Court : Chennai
Decided on : Dec-23-2014
..... 1994 to 31.3.1996, as rightly pointed out by the trial court, pointing to the turnover no material was placed. this amendment claiming a sum of rs.82,62,849/- which, according to the plaintiff, would represent the commission earned out of the sales ..... of any dispute over the said accounts, the learned single judge ought to have awarded turnover commission as prayed for. (v) the amendment in the prayer (c) was sought for after determining the turnover by securing the records from bank of baroda, jubli hills branch ..... was handed over to the plaintiff. it is not the case of the defendants that ethiraj had got any account in the indian overseas bank at adyar branch. if so, only he could give a letter of introduction. hence it was nothing but false ..... ,16,000/- towards the guarantee commission is opposed to public policy and also against the provisions of sec.23 of the contract act. the plaintiff is liable to pay more than rs.10 lakhs to the defendants. in as much as the plaintiff had undertaken .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... issue a writ must be within its territorial jurisdiction either by residence or location. realising the difficulty of the people at large, the parliament amended article 226 by the constitution (fifteenth amendment) act, 1963, and added a new clause (1-a), which was then re-numbered as clause (2) by the constitution (forty-second ..... amendment) act, 1976, and that is what is the extant position. the underlying object of amendment was expressed in the following words:- under the existing article 226 of the constitution, the only high court which has jurisdiction with ..... the passage of time created a situation wherein the original suppression of involvement of the respondent in the prosecution for an offence under section 307 of the indian penal code did not remain so pernicious a misconduct on his part as to visit him with the grave punishment of termination from service on these peculiar .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... learned metropolitan magistrate-06 (east), karkardooma courts, delhi the petitioner along with other coaccused persons was summoned for the offences under sections 352/356/379 of indian penal code ( ipc , for short). the said order was upheld by the learned revisional court.2. the concise facts leading to the present petition are that on 04. ..... in access of such duty or authority to period of limitation contained in section 140 of dp act would apply or general provisions in chapter xxvi of the code will apply?.13. the delhi police act was enacted to amend and consolidate the law relating to the regulation of police in union territory of delhi. it ..... 5. after recording pre-summoning evidence adduced by the complainant, the petitioner was summoned along with other police officials for the offence under sections 352/356/379 ipc by learned metropolitan magistrate vide order dated 06.08.2011.6. the petitioner challenged the said order by filing criminal revision no.5/2012 before learned district .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... learned metropolitan magistrate-06 (east), karkardooma courts, delhi the petitioner along with other coaccused persons was summoned for the offences under sections 352/356/379 of indian penal code ( ipc , for short). the said order was upheld by the learned revisional court.2. the concise facts leading to the present petition are that on 04. ..... in access of such duty or authority to period of limitation contained in section 140 of dp act would apply or general provisions in chapter xxvi of the code will apply?.13. the delhi police act was enacted to amend and consolidate the law relating to the regulation of police in union territory of delhi. it ..... 5. after recording pre-summoning evidence adduced by the complainant, the petitioner was summoned along with other police officials for the offence under sections 352/356/379 ipc by learned metropolitan magistrate vide order dated 06.08.2011.6. the petitioner challenged the said order by filing criminal revision no.5/2012 before learned district .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... question was involved regarding protection in the employment, which was secured as a result of confusion, which was prevailing till the constitution (scheduled castes) order, 1950 was amended in the year 2007, which did not include ezhuvas and thiyyas known as thandan. in para 29, the apex court has held that the question of ouster of ..... peculiar facts or in view of the uncertainty of law till then, to do complete justice, as has been held by the apex court in the case of indian bank v. abs marine products pvt. ltd., reported in 2006(5) all mr (sc) 162. the relief granted is restricted only to the persons in whose ..... castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the scrutiny committee. .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-22-2014
..... under article 226 in interfering with such policy matters. it is required to be noted that the petitioner has not challenged the amendment to the courier regulations, 1998 as being ultra-vires the customs act, 1962 or article 14 and 19(1)(g) of the constitution of india. what the petitioner seeks is a direction to ..... the petitioner in the present petition is mainly aggrieved by the regulation 13(h) of the courier regulations 1998 inserted by the courier imports and exports (clearance) amendment regulations, 2010. under regulation 13(h), authorized couriers are required to file declarations for clearance of imported or export goods through a person who has passed the ..... or is having at least two years experience in transacting customs broker work as g-card holder; (g) he is a retired group a officer from the indian customs and central excise services having a minimum of five years experience in group a service; (h) the applicant has financial viability as evidenced by a certificate .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-2014
..... inference may be made that om prakash mohta orally resigned. the original and the amended trust deeds not provide for any oral resignation. moreover, the indian trust act also does not recognize any concept of oral resignation .. section 46 of the indian trust act provides that:- trustee cannot renounce after acceptance. a trustee who has accepted the ..... submitted that in state of u.p. vs. bansi dhar & ors. reported at air1974sc1084the hon ble supreme court observed and held that though the indian trusts act is not applicable to public charitable trusts but the principle contained therein apply to the same. as such it cannot be inferred that om prakash mohta ..... other civil courts and proceedings on the original side of chartered high courts, a distinction which has continued to be unaffected right up to the last amendment of the civil procedure code. the said judgment also lays down that the letters patent and the rules made thereunder which are recognized and specifically protected by .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... the arbitration proceedings initiated by defendant no.1 before the london court of international arbitration.2. briefly stated, the facts are that the plaintiff no.1 is an indian citizen and resides & carries on business within the jurisdiction of this court. the plaintiff no.2 is a company incorporated by the plaintiff no.1. the plaintiff ..... of an agreement. arbitral proceedings are vexatious and oppressive as well as waiver of arbitration because of withdrawal of application under section 45 of the arbitration and conciliation act, 1996.20. the second submission made by mr.rohatgi, the learned senior counsel is that the plaintiffs have already filed a company petition before the company law ..... be acceptable to mcdonald s. the jv parties agree to cooperate in good faith to obtain any such government approvals, if required, and to negotiate any amendments hereof that may be required in order to obtain such approval, provided that in no event shall mcdonald s be obligated to accept any .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... the arbitration proceedings initiated by defendant no.1 before the london court of international arbitration.2. briefly stated, the facts are that the plaintiff no.1 is an indian citizen and resides & carries on business within the jurisdiction of this court. the plaintiff no.2 is a company incorporated by the plaintiff no.1. the plaintiff ..... of an agreement. arbitral proceedings are vexatious and oppressive as well as waiver of arbitration because of withdrawal of application under section 45 of the arbitration and conciliation act, 1996.20. the second submission made by mr.rohatgi, the learned senior counsel is that the plaintiffs have already filed a company petition before the company law ..... be acceptable to mcdonald s. the jv parties agree to cooperate in good faith to obtain any such government approvals, if required, and to negotiate any amendments hereof that may be required in order to obtain such approval, provided that in no event shall mcdonald s be obligated to accept any .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... employees cooperative society ltd. (1997) 3 scc681and in zoroastrian co-operative housing society ltd. vs. district registrar cooperative societies (urban) (2005) 5 scc632 though vide 97th amendment to the constitution with effect from 15 th february, 2012 the right to form co-operative societies has been made a fundamental right but the same in our view would ..... of kerala in k. nanu vs. c.h. kunhikrishna kurup manu/ke/1146/2013 as well as by this court in all india wokey s hockey federation vs. indian olympic association 55 (1994) dlt607and ashok kumar vs. sbi officers association 201 (2013) dlt433(in fao (os) 252/2013 preferred thereagainst and decided on 27.08.2013 ..... of the constitution of india impugns rule 102(2) of the delhi co-operative societies rules, 2007 (rules) framed under the delhi co-operative societies act, 2003 (the act) to the extent it enables the general body of the co-operative group housing society to fix higher charges of essential services in respect of dwelling units .....
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