Court : Chennai
Decided on : Jan-10-2014
..... appeal was delivered on 24.10.2005 and the appellants have preferred the applications only on 5.9.2011.19. rule 21 of order 41 was amended by madras amendment which runs as follows: high court amendment (madras) re number 21 as sub-r:(1) of that rule and add the following as sub-r(2); (2) the provisions of section ..... event, he should have shown sufficient cause for such delay. therefore, the applications as filed are affected by law of limitation and application under sec.5 of the limitation act was also not filed.21. as stated earlier, a preliminary decree was passed in the appeal in 2005. the respondent admits in his counter that they have initiated ..... 5 of the indian limitation act, 1908 shall apply to applications under sub-rule (1) 20. therefore, limitation act is applicable for filing an application to rehear the appeal by a respondent .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2014
..... of 1999 -: 2 :- commission and specimen distribution to public servants was not an offence or was not prohibited by law e.g.under the prevension of corruption act, 1988 and/or the indian penal code, 1860/ the code of criminal procedure, 1973 whereby attracting its deemed disallowance in view of the newly inserted explanation to section 37 of the income ..... . we find merit in the submission of mr.desai, learned counsel for the revenue that in view of the amendment to s.37(1) of the act by the insertion of explanation with retrospective effect from the inception of the act, i.e.1st april 1962, the matter requires consideration by the tribunal. the tribunal in this case has upheld ..... be made in respect of such expenditure. . the impugned order of the tribunal is of 11.2.1999 (annexure a-3).this amendment had come in force in the year 1998. it is, thus, clear that this amendment had been introduced earlier to the date of passing of the impugned order by the tribunal. despite the fact that this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2014
..... case, the learned additional sessions judge, ludhiana, vide judgment dated 5.10.2000 convicted accused sukhwinder singh @ bhap for an offence under sections 302 ipc and 27 of the arms act and sentenced him to undergo imprisonment for life and a fine of ` 2,000/- or in default thereafter to undergo rigorous imprisonment for a period ..... against the acquittal of accused baljit singh, gurbachan singh, amrish kumar and jagdish lal for offence under section 302 read with section 149 ipc; acquittal of accused baljit singh under sections 307 and 25 of the arms act; acquittal of sukhwinder singh, gurbachan singh, amrish kumar and jagdish lal under section 307 read with section 149 ..... ipc and acquittal of all the accused for offence under section 148 ipc. prosecution version is that on 16.3.1999 at about 10:00 p.m. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-14-2014
..... to independ-ent dealerships throughout the united states, including california. the question presented is whether the due process clause of the fourteenth amendment precludes the district court from exercising jurisdiction over daimler in this case, given the absence of any california connectionto the atrocities, perpetrators ..... expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. ). for an early codification, see uniform interstate and international procedure act 1.02 (describing jurisdiction based on [e]nduring [r]elationship to encompass a person s domicile or a corporation s place of incorporation or ..... partner, joint venturer or employee of daimlerchrysler or any daimlerchrysler group company ; mbusa ha[s] no authority to make binding obligations for or act on behalf of daimlerchrysler or any daimlerchrysler group company. ibid. after allowing jurisdictional discovery on plaintiffs agency allegations, the district court granted daimler s .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-14-2014
..... further support to our conclusion. congress overriding concern in enacting cafa was with class actions. see preamble, 119stat. 4 (describing cafa as an [a]ct to amend the procedures that apply to consideration of interstate class actions ); cafa 2 (congress findings with respect to class actions). the mass action provision thus functions largely as ..... courts rather than federal courts. cafa 2. cafa accordingly loosened the requirements for diversity jurisdiction for two types of cases class actions and mass actions. the act defines class action to mean any civil action filed under rule 23 of the federal rules of civil procedure or similar state statute or rule of judicial ..... united states court of appeals for the fifth circuit [january 14, 2014] justice sotomayor delivered the opinion of the court. under the class action fairness act of 2005 (cafa or act), defendants in civil suits may remove mass actions from state to federal court. cafa defines a mass action as any civil action . . . in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
Decided on : Jan-15-2014
..... of gref personnel is as per civilian employees and not as per the army terms. adverting to the facts of the present case, admittedly the petitioner retired from indian army after reaching the age of superannuation. thereafter he joined the gref where he worked for full length of service around 16 years 9 months and was superannuated. ..... point mooted in the present case. the background facts may be noticed in brief. the present petition has been filed with the allegations that the petitioner earlier served indian army from 17.8.1963 to 2.10.1983 for a total period of 20 years and 3 months and was retired from the rank of havildar. he is ..... recruited gref personnel are governed by the provisions of central civil service(classification, control and appeal) rules 1965 as amended from time to time but for purpose of discipline, they are subject to certain provisions of the army act 1950 and the army rules 1954 as laid down in sros 329 and 330 dated 23rd september 1960?. (emphasis supplied .....
Tag this Judgment!Court : Delhi
Decided on : Jan-15-2014
..... regard to the provisions of section 33 and 35 of the indian stamp act and article 23a of schedule-1a as applicable to delhi and as amended by the indian stamp (delhi amendment) act, 2001.3. insofar as the plea regarding the provisions of the registration act is concerned, it had been contended by the learned counsel ..... for the appellant/defendant that section 17(1a) thereof clearly stipulated that, if documents containing contracts to transfer immovable property for consideration falling within section 53a of the transfer of property act ..... within the ambit of residuary clause (c) of article 5 of schedule 1 of ista, which is extended to union territory of delhi by delhi amendment act of 2001. the stamp duty as per residuary clause (c) of article 5 thereof is rs.50/-. the agreement to sell in question being on .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
Decided on : Jan-15-2014
..... interpretation has to be given to the amended section 17(2)(b) of the act, which does not lead to an absurd consequence. if the contention of the learned counsel for the appellant is accepted, it will mean that even if ..... is situated. we cannot agree with this contention. it will lead to absurd consequences and lead to bench-hunting. in our opinion, the expression branch office in the amended section 17(2) would mean the branch office where the cause of action has arisen. no doubt this would be departing from the plain and literal words of ..... will not help the case of the appellant. learned counsel for the appellant submitted that the respondent-insurance company has a branch office at chandigarh and hence under the amended section 17(2) the complaint could have been filed in chandigarh. we regret, we cannot agree with the learned counsel for the appellant. in our opinion, an .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2014
..... used indiscriminately in a routine, casual and cavalier manner for the reason that an exception clause requires strict interpretation. the legislature introduced the imposition of minimum sentence by amendment in ipc w.e.f. 25-12-1983, therefore, the courts are bound to bear in mind the effect thereof. the court while exercising the discretion in the ..... in which the crime has been committed. conduct and state of mind of the accused and age of the sexually assaulted victim and the gravity of the criminal act are the factors of paramount importance. the court must exercise its discretion in imposing the punishment objectively considering the facts and circumstances of the case.24. the ..... singh vs. state of punjab (supra), cited by the learned counsel for the appellant, this court found that the prosecutrix was a consenting party to the act of sexual intercourse and that she had willingly left her parents house to be with the appellant but she was found to be not more than sixteen years of .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-16-2014
..... it will be justified to give retrospective effect to reintroduction of the note below schedule-iii with effect from 12th october, 1991, the date the indian information service (group a?) amendment rules, 1991 had come into force. further, the said provision in the revised format was to be introduced from the 25th march, 1996, the ..... the constitution bench in m. nagaraj (supra) is a categorical imperative. the stand that the constitutional amendments have facilitated the reservation in promotion with consequential seniority and have given the stamp of approval to the act and the rules cannot withstand close scrutiny inasmuch as the constitution bench has clearly opined that articles 16( ..... . as seniority and promotion have a close nexus, the seniority of the applicant stands to be permanently affected for rest of her service career by this act. the respondent no.1 had committed a grievous wrong by submitting a proposal to the respondent no.3 on the basis of illegal seniority list wherein the .....
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