Court : Jharkhand
Decided on : Jan-13-2005
Reported in : 2005(1)BLJR248; [2005(105)FLR244]; [2005(1)JCR479(Jhr)]
..... with the age of superannuation of teaching and non-teaching employees of the universities/constituent colleges, continued to remain almost same, though sub-clause (a) of section 67, was amended vide jharkhand state universities (amendment) act, 2000 (act 6 of 2003) with effect from 6th may, 2003, relevant portion of which reads as follows :'67. retirement from service.-(a) notwithstanding anything to the ..... not be altered or reduced by an executive instruction.8. the learned single judge while referred to section 67 of the act, 1976 (now act, 2000) and admitted that 60 years is the age of retirement, fixed for the teaching and non-teaching employees of the universities/constituent. colleges, observed that according to the indian majority act, a person attains majority on completion of the ..... the petitioners (appellants herein) took plea that no minimum age for employment was prescribed in the universities act. however, such submission was rejected by the learned single judge on the ground that a minor is not entitled to ..... age of 18, years and before that he is a minor. the learned single judge further held that a minor is not entitled to get a regular employment either in government service or university services, unless he or she attains the age of 18 years.9. counsel for .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-13-2005
Reported in : AIR2005Kant194; 2005(2)KarLJ32
..... to produce evidence on this aspect. there can be no dispute regarding the position of law that after the insertion of section 6 in the hindu succession act by the karnataka (amendment) act no. 23 of 1994, an unmarried daughter will get the status of a coparcener entitling her for equal rights with the ..... the daughter's namely nagarathnamma who is arrayed as defendant 2 has remained unmarried and as per the provisions of the karnataka amendment inserting section 6 to the hindu succession act, she has to be considered as a coparcener entitled for equal share in the notional partition from out of the properties that ..... basant singh v. janki singh and ors., : [1967]1scr1 , wherein, dealing with the effects of the provisions contained under sections 21, 17 and 18 of the indian evidence act and the admission by party in the plaint signed and verified by him, the apex court has ruled that such admissions may be ..... , all the four family members were entitled to share equally as per the provisions contained under section 8 of the hindu succession act and therefore the shares computed and allotted by the court below was erroneous.9. the counsel for the appellant has also contended that items 1 and 3 of the b ..... held that this document is not a deed of partition and the same has to be interpreted in any other manner. the provisions of section 91 of the indian evidence act, 1872, do not permit such an interpretation of the terms of the document when there is no ambiguity whatsoever in the terms of .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-13-2005
Reported in : 2005(2)ARBLR450(Kar); 2005(3)KarLJ143
..... lower court is not only arbitrary but capricious and perverse and ignoring the settled principle of law regulating grant or refusal of an order under section 9 of the act. the impugned order therefore, cannot be sustained and it is accordingly, set aside. the application filed by the respondent 1 seeking stay ..... on behalf of the respondent that the agreement entered into between the appellant and respondent 1 is void ab initio under the provisions of the indian contract act. it is stated that one of the arbitrators upheld the contention of the respondent holding the agreement as ab initio, void and against public ..... of commerce rules. the original shareholders agreement dated 30-4-1997 was executed by the parties in hongkong and the amended and restated shareholders agreement dated 5-11-1997 was executed in london. there is a dispute as to whether the shareholders agreement or the ..... the impugned order and allow the appeal and set aside the impugned order, dismiss the proceedings before the lower court and reject the interim prayer. 8. on the other hand, learned senior counsel appearing for the respondents supported the impugned order and sought for dismissal of the appeal. both the ..... passed by this court. thereafter, the arbitration proceedings appears to have continued at london and the arbitral tribunal passed a partial award on 20-8-2004 declaring that each of the respondents has breached and is in ongoing breach of the shareholders agreement. it declared each of the respondents other .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-13-2005
Reported in : ILR2005KAR1744
..... on behalf of the state of bihar would submit that the state has no liability to pay the salaries of the employees of the statutory corporations/companies incorporated under the indian companies act. reliance in this behalf has been placed on steel authority of india ltd, and ors. v. national union waterfront workers and ors. : (2001)iillj1087sc and electronics corporation ..... darbhanga industrial area development authority.iii. patna area development authority.iv. muzaffarpur area development authority.v. darbhanga area development authority.vi. gaya area development authority.vii. electricity corporation limited.viii. bhagalpur regional development authority, bhagalpur.'13. so far as other companies which are operating both within the territories of states of bihar and jharkhand are concerned, a direction in ..... may, 2003 being extraordinary in nature and by way of one time arrangement only, no direction should be issued directing the state of bihar to make any further payment.8. the state of jharkhand has also been impleaded as a party herein and it has filed a counter-affidavit affirmed by one shri binod kumar verma, managing director, jhalco ..... do with bhalco and in any event, it is not the successor of bhalco.9. it is not in dispute that pursuant to or in furtherance of the directions issued by this court, the central government has exercised its jurisdiction under section 65 of the states reorganisation act.10. union of india has filed an affidavit wherein it has been contended .....
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Jan-13-2005
Reported in : (2005)59SCL1SAT
..... first time sought to content that the investigation by sebi has been vitiated only on the ground that prior to the amending act 2002 sebi had no power to undertake investigation. the power to investigate has to be read into section 11.under section 11(2)(i) sebi's power to investigate were limited to calling for information, undertaking inspection, conducting enquiries and audits ..... larger sum was to ensure that it secured a large portion of the issue offered to the indian public.10.3. as is evident from pages 2, 8 and 9 of the prospectus the issue had been vetted by sebi, lead manager, consultants and idbi,. page 9 of the prospectus bears out that idbi had already sanctioned a loan of rs.400 crores, that ..... by mr. manoj maheshwari) in the application for stock invest. admittedly manoj maheshwari at the relevant time was an employee of ksl. (viii) all 12 applications for stock invest were made on the same day i.e. 9/2/96. (ix) atleast 2 of the 12 applications for stock invest were not signed by the applicants i.e. the application of mr. manoj ..... /96 along with stock invests also applied for and obtained on the same day i.e. 9/2/96. (xi) the 12 stock invests were issued on 9.2.1996 against fixed deposits of rs.500 lacs placed by ksl one day prior thereto i.e. 8/2/96 (in anticipation that 12 applicants would apply the next day for stock invests aggregating .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-17-2005
Reported in : (2005)195CTR(MP)210; [2005]278ITR122(MP)
..... no. 565.(2) as a result of different systems prevailing in different states, the term 'purchase price', used in section 44ac of the it act, 1961, was being understood in different ways. in order to clarify this point, the finance act, 1990, has amended the said section to provide that the purchase price would mean any amount (by whatever name called) paid or payable by the ..... question was considered by the two judges bench of the apex court in the case of mcdowell & co. ltd. v. cto (supra), wherein it was held that the manufacturer of indian liquors or owner of a bonded warehouse is primarily responsible for payment of excise duty and countervailing duty, respectively, and the intending purchasers of the ..... indian liquors who seek to obtain distillery passes are also legally responsible for payment of excise duty which is collected from them by the authorities of the excise department. while considering ..... the date on which the tax was actually paid.(8) where the tax has not been paid as aforesaid, after it is collected, the amount of the tax together with the amount of simple interest thereon referred to in sub-section (7) shall be a charge upon all the assets of the seller.(9) where the ao is satisfied that the total income .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-2005
Reported in : (2005)3GLR2633
..... k.pondor, jr.suptd. directorate of primary education, gandhinagar, by the affidavit-in-reply dated 4th december, 2004.2.8 as far as civil application is concerned, the petitioner has amended the prayer and stated that, as he is having 30% disability and therefore there is no reason left for not ..... to direct that those suffering from the aforesaid locomotor disability to the extent of 80% and above would be entitled to the concession from the indian airlines for travelling by air within the country at the same rates as has been given to those suffering from blindness though there was no ..... for dealing with the implementation of the programmes reflected in the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. there is a constitutional obligation on the part of the state to ensure equal opportunity to all persons including disabled persons. this gives ..... vacancy in this behalf. i am, therefore, rejecting the prayer of the petitioner that the admission may be granted for the academic year 2004-2005.9. under the circumstances, the petition is allowed. it is directed that the petitioner be granted admission in the ptc course for the academic year ..... -affidavit, and its submission before court, that is no justifiable reason for denying recognition, to the deaf and dumb section of the school, and refusal to provide financial assistance. we direct the state to grant recognition and to provide financial assistance to the said .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-2005
Reported in : (2005)199CTR(P& H)193; [2005]277ITR120(P& H)
..... way of appeal, reference or revision. the words 'or by a court in any proceeding under any other law' were added to section 150 by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989. in our opinion, section 150 cannot be invoked by the revenue to justify the addition made by the assessing officer because the reassessment made for the ..... gains, chargeable to income-tax has escaped assessment. mere change of opinion in regard to the particular state of facts cannot be made the basis for initiation of action under section 147(a) of the act.9. in smt. tarawati debi agarwal v. ito : [1986]162itr606(cal) , a learned single judge of the calcutta high court quashed the notice under ..... basis of the information in his possession had reason to believe that income chargeable to tax has escaped assessment.8. in the light of the above, we shall now consider whether the assessing officer was justified in reopening the assessment by invoking section 147(a) solely on the basis of the report of the dvo. it is settled law that an income ..... under the indian income-tax act, 1922 (11 of 1922) ; or(d) where excessive loss or depreciation allowance has been computed.explanation 2.--production before the assessing officer of account books or other evidence from which material evidence could with due diligence have been discovered by the assessing officer will not necessarily amount to disclosure within the meaning of this section.'7. an .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-18-2005
Reported in : II(2005)DMC541
..... the magistrate on the basis of anything other than the complaint filed by the wife or one of the relatives mentioned in section 18, cr.p.c., and in the absence of any amendment made to section 198 to that of sections 494, 495 and 496, taking cognizance of the offence by the magistrate on the basis of charge-sheet is not in consonance ..... the facts of the case, which clearly indicated lack of understanding of law declared by this court.8. in g. narasimhan v. t.v. chokkappa, : 1973crilj52 , complaint was filed against the editors and publishers of three daily newspapers i.e., dhinami, hindu and indian express under sections 500 and 501 of the penal code by the member of d.m.k. party which ..... made by one who is not an aggrieved person, the trial and conviction of accused in such a case by the magistrate would be void and illegal.9. thus, it will be seen that throughout section 198, cr.p.c. the word 'complaint' is used as signifying that it is only a 'complaint' by aggrieved person that a magistrate may take congizance ..... object, every person, who at the time of committing of that offence is a member of the same assembly, is guilty of that offence. section 149 created a constructive or vicarious liability of the members of unlawful assembly for the unlawful acts committed pursuant to the common object by any other member of that assembly. the basis of the constructive guilt under .....
Tag this Judgment!Court : Chennai
Decided on : Jan-18-2005
Reported in : (2005)1MLJ717
..... not made use of the lands acquired and therefore, giving effect to section 48-b of the land acquisition act 1996. 9. the learned senior counsel appearing for the first respondent in the first four appeals would further submit that it is the tamil nadu amendment that has been introduced as section 48a and b providing for the compensation to be awarded when land is ..... land which is vested in the government free from all encumbrances cannot be re-assigned or re-conveyed to the original owner merely on the basis of an executive order.'8. on the other hand, on the part of the learned senior counsel appearing for the first respondent in the first four appeals, would submit that the re-conveyance sought ..... receiving the actual amount of compensation together with interest at the rate of 9% per annum. aggrieved by the said order, the second respondent therein has ..... (b) of land acquisition act and the learned single judge of this court by the order dated 19.5.2004 directed the respondents therein viz., the secretary to government of tamil nadu housing and urban development department, chennai-9 and the member secretary, chennai metropolitan development authority, egmore, chennai-8 to re-convey the un-utilised lands of the petitioner therein after .....
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