5-1987 shows that as on 31-3-1987 the financial involvement of the company was already to the extent of rs. ..... the auditor report dated 3-5-1987 shows that the total financial involvement of petitioner company as on 31-3-1987 was rupees 2,47,45,245/-. ..... deka there was no commitment from the financial institution to participate in the project and finally there was no commercial production nor any letter of intent is.sued to the company. mr. ..... the policy laid down guidelines in respect of fiscal incentives, provision of infrastructure, markeing facilities, suitable power tariffs and extension of financial assistance and tax concessions. ..... goswami submitted that all material time, the company intends to use the local people to work in the factory both in managerial and non-managerial posts. 8. .....

Purnima Prasad and ors. Vs. the Oriental Insurance Company Limited and ...

Court : Patna

..... in view of the discussion in the preceding paragraph that the insurance company and the agent had conspired with each other in ensuring that the policy lapsed on account of non-payment/non-receipt of the amount of premium, we cannot permit the insurance company, a public-sector undertaking acting in public interest under an act of parliament and inspired by article 47 and 21 of the constitution ..... so as to insure low-risk individuals and exclude the high risk ones from insurance via exclusion conditions would' impose a heavy financial burden on the people who are prone to get sick and most in need of risk protection, obyiously works against the constitutional ..... of our country, the gujarat high court observed that health care schemes including mediclaim are devised to ease the financial burden of the high costs of hospitalization on the low and middle income group population. ..... in 2003 afflicted by a serious illness which was diagnosed at all india institute of medical sciences, new delhi, as non hodgkins lymphoma of the abdomen, described in common parlance as cancer of the abdomen, and had undergone chemotherapy and radiotherapy ..... party cannot be absolved from viability to perform a contract merely ..... refusal would, however, be justified on the grounds such as fraud, misrepresentation, non-fulfilment of the obligations by the insured, or where the performance of obligation under the contract to renew the policy as stipulated is dispensed with or excused under the provisions of the indian .....

Al-faihad Fincom Limited and anr. Vs. Central Economic Intelligence Bu ...

Court : Andhra Pradesh

Reported in : 2002(4)ALD830; [2003]114CompCas404(AP); [2004]50SCL354(AP)

..... properties, their valuation, and adequacy of the value of the properties qua the liabilities of the petitioners to investors and shareholders and whether any of the properties above are encumbered in any manner as to detract from their viability to discharge claims of such investors and shareholders, as are raised on the first petitioner's company and/or the second petitioner. ..... the company is involved in banking and corporate finance and is governed by various provisions of the reserve bank of india act, 1934 (rbi act), be it noted chapter iiib of the rbi act contains provisions relating to non-banking institutions receiving deposits and financial-institutions. ..... , the report submitted by the advocate commissioner falsified the rosy picture given by the second petitioner about the financial soundness of first petitioner-company. ..... third respondent has not taken any action against the petitioners, much less action for allegedly exhorting non-decretal amounts under the threat of investigating criminal offence. ..... introduction and reliefs prayed :the first petitioner is a non-banking finance company (nbfc) registered under the companies act, ..... the petitioners allege that they collected non-interest yielding/ profit sharing investments in the form of equity and invested in equity ..... is alleged that all the investors who have invested in the company are likely to earn profits/dividends provided the petitioners are permitted to carry on its trading and other non-finance business activities. .....

Laxmi Transport Co. and ors. Vs. Chief Operation Manager and anr.

Court : Allahabad

Reported in : 2005(3)ESC1685

..... 2 crores may not have the financial viability to implement such a project. ..... as a matter of policy the government took conscious decision to deal with one firm having financial capacity to take up such a big project instead of dealing with the multiple small companies which is a relevant consideration while awarding such a big project. ..... 20 crores to enable the companies with real competence having financial stability and capacity to participate in the tender, particularly, in view of the past experience. ..... the basic requirement of article 14 is fairness in action by the state, and non-arbitrariness in essence and substance is the heartbeat of fair play. ..... 30 lacs during one in three previous financial years. .....

Lal Jhanda Rockman Cycle Industries Workers' Union Vs. State of Punjab ...

Court : Punjab and Haryana

Reported in : [2007(113)FLR171]; (2007)145PLR359

..... opined that the cycle division of the factory had been suffering continuous losses every year and if this division is not allowed to close down, there was every likelihood that it would adversely effect the viability of the unit as a whole and especially auto unit as well. ..... while passing order dated november 2, 2005, the exert of which reads as under:that the management has filed the application with mala fide intention.that the workers are in no way responsible for any financial loss to the company either in production or for any indiscipline. ..... in the factory; it was also correct that the rates of raw material had increased resulting in the increased production costs even though the sale price did not increase, which ultimately resulted into huge financial losses, which of course are irretrievable. ..... the union could raise an industrial dispute regarding the non-recognition but there is a difference vis-a-vis the right to be recognised and right to present the workers for raising a dispute under the act. ..... been found as a matter of fact that the workmen had gone on strike and they had submitted complaint for adopting the 'slow down policy', which has become the route and cause for the financial disfiguration.20. ..... were represented before the government when the application under section 25(o) of the act, had been filed by the management for seeking permission to close down the cycle division, as the same was incurring irretrievable financial losses. .....

M.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...

Court : Supreme Court of India

Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)

..... do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.compensation for loss through non-performance of act known to be impossible or unlawful:-- where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promise did not know, to be impossible ..... work notice, to what extent it committed breach of the terms of the contract, assuming that it could have carried out some job as pointed out by awho would depend upon the commercial viability as a large number of workmen were to be engaged although it cannot carry out the major construction work, which was a relevant factor for determining the quantum of damages. ..... cannot sit in appeal over the award of the arbitrator but can certainly interfere when the award suffers from non-application of mind or when relevant fact is ignored or irrelevant fact not germane for deciding the dispute is ..... 1 and any delay in commencement of the construction activity will cause immense financial misery and loss of further time (which cannot be given back by any ..... contracts and practice, seventh edition, page 162-163, it is stated that liability to pay damages for non-performance of an impossibility only arises where the contract is absolute and unrestricted by any condition expressed or implied ..... 2, the question of suffering financial misery of loss, cannot .....

M/S Doshi Ion Exchange and Chemical Industries Ltd. Vs. Union of India ...

Court : Rajasthan

Reported in : AIR2001Raj276; 2001(2)WLC759; 2001(3)WLN510

..... and others (supra), that the decision has to be on the basis of over all view of the transaction, after weighing various relevant factors and having regard to the commercial viability, the court cannot interfere in thedecision but it can only go into the merits of decision making process. ..... when large works contracts involving engagement of substantial manpower or requiring specific skills are to be offered, the financial ability of the tenderer to fulfill the requirement of the job is also important; (4) the ability of the tenderer to deliver goods or services or to do the work of the requisite standard and quality; (5) past experience of the tenderer and whether he ..... their certificates and documents relating to their work experience and financial data regarding previous 3 financial years were examined. ..... 3 that much capital has been tried to be made out by the appellant in relation to the non-submission of a certificate by the respondent in relation to the manufacturing. ..... , must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in any particular case or cases, the action of the government would be liable to be struck down, unless it can be shown by the government that the .....

Noorul Islam Education Trust, Nagercoil Vs. Government of Tamil Nadu a ...

Court : Chennai

Reported in : AIR1991Mad141

..... it is seen from the copy of the report submitted by the expert committee, the following conclusions are reached by the committee among others; with reference to the financial soundness of the organisation, it is stated as follows :'excepting the statement that they will be able to mobilise funds from jamaaths, the committee could not visualise any identifiable guaranteed resources either for capital investment or for ..... 17-4-1984, the government of tamil nadu passed a general order approving the proposal of the director of technical education for starting new private engineering colleges in the state with effect from 1984-85 without involving any financial commitment to the government; both under recurring and nonrecurring items, subject to the conditions stipulated in the g.o. ..... 'as regards financial and academic viability of the college, the committee observed thus :'as dismissed (discussed? ..... the substance of the reply affidavit is that the financial position of the petitioner trust is sound enough to commence and run the college as proposed and there is no basis for any apprehension on the part of the respondents that the conditions imposed by them will not be fulfilled by ..... will come forward and donate liberally for creating the infrasturcture and also the running cost of the college, the trust could not produce any assured source of income both, for creating the non-recurring infrastructure and for running the institution. .....