Court : Chennai
Decided on : Jun-13-2014
..... and devireddy konda reddy's case (cited supra) were delivered with respect to the position prevailing prior to the amendment of section 147 by the motor vehicles (amendment) act, 1994. as such, the effect of the legislative amendment was not in question in the above cases and therefore, the law laid down by these decisions would not be ..... in conjunction with package policy. extra benefit no.1 may be issued in conjunction with both liability only and package policies.38. section 7 of indian motor tariff deals with indian motor tariff (imt) endorsements and imt.37-a deals with legal liability to non fare paying passengers who are not employees of the insured (commercial ..... of mangoes or baskets, it is apparent that on completion of investigation, the police has filed a charge sheet, under sections 279, 338 and 304-a ipc, against the driver of the offending vehicle and that the investigating officer has clearly stated that the deceased and the injured travelled, in the goods vehicle, with .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-13-2014
..... numbers of tribunals within 4 (four) months from today for disposal of the pending proceedings within the time frame set in the 1964 order as amended by 2012 amendment order (ii). appoint persons as members of foreigners tribunals by issuing appropriate advertisement and on being selected by a selection committee (iii). notify the selection ..... been created and that 536 nos. of supporting staff were also sanctioned. it is further stated that a gazette notification dated 10.12.2013 was issued amending order of 1964 in respect of service of notice by the foreigners tribunal and providing powers of judicial magistrate (first class) under code of criminal procedure ..... heavily tilted towards giving shelter and protection to an illegal migrant. burden of proof upon the person concerned who claims to be an indian citizen, unlike section 9 of the act of 1946, which is absolutely essential in relation to the nature of inquiry being conducted regarding determination of a persons citizenship where .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jun-13-2014
..... eastern encroachment made in the plaintiffs' property to the extent of 13.50 square metres as shown in the plan. 5. the case of the plaintiffs, after amendment of the plaint, in short, was as follows: there exists a property known as mandxemelinga bearing land registration description no. 21741 of book b and 58 situated ..... defendants stored firewood and other material, does not encroach on the alleged land of the plaintiffs. there is no encroachment, as falsely alleged. the plaintiffs are acting on assumptions and conjectures and are not entitled to any reliefs. 7. following issues were framed by the trial court: 1. whether plaintiffs prove that plaintiffs are ..... of the plaintiffs was established right from 1943. according to him, the impugned judgment conflicts with the mandate of sections 38 and 39 of the specific relief act. and, therefore, the impugned judgment of the first appellate court is perverse and arbitrary and that both the substantial questions framed by this court be answered .....
Tag this Judgment!Court : Delhi
Decided on : Jun-13-2014
..... the respondent to claimant?. b. whether respondent is stopped from disputing the chargeable sub-lease area specified in the deed of sublease dated 29th september, 2007 read with amended to sub-lease deed dated 21st october, 2008?. c. whether either party is guilty of any fraud or misrepresentation in regard to the area to be charged for ..... that liability for payment of stamp duty as demanded by noida by notice dated 12.2.2013 in respect of deed of sub-lease dated 29.9.2007 as amended, is solely on the respondent. 5. by order dated 20th december, 2013, the court disposed of the section 9 petition with certain agreed directions, which inter ..... , 2011, sbpl transferred all the rights and liabilities under the sub-lease deed to the appellant except for the amendments contained in the said letter of attonrment.3. the appellant filed a petition under section 9 of the act, inter alia, seeking direction against the respondent to furnish a bank guarantee to secure the outstanding rent based on .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-16-2014
..... university in its special meeting dated 6th june, 2014 considered the representation of the petitioner and confirmed its earlier decision. the petitioner, therefore, moved an amendment for challenging the resolution dated 6th june, 2014 which came to be granted. 4. in response to the averments made in the petition, the respondent ..... to establish a central national council for teacher education, for which purpose the indian parliament enacted the national council for teacher education act, 1993 (for short the act ). ncte was to be established in terms of section 3 of the act and was to consist of the persons specified therein. for the purpose of ..... fact, it renders the role of other bodies consequential upon grant and/or refusal of recognition. the council is the authority constituted under the central act and has the responsibility of maintaining education standards and judging upon the infrastructure facilities available for imparting such professional education. its opinion is of utmost .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-16-2014
..... that is before the coming into force of the bombay rent, hotel and lodging house rates control, bombay land requisition and the bombay government premises (eviction) (amendment) act, 1996; 7(4) "legal representative" means a legal representative as defined in the code of civil procedure, 1908, and includes also, in the case ..... construing the indian contract act, 1872 which defines and amends certain parts of the law relating to contracts; and for construing the arbitration act, 1940, which is an act to consolidate and amend the law relating to arbitration. it may here be mentioned that observation ..... lord herschell with reference to codifying statutes can be usefully applied to a consolidating and amending statute. the supreme court has applied the said rule for construing the indian incometax act, 1922, which was an act to consolidate and amend the law relating to incometax and supertax. the rule has also been applied for .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-16-2014
..... encroachments. by the amendment, appellate power was conferred on the commissioner in place of standing committee of zilla parishad for obvious reasons. ..... so, in my opinion, sub-section (2) of section 53 of the said act gives a power and duty to the applicant village panchayat to remove the encroachment. in fact, proviso to sub-section 2 of section 53 was added by amending act no.38 of 2006 to provide for compulsion on the village panchayat to remove the ..... osmania university and others 3) 1986 mh.l.j. 618: gram panchayat kuhi vs. vijaykumar bhalotiya 4) 2010 (3) mh.l.j. 196: city of nagpur corporation vs. indian gymkhana 5) 2013 (5) all mr 190 : the commissioner akola vs. bhalchandra mahashabde 6. per contra, mr. avinash gharote, learned counsel for the non-applicants vehemently opposed the .....
Tag this Judgment!Court : Chennai
Decided on : Jun-17-2014
..... that this is the correct way to understand the section. we have to read s.2(1)(b) in an identical way. if so, then the ast act as it reads before the amendment had no charging provision. a charging section is substantive law as seen in 94 stc422cited supra). therefore, there can be no levy of penalty without the charging ..... clause (aaa) as they apply in relation to the tax and interest payable under the said act.".(as amended by act 14 of 2005) if we paraphrase the above sections slightly they will read thus:- ".the provisions of the tngst act as they apply to tax in the said act shall apply in relation to additional tax payable under clause (aa) of the ast ..... act.". similarly, the new section (as amended by act 14 of 2005) will read like this: ".the provisions of the tngst act as they apply to tax and interest in the said .....
Tag this Judgment!Court : Orissa
Decided on : Jun-18-2014
..... state government framed the orissa arbitration tribunal rules, 1979 providing for the constitution of the arbitration tribunal. the arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the state in its ..... regularly maintained and continued to display and correctly maintained in a clean and legible condition in a conspicuous places of work notice both in english and local indian language, the rate of wages prescribed by the state (public works department) and to send a copy of such notice to the engineer-incharge of ..... regularly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous places of work notice in english and in local indian language spoken by the majority of the workers, giving the rate of wages prescribed by the state public works department and send a copy of such .....
Tag this Judgment!Court : Orissa
Decided on : Jun-18-2014
..... state government framed the orissa arbitration tribunal rules, 1979 providing for the constitution of the arbitration tribunal. the arbitration act, 1940 (in short the act, 1940) was amended by the arbitration (orissa amendment) act, 1982 incorporating section 41-a and providing for the constitution of arbitration tribunal in the manner as decided by the state in its ..... regularly maintained and continued to display and correctly maintained in a clean and legible condition in a conspicuous places of work notice both in english and local indian language, the rate of wages prescribed by the state (public works department) and to send a copy of such notice to the engineer-incharge of ..... regularly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous places of work notice in english and in local indian language spoken by the majority of the workers, giving the rate of wages prescribed by the state public works department and send a copy of such .....
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