Court : Chennai
Decided on : Jan-29-2014
..... that the petitioner is the district secretary of bahujan samaj party, north chennai. it is claimed by him that his is a major political party in indian continent and it is fighting for socially underprivileged and marginalized people through constitutional means and within the purview of established law. the petitioner also claims that ..... for the purpose of regulating public assemblies and processions and licensing of the same in the places in question, the provisions of section 30 of the police act, 1861 are applicable and the said section reads as under: (1) the district superintendent or assistant district superintendent of police may, as occasion requires, ..... therefore be exercised by the judiciary with the utmost humility and self restraint.39. the judiciary must therefore exercise self-restraint and eschew the temptation to act as a super legislature or a court of appeal sitting over the decisions of the administrative authorities. by exercising self-restraint it will enhance its own .....
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 : Punjab and Haryana
Decided on : Feb-24-2014
..... the conclusion that neither the crucial decision dated 12.08.2003, nor the communication dated 16.12.2003, and also the recruitment rules, 1988, (as amended up to date) place or postulate any restriction or embargo or by way of any general instructions, exclude the category of divisional accountant and divisional accounts officer ..... that they were eligible to participate in the said examination. to substantiate the position further, the tribunal took cognizance of indian audit and accounts department section officer (accounts) and section officer (audit) recruitment rules, 1988, as amended on 24.07.2002, fully applicable to both a.g. (a & e) and audit sections. the said ..... the position further, as the persons, who qualified the soge and are staff from any other office of indian audit and accounts department failing which soge passed staff from any accounts staff in the indian audit and accounts department, failing both of these categories, staff qualified in any equivalent examination in any .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2014
..... relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioners are challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set ..... writ petition the petitioners have made the following prayers:- wp(c) 5240/2007 (a) declare the provisions of the taxation laws (amendment) act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable to be struck down; and (b) declare that the cbdt circular .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2014
..... relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioners are challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set ..... writ petition the petitioners have made the following prayers:(a) wp(c) 7669/2007 declare the provisions of the taxation laws (amendment) act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable 2. (b) declare that the cbdt circular no.2 of 2002 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir
Decided on : Jan-30-2014
..... court in the country, would however, be not governed by the principles of de-facto doctrine. no pending petition shall however, be permitted to be amended to incorporate the plea regarding ineligibility and disqualification of the judge-advocate on the ground of appointment being contrary to the mandatory rule 40 (2) of ..... property of the government, costing rs. 68,145.50 (rupees sixty eight thousand one hundred forty five and paise fifty only). (c ) third charge : army act section 52 (b) dishonestly misappropriating property belonging to the government in that he, at field, between october 1998 and november 1998, as commanding officer, 14 wireless ..... of coal dust, the property of the government, costing rs. 73,143/- (rupees seventy three thousands one hundred forty three only). (b) second charge : army act section 52 (b) dishonestly misappropriating property belonging to the government in that he, at field, during october 1998, as commanding officer, 14 wireless experimental unit, dishonestly .....
Tag this Judgment!Court : Competition Appellate Tribunal
Decided on : Jan-17-2014
..... that they were not heard properly. they also raised an issue that a notice could not be issued to the respondents under the provisions prior to the amendment of the competition act, which came only on 20th may, 2009. similarly, ftpgi also filed its reply, on more or less same lines. 15. the appellant sunil ..... the updf and the three amongst themselves represented producers and distributors of almost 100% of hindi films produced/ supplied/distributed in india and thereby exercised control over indian film industry. 4. it was further alleged that vide notice dated 27.03.2009, all producers and distributors including even those who were not the members ..... cases, the commission rightly came to the conclusion that there was no question of any infringement of any rights that producers and distributors had under the copyright act, 1957 arise. the commission rightly concluded that the multiplexes owners were also not infringing the rights of the producers/ distributors on the other hand, they were .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : May-21-2014
..... so narrowly to express representations that strategic would not be entitled to any dividends declared by sandz. the exact words pleaded in para 13 of their defence and counterclaim (amendment no 2) were: ... [mr tan] expressly agreed with and/or represented to the [appellants] in relation to the proposed scheme . [emphasis added] the ..... , and similarly, its predominant purpose in reaching a separate settlement with lexicon was to obtain better terms for itself. although the appellants alleged that strategic had acted in bad faith, they had not adduced any evidence to support this allegation (see the judgment at [94]). the issues on appeal 36. the following ..... not (see the judgment at [93]). 35. the judge further held that the appellants' second and alternative basis for their conspiracy counterclaim (ie, that the acts done in furtherance of the conspiracy were for the sole or predominant purpose of causing injury to the appellants) was equally and obviously unsustainable. she was satisfied .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2014
..... 11 cpc and contesting the said application on merits stating that cause of action has been disclosed and then turning turtle after four years and filing an application seeking amendment is clear indication that the application is not bona fide or rather it is mala fide. it also shows that no due care and attention was observed by the ..... with regard to the rejection of the plaint on 16.1.2014 that wisdom dawns on the plaintiff to file an application under order vi rule 17 cpc seeking amendment of the plaint.25. the fact that no stay is granted to plaintiff and despite contesting the application for rejection of plaint for years together yet filing an application ..... the application under order vii rule 11 cpc is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible. the other judgments cited by the learned senior counsel for the plaintiff are also on the similar lines though facts of no two cases are similar, .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-2014
..... now bangladesh) or by their successors-in-interest on lands occupied by such persons have been completed on or before the commencement of the calcutta municipal corporation (amendment) act, 1996, and where the documents of title to such lands have been granted by the state government, shall be regularized by the municipal commissioner under this ..... which it would, under rule 26(3).be deemed to be in contravention of the provisions of the statute and rules. thus, as 1980 kmc act, 1980 hmc act and the rules do not permit post facto sanction of an unauthorised construction, if orders are passed for retention even on payment of fine or penalty ..... ii, kmc held that it was an admitted fact that there was no sanctioned plan for the additional structure and though section 392 of the 1980 kmc act absolutely bars construction without prior sanction of the municipal commissioner, yet order was passed directing retention. mr.dipankar chakraborty, learned advocate appearing for the private respondent .....
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