Court : Delhi
..... become impossible or unlawful; the contract was in fact, performed by the agents, and they have received remuneration expressly stipulated to be paid therein. the indian contract act does not enable a party to a contract to ignore the express covenants thereof, and to claim payment of consideration for performance of the contract at ..... pleadings or evidence before the trial court with respect to the meaning of term gross turnover ?. despite that the trial court considered the averments made in the amendment application to interpret gross turnover ?. the findings of the trial court with respect to interpretation of the term gross turnover are perverse and therefore, set aside. ..... is quasi-judicial, the doctrine of fairness is evolved to ensure fair action where the function is administrative. but it can certainly not be invoked to amend, alter or vary the express terms of the contract between the parties. it must be remembered that these contracts are entered into pursuant to public auction, .....
Tag this Judgment!Court : Kerala
..... sale of goods in supply of food and beverages, sales tax is leviable on the same by virtue of sec.2(29) of the k.g.s.t act introduced after the constitutional amendment, it is essentially a contract of service. therefore, payment of sales tax treating the transactions partly as sale of goods does not exonerate the petitioner from liability ..... an indivisible contract and a composite contract. if in a contract, an element to provide service is contained, the purport and object for which the constitution had to be amended and clause (29-a) had to be inserted in article 366, must be kept in mind.30. we have noticed herein before that a legal fiction is created by ..... of liability of service tax and the question mooted there was whether the assessee paying tax under the sales tax/value added tax act is liable to pay service tax and held that consequent on the 46th amendment of the constitution of india to article 366 of the constitution, sub-article 29a was added authorizing levy of tax on supply .....
Tag this Judgment!Court : Chennai
..... the said reliefs are two fold as follows:- (i)the suit is barred by limitation (ii)the suit is barred by order 2 rule 2 cpc13article 65 of the indian limitation act, 1963 prescribes 12 years period of limitation for recovery of an immovable property based on title. the starting point of limitation has been provided as the date from which ..... order 1 makes it clear that the proceedings against any such person added as defendant shall be deemed to have begun only on the service of summons after impleadment and amendment. if the said aspect is taken into consideration, the suit as against the second defendant shall stand hit by the law of limitation. the plaintiff himself, in his ..... with liberty to file a fresh suit in the original plaint. only, after a plea of defence was raised by the defendants in this regard, the plaint was amended adducing averments to the effect that the former suit would not provide a bar for the present suit as the same was withdrawn with liberty to file a fresh suit .....
Tag this Judgment!Court : Kerala
..... follows in para 28:"8. notwithstanding the fact that the words "socialist", and 'secular' were added in the preamble of the constitution in 1976 by the 42nd amendment, the concept of secularism was very much embedded in our constitutional w.p.(c).no.10727/2013 -:21:- philosophy. the term 'secular' has advisely not been defined ..... constitutional values, remain unfettered unless it is encroached upon any area restricted in terms of art.19(2) of the constitution (see s.153 a of ipc, unlawful activities (prevention) act, 1967). however, press has no such freedom. the liberty of the press is to disseminate information or idea in circulation. since it is public function, ..... limitation attached to it." w.p.(c).no.10727/2013 -:20:- 10. secularism under constitution and press 10.1. the preamble of the constitution was amended by the 42nd amendment 1976 to include secularism. 10.2. the secularism is not a mere ideal in the legal order enshrined under the constitution but the very fundamental principle .....
Tag this Judgment!Court : Karnataka
..... .v. umesh babu having its business at64), tavarekere main road dharmaram college post, bangalore -560 029.4. m/s. thogarihunkal estates private limited a company incorporated under indian companies act rep. by its director sri nandan gowda having its office no.95 (old no.45), 1st floor3d main, vyalikaval bangalore -560003. ... petitioners (by sri. rama ..... the assessee for any failure referred to in the said provision if he proves that there was reasonable cause for such failure. section 273b has also been amended by adding section 271h and as already noticed under section 271h(2)(k) penalty can be imposed for failure to furnish statement within prescribed time. however, ..... before their substitution or omission by the income-tax (sixth amendment) rules, 2010].. verification verification in relation of of and and in 96 analysis of statutory provisions:12. section 4 of the act is the charging section. the scheme of section 200 of the act would indicate that the duty is cast on the person .....
Tag this Judgment!Court : Karnataka
..... the district judge under section 13(3) cannot be equated to forfeiture of property which is provided in section 53 of the indian penal code. section 13(1) of the criminal law amendment ordinance, 1944 deals with upon the termination of any criminal proceedings. article 20(1) deals with the conviction of persons for offences ..... said m/s indo doha chemicals and pharmaceuticals ltd. were following mercantile system of accounting since its inception. he said so because every company incorporated under indian companies act and engaged in such business is required to follow mercantile system of accounting from the beginning. the said company had followed the guide line issued by ..... which she had not satisfactorily accounted and thereby a1 committed an offence punishable under section 13(2) read with 13(1)(e) of the prevention of corruption act 1988 (central act 49 of 1988). 14) (iii) in pursuance of the said criminal conspiracy and in the course of the same transaction, during the said period, a2 .....
Tag this Judgment!Court : Karnataka
..... or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; the parliament amended the act and substituted section 13 by contempt of courts (amendment) act, 2006 by way of substitution which reads as under:- 13. contempts not punishable in certain cases.- notwithstanding anything contained in any ..... due to second doubts. this should not happen to the innocent devotees visiting temples , he said - 42 - similar reports have appeared in prajavani, indian express, times of india, dna city, the hindu, kannada prabha, samyuktha karnataka etc., copies of the news items published in the aforesaid news papers ..... until 2003 and stopped thereafter due to several doubts. this should not happen to the innocent devotees visiting temples. similar reports have appeared in the prajavani, indian express, times of india, dna city, the hindu, kannada prabha, samyuktha karnataka etc., copies of othe article published in the aforesaid newspapers - 32 .....
Tag this Judgment!Court : Karnataka
..... said income is taxed in foreign jurisdiction, there is no relief to the assessee at all. therefore, to promote mutual economic relations, trade and investment, the act was amended by way of finance act, 2003 which came into force from 1.4.2004. by insertion of a new clause (ii) in sub- section (1)(a) of section 90 the ..... in america, the 1st of january is the commencement of the assessement year and ends on 31st of december of the same year. therefore, the income derived by an indian resident, which falls within the total income of a particular financial year when it is taxed in united states, falls within two years in india. therefore, while claiming ..... or treaty incur obligations which in international law are binding upon the state. but the obligations arising under the agreement or treaties are not by their own force binding upon indian nationals. the power to legislate in respect of treaties lies with the parliament under entries 10 and 14 of list i of the - 51 - seventh schedule. but .....
Tag this Judgment!Court : Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: March 13, 2015 I.A. No.6735/2014 in CS(OS) No.1045/ 2014 TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) ..... Plaintiff Through Mr.C.S. Vaidyanathan, Sr. Adv. & Mrs.Prathiba M. Singh, Sr. Adv. with Mrs.Saya Choudhary Kapur, Mr.Ashutosh Kumar, Mr.B. Prashant Kumar, Mr.Saurabh Anand and Mr.Vihan Dang, Advs. versus INTEX TECHNOLOGIES (INDIA) LIMITED ..... Defendant Through Mr.Saikrishna Rajgopal, with Mr.J.Sai Deepak, Ms.Savni Dutt & Ms.Rachel Mamatha and Mr.Subhajit Banerji, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed the present suit for permanent injunction restraining infringement of rights in eight patents registered in India alongwith damages/rendition of accounts and delivery up etc.2. Alongwith the plaint the plaintiff has filed the interim application being I.A. No.6735/2014 under Order XXXIX Rule 1 and 2 read with Section 151 CPC. By this order, I propose to decide the a...
Tag this Judgment!Court : Delhi
..... sentencing procedure and pre-sentencing hearing-nature of 265. what is the procedure to be followed by a judge post returning a finding of guilt?. by the amendment act 26 of 1955, a significant statutory change effected was the introduction of section 235(2) which provided that if the accused is convicted and the judge did ..... for life. in this view of the matter, the recommendation of the law commission contained in its 39th and 42nd reports suggesting a suitable amendment in the indian penal code will have to be regarded as having been made only for a purpose of removal of doubts and clarifying or declaring the existing legal ..... that serves as the foundation of every criminal sentence that is justifiable. in other words, the doctrine of proportionality has valuable application to the sentencing policy under the indian criminal jurisprudence. while determining the quantum of punishment the court always records sufficient reasons. (vide sevaka perumal v. state of t.n. [(1991) 3 scc471:1991 .....
Tag this Judgment!