Court : Karnataka
Decided on : Nov-15-2005
Reported in : 2006(6)KarLJ254
..... tenants and they were paying necessary rent to its owner. of course, during the pendency of the enquiry, the deceased respondent no. 3 has not filed any application seeking amendment of form no. 7 for inclusion of these three items of lands for grant of occupancy rights. therefore, the contention of the learned counsel that the very petitioner who ..... ' has its fullest application in the matter of grant of relief under article 226 of the constitution. the discretionary relief can be had provided one has not by his act or conduct given a go-bye to his rights. equity favours a vigilant rather than an indolent litigant and this being the basic tenet of law.11. therefore, the ..... ' has its fullest application in the matter of grant of relief under article 226 of the constitution. the discretionary relief can be had provided one has not by his act or conduct given a go-bye to his rights. equity favours a vigilant rather than an indolent litigant and this being the basic tenet of law, the question of .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-16-2005
Reported in : 2006(1)CHN241
..... notification thereunder, not for the addition, but for its coming into force. the addition would take effect in accordance with section 1(2) of the amendment act with effect from 7th august, 1969, but the added provisions themselves are supposed to come into force only in accordance with the provisions of section 1( ..... also a hindrance or restriction from seeking conversion of the user of the land from one to other. an explanation was added to section 4c by the wblr (amendment) act, 2000, explaining the mode of use viz: residential, commercial, industrial, agricultural excluding plantation of tree, pisciculture, forestry, sericulture, horticulture, public utilities or other use ..... moved by people united for better living in calcutta (public), a public spirited body. by reason of the impact of the west bengal land reforms (amendment) act, 1981 the owners are raiyat with heritable and transferable right in respect of the land held by them within the ceiling. admittedly the owners were holding .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-16-2005
Reported in : 2006(2)AWC1410
..... an application for substitution which was duly allowed by the order dated 12.1.1984. the appeal was kept pending and in the mean time an application for amendment seeking amendment in the pleadings which was necessary for just disposal of the case and the controversy involved between the parties, the respondent without considering the legal implications involved in ..... such subsequent event may be one purely of law or founded on facts. in the former case, the court may take judicial notice of the event and before acting thereon put the parties on notice of how the change in law is going to affect the rights and obligations of the parties and modify or mould the course ..... no adoption deed has been filed by the petitioner in the appeal. it appears that there was a notification under section 4 of the u.p. consolidation of holdings act and the appeal was abated. it has been submitted that the petitioner has been adopted son of smt. rukmani devi by a registered adoption deed, which has been .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-16-2005
Reported in : 2006(3)ALD304
..... of 26.5.1989. 8. sri g. vidyasagar, learned counsel for the petitioners, would refer to section 45 of the road transport corporation act and submit that any amendment to the regulations could only be made by the board of directors of the respondent corporation with the prior approval of the government and since ..... . the answer to this question, would depend on the meaning of the word 'previous' used in section 45 of the road transport corporation act. in the new oxford dictionary of english language (indian edition) the meaning ascribed to the word 'previous' is: existing occurring before in time or order.' in blacks law dictionary the word ..... clerks (purchase) and for further promotions, in the purchase department, which would accrue thereby. learned counsel would submit that petitioners have not acquiesced to the amended regulations and that the principle of approbate and reprobate has no application. 30. the mere fact that the petitioners, subsequent to the filing of the writ petition .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-16-2005
Reported in : 2006(1)ALD289
..... the documents, has not furnished the copies thereof to the petitioner. he submitted that ex.a27-lease deed was executed on 12-4-2004 and as per the amendment brought to indian registration act, 1908, which came into effect from 1-4-1999, the lease deed has to be compulsorily registered. he submitted that the respondent marked the documents in ..... time.6. admittedly, the lease deed, which was executed on 12-4-2004 and which is marked as ex.a27, is not registered. having regard to the amendment made to the registration act, 1908, which came into effect from 1-4-1999, a lease deed is compulsorily required to be registered. since ex.a27-lease deed, is not registered ..... the petitioner. admittedly, ex.a27-lease deed, which is not a registered document, is a secondary piece of evidence. as per the provisions of section 65 of the evidence act, 1872, the objections as to admissibility of documents can be raised at two stages and this was classified by the apex court in r. v.e. venkatachala gounder v .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-2005
Reported in : AIR2006SC428; (2005)199CTR(SC)320; [2005]279ITR310(SC); JT2005(5)SC639; (2005)12SCC717
..... the amount was payable outside india, clause (ii), as it stood then, could not be invoked.8. to overcome this decision, section 9 (1)(ii) was amended by the finance act, 1983 with effect from 1.4.1979 to include an explanation to section 9(1)(ii) which read as follows:-'explanation-for the removal of doubts, it is ..... both preceded and succeeded by service in india and forms part of the service contract of employment will also be regarded as income earned in india.5.3 this amendment will take effect from 1st april, 2000, and will accordingly, apply in relation to the assessment year 2000-2001 and subsequent years'.the departmental understanding of the ..... was that the assessment records showed that the employer company had paid the salary of the employees including salary for the 'off period' out of the income of the indian operations.4. assailing the decision of the high court, the employees, through the appellant, have submitted that the high court had not taken into account the statutory .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-17-2005
Reported in : AIR2006MP51
..... petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1976, the consent of such guardian was obtained by force or by fraud as to the value of the ceremony or as to any material fact or circumstance concerned the ..... of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.9. it is worth noting here that the marriage laws (amendment) act 1976 has modi fled the clause by inserting the words 'as to any material fact or circumstance concerning the respondent. after the ..... decision rendered in the case of smt. asha srivastava v. r.k. srivastava air 1981 delhi 253, wherein the delhi high court has expressed the view as under :after the amendment of section 12(1)(c) the emphasis cannot be laid only regarding the nature of ceremony or factum of marriage but in case there is a deception as to any .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-2005
Reported in : [2006(3)JCR537(All)]
..... or sub-section (4) or sub-section (5) to the candidate concerned.11. anr. provision worth noticing is that section 16 of the act which provided for ad hoc appointment was omitted by the amending act. after noticing the relevant statutory provisions, before we proceed to find out the legislative scheme as spelled out from the aforesaid provisions it is ..... of this court in allka rani gutpa (km.) v. director of education (higher) and anr. (supra) correctly interprets the provisions of sections 12 and 13 of the act as amended by u.p. act no. 2 of 1992. he further submits that the view taken in allka rani gutpa (km.) v. director of education (higher) and anr. (supra) find ..... the order of preference, if any indicated by the candidates intimate to the management the name of the candidate from the list. sections 12 and 13 of the act as amended in 1992 are extracted below :- 12. procedure for appointment of teachers,__(1) every appointment as a teacher of any college shall be made by the management .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-17-2005
Reported in : [2006]131CompCas535(Bom); [2006]67SCL353(Bom)
..... on 1st june 2005 be confirmed, and that, the order sanctioning the modified and amended scheme of compromise/arrangement be deemed to be an order confirming reduction in capital within the meaning of section 102 of the companies act, 1956. 2. the petitioner company was incorporated on 9-3-1988 under the provisions ..... three broad segments viz. segment a : for high quality products for fmcg brands with national and multinational presence. segment b : for consumer products of large indian companies. segment c: for lesser known local brands. this segment is derived more by price sensitivity than quality aspect. (d) the petitioner established itself as ..... orders, convened a meeting of the secured creditors on 3-12-2004, where the scheme was approved by requisite majority of the secured creditors with certain amendments. in view of the approvals accorded by the shareholders, secured creditors and unsecured creditors), petitioner filed petition to sanction the scheme of compromise/arrangement in .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-2005
Reported in : RLW2006(1)Raj350
..... by a government and a member of its teaching staff including the principal shall be referred to arbitration and determined on the lines of the provisions of the indian arbitration act, 1940. such arbitration shall be held by two persons not associated with the college concerned, one to be chosen by each party in difference; and in ..... and future accretions of the cpf account and ancillary matters from time to time.note.--the department/board of secondary education/university/universities to be established shall make necessary amendments in the respective rules framed by them.(k) (i) all accumulated, current and future accretions to the p.f. amount of the employees and contribution of ..... statutory contract having been mutually varied which is very clear when the court says:...as observed earlier, in the instant case the university has not so far amended the ordinance 67 nor the terms of the statutory contract have been mutually varied so the orders dated 4.5.1995 and 30.9.1995 become bad in .....
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