Court : Gujarat
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
M.S. Shah, J.1. Both these appeals have been placed before this Full Bench in view of the order dated 19-6-2002 of a Division Bench of this Court referring the appeals for consideration and decision before the Larger Bench in view of the wide impact of the questions about interpretation of Section 100A of the Code of Civil Procedure and about maintainability of appeal under Sub-section (5) of Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act' or 'the T.M. Act') against the decision made by a learned single Judge of this Court under Sub-sections (2) and (4) of Section 109 of the Act.2. O. J. Appeal No. 53 of 1998 is filed against the judgment and order dated 22-6-1998 rendered by a learned single Judge of this Court in an appeal under Section 109(2) & (4) of the Act by which the learned single Judge allowed the appeal and set aside the order dated 22-12-1995 granting the review application filed by Nasik Hing Supplying Co. (the appellant befor...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ971; AIR2003MP156; 2003(1)MPHT371
ORDERArun Mishra, J.1. In the instant writ petition, the question arises whether 'electricity' can he treated as a 'hazardous substance' as defined in Section 2(d) of the Puhlic Liability Insurance Act, 1991 (for short 'Act of 1991') read with Section 2(e) of the Environment (Protection) Act, 1986 (for short 'Act of 1986').2. Claimant/respondent No. 2 Smt. Sukarti Bai filed an application before the Collector, District Mandla claiming compensation from petitioner M.P. Electricity Board, Jabalpur on account of the death of her husband Kashiram as the death of her husband took place owing to electrocution while the deceased came in contact with the electric wire.3. The Collector has awarded a compensation of Rs. 25,000/-holding that the electricity is a hazardous substance as per Public Liability Insurance Act, 1991.4. The petitioner in the instant writ petition avers that M.P. Electricity Board is a body duly constituted under Section 5 of the Electricity (Supply) Act, 1948. The Collect...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (2003)260ITR1(Nag.)
1. These appeals preferred by the assessee-company against the following orders of the learned CIT(A), Raipur involve common issues and we find it convenient to dispose of the same by a consolidated order : 2. Before we take up the various issues raised in these appeals for consideration and decision, it would be appropriate to narrate the facts of the case giving rise to these appeals. The assessee-company is a wholly-owned subsidiary of M/s Coal India Ltd. which is a Government of India undertaking. It is engaged in the business of extracting coal from the coal fields located, in M.P. It is regularly assessed to income-tax and its assessments for asst. yrs. 1989-90 and 1990-91 were initially completed by the Dy. CIT, Special Range, Raipur under Section 143(3). Subsequently, the same were reopened by the AO for the reason recorded in writing and the reassessments under Section 147/143(3) were completed making substantial additions to the income returned by the assessee-company. The a...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (2002)77TTJ(Nag.)401
These appeals preferred by the assessee-company against the following orders of the learned Commissioner (Appeals), Raipur involve common issues and we find it convenient to dispose of the same by a consolidated order : Before we take up the various issues raised in these appeals for consideration and decision, it would be appropriate to narrate the facts of the case giving rise to these appeals. The assessee-company is a wholly-owned subsidiary of M/s. Coal India Ltd. which is a Government of India undertaking. It is engaged in the business of extracting coal from the coal fields located in M.P. It is regularly assessed to income-tax and its assessments for assessment years 1989-90 and 1990-91 were initially completed by the Deputy Commissioner, Special Range, Raipur under section 143(31) Subsequently, the same were reopened by the assessing officer for the reason recorded in writing and the reassessments under section 147/143(3) were completed making substantial additions to the inc...
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR244; II(2000)DMC292
ORDERF.I. Rebello, J.1. Two couples, Indian citizens, professing the Christian faith, applied to this Court for being appointed as guardians under the Guardians & Wards Act. In the course of the proceedings they amended their petition, to seek a prayer that the children be given to them in adoption. The petitioners being Christians are presently only entitled to be appointed as guardians. They do not fall within the definition of 'Hindu' as defined in the Hindu Adoption & Maintenance Act, 1956. A question immediately arose,whether a civilised State committed to the Rule of law, governed by a written Constitution and signatory to International Conventions on the Rights of a child, could deny to a section of its own citizens the right to adopt a child and to give that child, a home, a name and nationality. Article 14 of our Constitution ensures equality before law to all citizens. Non-arbitrariness is the hallmark of this Article. On 26th November, 1949 we gave to ourselves, a Bill of Ri...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC964; 88(1999)CLT60(SC); JT1999(1)SC509; (1999)IIMLJ121(SC); 1999(1)SCALE471; (1999)2SCC583; [1999]1SCR635
ORDERM. Jagannadha Rao, J.1. These three Civil appeals arise out of the same judgment of the High Court and can be disposed of together. Civil Appeal No. 2546 of 1992 has been filed by the 'Hindu Public' through their representative Sri K.C. Malla, Advocate Bhubaneshwar, Orissa. The said Advocate also figures as the 2nd appellant. Civil Appeals Nos. 2547-48 of 1992 have been filed by Rajdhani Puja Samithee (hereinafter called the 'Society'), on behalf of itself and also representing appellants Nos. 2 to 4, the Deities Sri Bhubaneswar, Sri Bhubaneswari and Sri Hanuman.2. The following are the facts:In 1949, a group of persons started Durga Puja, Laxmi and Kali Puja and related festivals in Bhubaneshwar near the Raj Mahal Chhat. Later, at any rate from 1955, these religious festivals and pujas were shifted to an open place belonging to Government, opposite to the Market building. In that year, an informal Committee came into being. Donations were being received for the aforesaid purposes...
Tag this Judgment!Court : US Supreme Court
Clinton v. City of New York - 524 U.S. 417 (1998) OCTOBER TERM, 1997 Syllabus CLINTON, PRESIDENT OF THE UNITED STATES, ET AL. v. CITY OF NEW YORK ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 97-1374. Argued April 27, 1998-Decided June 25,1998 Last Term, this Court determined on expedited review that Members of Congress did not have standing to maintain a constitutional challenge to the Line Item Veto Act (Act), 2 U. S. C. 691 et seq., because they had not alleged a sufficiently concrete injury. Raines v. Byrd, 521 U. S. 811 . Within two months, the President exercised his authority under the Act by canceling 4722(c) of the Balanced Budget Act of 1997, which waived the Federal Government's statutory right to recoupment of as much as $2.6 billion in taxes that the State of New York had levied against Medicaid providers, and 968 of the Taxpayer Relief Act of 1997, which permitted the owners of certain food refiners and processors t...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIIAD(SC)691; AIR1998SC2841; [1998(79)FLR229]; JT1998(3)SC56; 1998(2)SCALE657b; (1998)6SCC436; 1998(1)LC682(SC)
ORDERJudgement pronounced by K. Venkataswami, J.1. These two appeals arise out of an order dated 9.12.94 of the Kerala High Court in Writ Appeal No. 664/91 and O.P.No. 7523/89. The questions that arose for consideration before the High Court in Writ Appeal No. 664/91 were (a) whether the Food Corporation of India (for short 'FCI'), the appellant herein, for the purposes of application of the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act') would be an 'establishment' and (b) whether 31 head load workers (workers in question for short) engaged by the Contractor in loading and unloading operation at Kuttipuram Railway Station would be regarded as 'employees' of the FCT within the meaning of Section 2(f) of the Act and consequently liable to remit the contributions required under the Act. The latter question alone was agitated before us.2. The question for consideration before the Kerala High Court in O.P. No. 7523/...
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC209
ORDER1. In W.P. Nos. 15066 and 13286 of 1993, the petitioners have prayed for issue of Writ of Certiorari, to quash the award dated January 8, 1993 passed by the first respondent in I.D. No. 171 of 1984. In W.P. Nos. 22474 of 1993 and 11094 of 1994, the petitioners, aggrieved against the portion of the said award granting only 50% of the backwages, have challenged the same. 2. E.I.D. Parry India Ltd., which is the first respondent in I.D. No. 171 of 1984 has filed W.P. No. 15066 of 1993 and Parry & Co. Ltd., which is the second respondent in I.D. No. 171 of 1984 has filed W.P. No. 13286 of 1993. Parry & Co. Ltd., is a Company incorporated under the Indian Companies Act, The E.I.D. Parry India Ltd., also is a company incorporated under the Indian Companies Act, which is a holding Company of M/s. Parry & Company Ltd. According to the management, Parry & Company is a commercial establishment engaged in commercial and agency business. It has been acting as a selling agent for the products ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
ORDERR.P. Sethi, C.J.1. Despite half a century of independence, overthrow of the foreign rule, abolition of monarchial system of Governments and the sea changes brought about in the socio-economic-political system in the Democratic Republic of India, the successors-in-interest of the former ruler of Mysore State have challenged the jurisdiction of the Legislature in enacting laws with the purpose of depriving them of the privileges allegedly conferred upon the ruler in lieu of the surrender of sovereignty in favour of the Dominion of India. Claim to the properties has been sought to be protected under the umbrella stated to have been provided by the Instrument of Accession and Articles 294 and 295 of the Constitution of India. The action of the State Legislature in enacting the laws with respect to the properties of the former ruler of Mysore has also been challenged on the grounds of inherent lack of jurisdiction under Part XI read with Schedule 7 of the Constitution of India. In orde...
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