Court : Supreme Court of India
..... to be awarded in favour of the appellant herein.7. the learned single judge of the high court adverted to section 68 of the indian electricity act, 2003 (for short "the act") and rule 91 of the electricity rules, 1956 (for short "the rules") which lay down the procedure of safety and protective devices ..... the employee, his educational qualification; his past performance but also other relevant factors, namely, the higher salaries and perks which are being offered by the private companies these days. in fact while determining the multiplicand this court in oriental insurance co. ltd. v. jashuben held that even dearness allowance and perks with regard ..... do, the loss which he has suffered as a natural consequence of the wrong done to him. [k. narasimha murthy vs. the manager, oriental insurance company limited and anr.].. [ilr2004kar2471 35.........therefore, the general principle which should govern the assessment of damages in personal injury cases is that the court should award to .....
Tag this Judgment!Court : Supreme Court of India
..... exercise ordinary original civil jurisdiction. the high courts also enjoy advisory jurisdiction, as evidenced by section 256 of the indian companies act, 1956, section 27 of the wealth tax act, 1957, section 26 of the gift tax act, 1958, and section 18 of the companies (profits) surtax act, 1964. similarly, there are parallel provisions conferring advisory jurisdiction on the high courts, such as, section 130 of the ..... customs act, 1962, and section 354 of the central excises and salt act, 1944. the high courts have also enjoyed jurisdiction under the indian divorce act, 1869, and the parsi marriage and divorce act, 1936. different types of litigation .....
Tag this Judgment!Court : Supreme Court of India
..... situate, and, on the publication thereof in the gazette of india, the rules so made or amended shall, notwithstanding anything to the contrary contained in the companies act, 1956 (i of 1956), or in any other law for the time being in force, have effect, as if they had been made or amended by ..... from section 64 of the major port trusts act, 1963 and hence the question of obtaining leave of the company court under section 446 of the companies act, 1856 will not arise when an authority exercises independent statutory rights. this judgment was quoted with approval in board of trustees, bombay vs. indian oil corporation, 1998 (4) scc302where the ..... supreme court set out section 64 of the major port trusts act and held as .....
Tag this Judgment!Court : Supreme Court of India
..... undertaken outside singapore no deduction could be made on account of non-payment of any tax. the arbitrators held that since no taxes were attracted under the indian income tax act the price could not include the said tax component. the arbitrators accordingly held that deductions made on two counts, being of us $ 410,641.20 and ..... was contended that the tribunal had fallen in error in holding that the delay between 14th september 2001 and 21st march 2002 was not attributable to the respondent company. secondly, it was contended that the arbitral tribunal was not right in holding that the deductions made by the appellant towards taxes was not legally permissible. ..... issued instructions for making of a formal application for the grant of a license and 8th january, 2002-when such an application was actually made by the respondent- company. this period reckoned from 27th november, 2001 to 7th january, 2002 works out to 42 (forty two) days which must be attributed to the respondent- claimant .....
Tag this Judgment!Court : Supreme Court of India
..... geological survey of india, the indian bureau of mines, the atomic minerals directorate for exploration and research of the department of atomic energy of the central government, the directorates of mining and geology of any state government (by whatever name called), and the mineral exploration corporation limited, a government company within the meaning of section 617 of the companies act, 1956. provided also that ..... does not seem possible to say that the offence of criminal breach of trust under the indian penal code is the ".same offence". for which the respondents were prosecuted on the complaint of the company charging them with an offence under s.105of the insurance act.15. this aspect of the matter based on the two offences being distinct in their ingredients .....
Tag this Judgment!Court : Supreme Court of India
..... p) ltd. (supra) was reconciled by a three judges bench of this court in northern railway administration, ministry of railway, new delhi vs. patel engineering company limited[4]. where the jurisdiction of the high court under section 11(6) of the act was sought to be emphasized by taking into account the expression to take the necessary measure ..... and by further laying down that the said expression has to be read alongwith the requirement of sub-section (8) of section 11 of the act. the position was further clarified in indian oil corporation limited and others vs. raja transport private limited[5].. paragraph 48 of the report wherein the scope of section 11 of the ..... consider phasing out arbitration clauses providing for appointment of serving officers and encourage professionalism in arbitration.7. a pronouncement of late in deep trading company vs. indian oil corporation and others[7]. followed the legal position laid down in punj lloyd ltd. (supra) which in turn had followed a two judges .....
Tag this Judgment!Court : Supreme Court of India
..... , making some condition, stipulation, exception or limitation or upon the observance of which the operation or validity of the instrument depends [ s. 105, indian evidence act].. a proviso is generally intended to restrain the enacting clause and to except something which would have otherwise been within it or in some measure to ..... where large number of complaints are filed under s.138 not necessarily because the offence is committed in such cities but because multinational and other companies and commercial entities and agencies choose these places for filing the complaints for no better reason than the fact that notices demanding payment of cheque ..... the place where the cause of action has substantially arisen and reject others where it may have incidentally arisen. patel roadways limited, bombay v. prasad trading company, air1992sc1514= (1991) 4 scc270prescribes that if the defendant-corporation has a subordinate office in the place where the cause of action arises, litigation must be .....
Tag this Judgment!Court : Supreme Court of India
..... pretext that the commission did not have the power to call them this in the face of clear judgments to the contrary; then invoking a section of the indian evidence act which applies to a person making a dying declaration; ignoring the fact that the man who is said to have been benefited has lost rs.55 lakh which ..... and stroud was referred that says that court is the place where justice is judicially administered. the court also considered section 3 of the indian evidence act and sections 19 and 20 of the indian penal code and then observed, the pronouncement of a definitive judgment is thus considered the essential sine qua non of a court and unless ..... quoted above. in the contempt petition filed by dr. subramanian swamy on 23.08.1990 under section 15 of the contempt of courts act, 1971 (hereinafter referred to as, 1971 act ) against the then editor of indian express, mr. arun shourie, it is contended that the editorial is a scandalous statement in respect of a sitting judge of the supreme .....
Tag this Judgment!Court : Supreme Court of India
..... conducted reveals involvement of several political and other influential personalities wielding considerable clout and influence.6. that the role of regulators like sebi, authorities under the companies act and the reserve bank of india is also under investigation by the state police agency which may have to be taken to its logical conclusion by an ..... and utilized to issue the cheques. the report also points out violation of the securities and exchange board of india act, 1992, the companies act, 1956, the reserve bank of india act, 1934 and the income-tax act, 1961. it also points out fraudulent certification, non-compliance of accounting standards, material mis- statement of facts and ..... (i) cid ps case no.39 dated 18.07.2012 under section 420/120-b ipc read with sections 4, 5 and 6 of prize chits and money circulation schemes (banning) act, 1978 registered against m/s seashore group of companies, (ii) case no.44 dated 07.02.2013 under the same provisions registered in kharavelnagar .....
Tag this Judgment!Court : Supreme Court of India
..... the matter to arbitration to a former chief justice of india. on the other hand, it was submitted on behalf of the generating companies that the provisions of the electricity act are in addition to and not in derogation of any other law for the time being in force. the provisions contained in sections ..... during the pendency of these proceedings, the respondents have received rebates, discounts, credits, refunds in the fuel price being extended by fuel supplier i.e. indian oil corporation ltd. (iocl). such benefits have been received by the respondent from january 2001 till date it is pleaded that the respondents have failed to ..... the arbitration shall be determined by the arbitral tribunal in accordance with the rules. the arbitration clause specifically provides that the indian arbitration act (act no.x(10) of 1940/the arbitration and conciliation act, 1996 shall not be applicable to this arbitration provision, to any arbitration proceedings or award rendered or any dispute or difference .....
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