Court : Supreme Court of India
Decided on : Apr-29-2014
..... 1990) 1 scc12 this court not only held that the levy of the cess was ultra vires the power of state legislature brought about by an amendment to madras village panchayat amendment act, 1964 but also directed that the state would not be liable for any refund of the amount of that cess which has been paid or already ..... provided a channel for senior assistant and senior stenographer in andhra pradesh ministerial service working in the head offices of labour department and those in factories and boiler departments besides those in the subordinate offices in the said departments for appointment by transfer to the post of assistant labour officer. the tribunal also struck ..... had its origin in another country and had been invoked in different circumstances. the court sounded a note of caution in the application of the doctrine to indian conditions as is evident from the following passage appearing in golak nath s case (supra) where this court laid down the parameters within which the power could .....
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 : Competition Commission of India CCI
Decided on : Jan-09-2014
..... four steel companies, against the market research study report commissioned by the commission in january 2009 on public enterprise and government policy impact on competition- indian steel industries which clearly states as follows: there is no doubt that the concentration level in certain products market such as hr coils is significant with ..... general (investigation and registration) of the mrtp commission (dg iandr) in view of the provisions contained under section 66(6) of the competition act, 2002 (the act). facts 2. the mrtp commission took cognizance of the matter on the basis of an article published in the financial express on 11.03.2008 ..... of repealed mrtp, act. this premise becomes clear when the provisions of section 66(6) are contrasted with the provisions of section 66(3) of the act. whereas the competition appellate tribunal has been specifically conferred power to adjudicate cases pertaining to monopolistic and restrictive trade practices pending before mrtp commission in .....
Tag this Judgment!Court : Competition Appellate Tribunal
Decided on : Apr-02-2014
..... with large downstream ampoule manufacturing company. it was, therefore, urged that the appellant was holding a dominant position inasmuch the appellant had a dominant presence in the indian market having a market share of about 67% in 2009. 10. the informant complained of anti-competitive practices against the appellant by two types - (a) ..... also unnecessary unless it could be shown that the downstream market was affected because of the profits earned by jv schott kaisha. after having quoted from robinson patman act, article 82 (c) of the ec treaty and after correctly mentioning that for attracting the vice of discrimination in pricing, the two principles - (i) ..... 45. this brings us to observe the eu and american jurisprudence in this regard. smt. geeta gouri has very specifically referred to the robinson- patman act of us, where the provisions provide that discrimination in prices between different purchasers of the same products is condemned, where the effect of such discrimination may be .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2014
..... shall remain as it is. v. the above dispensation will come into operation with immediate effect. this regulation (subject to any subsequent amendments) should, till appropriate legislation is framed by parliament, bind the parties and all nsfs as a condition for recognition, aid and crucially, ..... all sports. an email dated june 18, 2014 was received from the sports entries coordinator, organising committee, glasgow commonwealth games, providing the indian olympic association, port entries athlete replacement request forms and athlete replacement policy/procedures wherein various conditions have been outlined for the withdrawal and ..... indian olympic association, for a healthy development of sports in the country, the respondent no.1 issued comprehensive guidelines in the years 1975, 1988, 1997 and 2001. post 2001, several major initiatives were taken by the government, which included declaration of the nsf availing the government grant as public authority under the right to information act .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2014
..... the post of motor vehicles inspectors under the karnataka general services (motor vehicles branch) (recruitment) rules, 1976, as amended by notification dtd.-.100- 24.11.2005 in exercise of the power conferred by the karnataka state civil services act, 1978, are as follows: (1) must be holder of diploma in automobile engineering of not less than three ..... held to be invalid merely because it incidentally encroaches on matters assigned to another legislature. (see -103- state of karnataka v. ranganatha reddy9; k.s.e. board v. indian aluminium co.10; subrahmanyam chettiar v. mutuswami; prafulla kumar mukherjee v. bank of commerce; ganga sugar co. v. state of u.p.). we, therefore, do not accept ..... 20. we may also state that sub-sec.(4a) of section 5 of the boilers act, 1923 is similar to sub-sec.(4) of s.213 of the m.v.act, 1988, whose subject matter of legislation is also relatable to concurrent list - list iii (entry 37 boilers). the said sub-sec.(4a) reads as follows: (4a) no person shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2014
..... appellants therein. hence, i approve of the conviction of the accused appellants under sections 304a, 337, 338 read with section 36 of the indian penal code ( ipc for short) and section 14 of the indian cinematograph act, 1952.2. however, when it comes to determination and imposition of sentence on the appellants due to their gross criminal negligence, i find ..... v. the state of maharashtra and anr. (1969) 3 scc166where this court observed: in our view the criminal procedure code gives ample power to the courts to alter or amend a charge whether by the trial court or by the appellate court provided that the accused has not face a charge for a new offence or is not prejudiced ..... the period the repair work was being done. after the chimney fell down a number of officers visited the spot and inspected the bakery. the chief inspector of boilers was of the opinion that the cause of the collapse of the chimney was the explosion which occurred in it because of the products of combustion and gases .....
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2014
..... the landlord. of course, he can deny his title after he gives up the possession having thus restored the status quo ante. 17.2 section 116 of the indian evidence act is reproduced hereinunder: section 116. estoppel of tenant; and of licensee of person in possession.- no tenant of immovable property, or person claiming through such tenant, ..... that the tenant s objection to the landlord s title to be barred under section 116 of the indian evidence act. relevant portion of the judgment is reproduced hereunder: 15. in reply, the defendant has not denied the service of a notice upon the defendant. instead para 6 ..... the same unless he has surrendered the possession of his landlord. the defendants challenge to the plaintiff s title appears to be barred by section 116 of the indian evidence act which estops the lessee from denying the title of the landlord.16. in payal vision ltd. v. radhika choudhary, (2012) 11 scc405 the supreme court held .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2014
..... of the appellant and after machining and forging, the parts were given back by the jute mill division to the boiler division. the appellant claimed exemption from tax under section 15c of the indian income tax act 1922 in respect of the profits from the steel foundry division for the a.y. 1958-59 and 1959-60 and in ..... corpn. ltd. (supra) has been relied upon in that regard. 11. there, the appellant before the supreme court was a heavy engineering concern and claimed to be manufacturing boilers, machinery parts, wagons etc. they set up two new units, a steel foundry division and jute mill division. the steel foundry division started manufacturing some castings, which the ..... framed and submitted that the condition for the deduction has not been fulfilled. he referred to condition no.(ii) in sub-section (2) of section 80ib of the act. it is submitted by him that there is no machinery or plant of the appellant and the business affairs are carried out with hired equipments and machinery. in .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2014
..... of the appellant and after machining and forging, the parts were given back by the jute mill division to the boiler division. the appellant claimed exemption from tax under section 15c of the indian income tax act 1922 in respect of the profits from the steel foundry division for the a.y. 1958-59 and 1959-60 and in ..... corpn. ltd. (supra) has been relied upon in that regard. 11. there, the appellant before the supreme court was a heavy engineering concern and claimed to be manufacturing boilers, machinery parts, wagons etc. they set up two new units, a steel foundry division and jute mill division. the steel foundry division started manufacturing some castings, which the ..... framed and submitted that the condition for the deduction has not been fulfilled. he referred to condition no.(ii) in sub-section (2) of section 80ib of the act. it is submitted by him that there is no machinery or plant of the appellant and the business affairs are carried out with hired equipments and machinery. in .....
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