Court : Kerala
..... the court below arb.appeal no.2/2012 2 considered the application filed by the appellant under section 17 of the act along with the application filed under section 30 of the act by the respondents to set aside the award and reduced the award amount to ` 1,75,000/- and the rate of interest also has ..... it is submitted that a division bench of this court in the judgment in o.p.no.4206/1998 and connected cases has declared the act as unconstitutional and consequently slp was moved and special leave petition no.8491/2014 and connected matters are pending before the apex court and the interim order passed therein ..... malla reddy [ 2010 (4) klt sn27( case no.31) sc], the apex court in a case arising under section 30 of the arbitration act, 1940 held that " in absence of any specific contract in regard to rate of interest, pendente lite and future interest should not exceed ..... since the learned counsel on both sides argued vehemently on the legal principles governing section 30 of the arbitration act, 1940, we will first consider the same so as to find out whether the exercise done by the learned sub judge can ..... the vehement argument raised by the learned government pleader that the trial court has acted legally in scaling down the amounts cannot be supported in the light of the well settled principles laid down ..... counsel for the appellant submitted that in exercising the power under section 30 of the arbitration act, 1940, the court cannot sit in appeal over the award as an appellate court. .....
Tag this Judgment!Court : Kerala
..... hear the application and may call upon the parties to produce on that date any evidence that they may wish to tender: provided that in the case of an application for compensation under section 140 of the act the owner or insurer or driver, as the case may be, shall be directed to appear not later than 10 days from the date of issue of the notice and the date so fixed shall also be not later than 15 ..... shri george cherian, learned senior counsel for the insurance company, in reply, submitted that even the provisions of the kerala torts (miscellaneous provisions) act, 1976, especially section 8 will show that there should be apportionment of amount of compensation where there is contributory negligence which can be made only in the presence of the ..... -- in this section, "fault" means negligence, breach of statutory duty or other act or omission which gives rise to a liability to tort or would, apart from this act, give rise to the defence of contributory negligence; and "damage" includes loss of life and personal ..... as explained by the apex court in the above decision, the owner will also be responsible and will be treated as a joint tortfeasor, since the law imputes the commission of the same wrongful act to two or more persons at the same time even in the case of vicarious liability. ..... order to be joint tortfeasors there must be a concurrence in the act or acts causing damage, not merely a coincidence of separate acts which by their conjoined effect maca1075& 2974 of 2009 38 cause damage .....
Tag this Judgment!Court : Jharkhand
..... , while quashing the order of transfer at -6- annexure-4, dated 2.6.2014 , the respondent- department of animal husbandry and fishery is directed to take a decision within a period of 4 weeks from today relating to the posting of the petitioner. ..... that on issuance of the notification of 1.6.2011 under the relevant rules of 2001 framed under prevention of cruelty to animals act, 1960 , the department of animal husbandry enjoys the administrative control over the inspector of s.p.c.a within the state of jharkhand. ..... 538 dated 1.6.2011 the department has notified the district level s.p.c.a in pursuance of rule 3 of the prevention of cruelty to animals act, 1960 and a committee has been established headed by the deputy commissioner in each and every districts under the aegis of state animal ..... petitioner submitted that under the prevention of cruelty to animals (establishment and regulation of societies on prevention of cruelty to animals) rule,2001 framed in exercise of powers conferred under rule 38(i)(ii) of the prevention of cruelty to animals act, 1960, the government of jharkhand has notified constitution of committees in respective districts through notification dated 1.6.2011 vide memo no. ..... district level under the prevention of cruelty to animals act, 1960 shall be of district s.p.c.a constituted under the chairmanship of the deputy commissioner and at the state level, the administrative control over the inspectors of s.c.p.a lies with the animal husbandry and fishery department. .....
Tag this Judgment!Court : Supreme Court of India
..... with the appellant, taking a stance that it was always the intention of the union of india, at all stages, to give the benefits of section 42 deductions of the income tax act, read with article 16 of the mpsc, to all the entities who had entered into pscs with it, including the appellant with the plea that the non-inclusion of this provision in the ..... begun and for such succeeding year or years as may be specified in the agreement; and such allowances shall be computed and made in the manner specified in the agreement, the other provisions of this act being deemed for this purpose to have been modified to the extent necessary to give effect to the terms of the agreement: [(2) where the business of the assessee consisting of the prospecting for or ..... authorities prompted the mopng to write om dated 17.06.2005 to the mof, department of revenue to clarify to the relevant income-tax authorities that the provisions of section 42 of the income-tax act would be applicable to all pscs, including those thirteen (13) pscs executed by the union of india, which did not expressly contain these provisions, for the purpose of computing profits and gains, ..... the absence of such a clarification from the ministry of finance, the adit disallowed appellant's claim for deduction under section 42(1)(b) and section 42(1)(c) of the income tax act, made in the appellant's income-tax return for the assessment year 2005-2006, on the ground that a specific reference to the section 42 deduction has not .....
Tag this Judgment!Court : Chhattisgarh
..... respect to inclusion and exclusion of voters in the voter list after date of nomination from para 8 to 24 and as such failed to disclose the triable cause of action under section 100 (1) (d) (iii) of the act of 1951, therefore, the grounds raised for declaring the election void under section 100 (1) would not be available to the petitioner as in absence of cause of action. 31. ..... undue influence and support to the respondent, returned candidate has been alleged but what kind of undue influence or any kind of act which tantamount to undue influence have not been pleaded and what was the compulsion on the voters to cast the votes is also neither pleaded nor any materials ..... voters were accepted/deleted after prescribed date of filing nomination of 02.11.2013, therefore, it is in contravention of section 23 (3) of the act of 1950 and as such acceptance of the vote would amount to improper reception of the vote casted, consequently, the election is void. ..... therefore, submits that the entire procedure for inclusion and excluser of name are covered by the act of 1950, which is a code in itself, so the election petition would not lie on the ground of erroneous electoral list and such remedy is not ..... judge bench of this court observed as under: (scc p.221, para 22) 22...............the gravamen of the charge of corrupt practice within the meaning of section 123 (7) of the act is obtaining of procuring or abetting or attempting to obtain or procure any assistance other than the giving of vote. .....
Tag this Judgment!Court : Karnataka
..... under the common roof, there is no other evidence to show that they were parties to the criminal conspiracy, yet, the circumstances proved in evidence conclusively establish that all the accused acted in a concert with each other with the sole object to acquire and hold properties and assets disproportionate to the known source of income of a-1. the circumstances that have emanated ..... that detailed rules are framed with sufficient legal sanction, either in the form of some enactment or some rules under the authority of a valid law such as representation of people act, to ensure that all ministers, mps, mlas, other elected representatives and other private persons holding posts under statutory bodies, public sector undertakings and the ..... together under the common roof, there is no other evidence to show that they were parties to the criminal conspiracy, yet, the circumstances proved in evidence conclusively establish that all the accused acted in a concert with each other with the sole object to acquire and hold properties and assets disproportionate to the known source of income of a-1. the circumstances that have ..... 15 to 18 of the grounds of the appeal that since income tax authorities had compounded the offences of a-1, failure to file income tax returns under section 279 of the income tax act and by paying the dues and penalty, a-1 had been exonerated of any amassing of wealth illegally has no relevance in these proceedings in appeal herein, since it is well ..... ..... .....
Tag this Judgment!Court : Delhi
..... the defendant in relation to running the services of schools is in furtherance of the common family name of the plaintiffs and the defendant, which constitutes a bonafide use under the provisions of the trade marks act, 1999 as the elders in the shri ram family had always professed a principle of live and let live while advising family members to maintain peace and harmony in the family. ..... is allowed, rivals in trade would be encouraged to associate in their business ventures persons having similar surnames wind ants was held to be an act of passing off the goods and it was observed that the use of such family name as a trade mark was not permissible ..... is subject to the court satisfying that; (1) there is a serious disputed question to be tried in the suit and that an act, on the facts before the court, there is probability of his being entitled to the relief asked for by the plaintiff/ ..... in para 12 that both the parties have been marketing their products under the marks usha and usha shriram and acted together and jointly along with other group companies to restrain other parties from using 'usha' ..... . the definition of the mark includes the name under section 2(m) of the act which reads as under : 2(m) mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or ..... do the latter after complying with the other requirements of the act, including the filing of a declaration of his intention to .....
Tag this Judgment!Court : Supreme Court of India
..... if both the joint tort-feasors are before the court and there is sufficient evidence regarding the act of each tort-feasors and it is possible for the court to apportion the claim considering the exact nature of negligence by both the joint tort-feasors, it may ..... in the absence of any evidence enabling the court to distinguish the act of each joint tort-feasor, liability can be fastened on both the tort-feasors jointly and in case only one of the joint tort-feasors is impleaded as party, then entire liability can be fastened upon ..... , it has been held that where injury is caused by the wrongful act of two parties, the plaintiff is not bound to a strict analysis of the proximate or immediate cause of the event to find out whom ..... cases of (a) agency; (b) vicarious liability; and (c) where a tort is committed in the course of a joint act, whilst pursuing a common purpose agreed between them. ..... be jointly liable for a tort which they both commit or for which they are responsible because the law imputes the commission of the same wrongful act to two or more persons at the same time. ..... considering the beneficial object of the act, it would be proper for the insurer to satisfy the award, though in law it ..... case of composite negligence where injuries have been caused to the claimants by combined wrongful act of joint tort feasors. ..... where negligent acts of two or more independent persons have between them caused damage to a third, the sufferer is not driven to apply any such analysis to find out whom .....
Tag this Judgment!Court : Supreme Court of India
..... to such terms and conditions as may be prescribed and subject to payment of such rent as may be determined under the provisions of this act and as entered in the record-of- rights finally published under chapter v except that no rent shall be payable for land referred to in clause (h) or (i) : provided that if any tank fishery or any land comprised in a tea-garden, orchard, mill, factory or workshop was held immediately before the date of vesting under a ..... high court quashed the order of resumption passed by the state government as also the judgment of the tribunal and held that the exercise of power under the wbea act in the instant case was without jurisdiction and that the respondents having held land within the ceiling limit had acquired the status of raiyat with heritable and transferable right ..... for the respondent, on the other hand contended that the lease granted to the predecessor-in-interest of the respondent is statutory lease governed by the act and the rules made thereunder and unless and until the amendments brought in by the notification dated 1.6.1994 and incorporated in form 1, salami cannot ..... or in part, or club or amalgamate tea-gardens without the formal sanction of the collector; provided that except in cases where the provisions of the west bengal alienation of land (regulation) act, 1960 (west bengal act xvi of 1960), apply, no such sanction shall be necessary for equitable mortgage of a tea- garden with a scheduled bank by the deposit of title deeds. .....
Tag this Judgment!Court : Delhi
..... eligibility criteria was mentioned : graduate in agriculture, veterinary, fisheries, dairy, agricultural engineering, agricultural pharmacy from a recognized university with minimum 70% marks (65% for sc, st or ph candidates) or graduate in the stream of bba, social work, social welfare, marketing with minimum 60% marks (55% for sc, st and ph candidates) or mba with ..... section 43 of the state bank of india act, 1955 empowers the bank to appoint such number of employees and officers as are necessary and desirable for an efficient functioning of the bank.21. .....
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