Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Sep-04-2013
..... to obviate any confusion the expression large scale? is not a very precise expression parliament stepped in and added the explanation to section 2(d)(i) by ordinance/amendment act, 1993. the explanation excludes certain purposes from the purview of the expression commercial purpose? a case of exception to an exception. let us elaborate : a person who buys a ..... on the basis of the know-how gathered from other sources with the new machinery not connected with the original project. the new machinery was installed in the year 1993-94 and as such, the complainant is not liable to pay any royalty to the op corporation in terms of the agreement, dated 01.03.1983. himachal ..... that in the year, 1990, there was no special law of limitation, so far as consumer protection act, is concerned. the law of limitation was introduced, for the first time, in section 24-a of the act, w.e.f. 18.06.1993. this complaint was filed before this commission, on 04.02.1994. fourthly, it was submitted that the .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jun-19-2013
..... eg that a statute cannot be interpreted by reference to what was said about it in parliament (unless the requirements laid down in pepper v hart [1993] ac 593 are satisfied), or that prior negotiations or subsequent actions cannot be taken into account when construing a contract. in addition, particularly in a system ..... of means of access to highways" was included in the definition of "engineering operations" and was thus treated as "development" requiring planning permission (see the 1990 act, sections 55(1), 336(1)). with very limited exceptions, not material to this case, no compensation was payable for refusal of permission under the new statutory ..... common theme was that the broad, unfettered power asserted by the council, without the protection of compensation, was irreconcilable with the general scheme of the act and the pattern of other comparable provisions. in particular the council's construction of section 80 would enable it to override the safeguards provided in other sections .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-2013
..... the plaintiff no. 2 is the son of the first plaintiff and ibrahim khan. according to the plaintiffs, ibrahim khan and the first plaintiff were married in the year 1993 and out of the said wedlock the plaintiff no. 2 was born some time in the year 1996. the plaintiffs claim that they alongwith ibrahim khan were residing in ..... quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining. but since the granting of such an injunction to a party ..... proceeding the object of which is to afford an immediate remedy to an aggrieved party to reclaim possession of which he may have been unjustly denied by an illegal act of dispossession. questions of title or better rights of possession does not arise for adjudication in a suit under section 6 where the only issue required to be decided .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-14-2013
..... for safeguarding and promoting welfare of the child in the uk as under section 13 of the hmg act in india. 21. the appointment of a person as the guardian of the child in the foundation of such right. the ground for such appointment is only when the child is bereft of a natural guardian (as specified in section ..... the parents of the child, the guardianship would be considered only in their absence. there rights are similar for such guardians under section 3(2) of the children's act cited above. these rights cannot be exercised, availed of, demanded or granted without the corresponding duties, responsibilities and obligations. such other person indeed has no duties, responsibilities and ..... 6 of the hmg act). amongst the persons who may be the guardians of the child the father, and in .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-21-2013
..... 19. the principle of purposive interpretation has also been accepted by a constitution bench of the supreme court in c.b.gautam v/s. union of india (1993) 1 scc 79)by relying upon the decision in k.p.verghese v/s. income tax officer, ernakulam (1981) 4 scc 173), wherein the court observed ..... from 1977 onwards taking the view that order dismissing application for amendment of the plaint cannot be treated as affecting substantive rights of the parties under the rent act and that procedural orders like order granting or rejecting amendment are not revisable. after considering all these decisions, the division bench made the following observations: 7 ..... learned single judge showing large number of revision applications which are pending before the appellate bench, as per the information received under the right to information act. even learned counsel appearing for the first respondent in the said petition accepted that a revision application was not maintainable against the trial court's order .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-2013
..... there is an entirely new cause of action to frame a new scheme and the law contemplates that whether such a new cause of action should be the foundation of a new proceeding has first to be determined by the advocate-general, before the matter comes to court. jurisdiction of the court is vested to try ..... in fact no order has been passed on the appellant's application for changes in the entries made in the registers maintained under section 17 of the act. the bpt act provides for express exclusion of the jurisdiction of the civil court. it in various provisions contained in chapter iv a power of inquiry and consequently a ..... the petitioners and other beneficiaries. it is submitted that the petitioners also have filed a separate application against the trustees under section 41(d) of the said act for appropriate action which application is also pending before charity commissioner. learned counsel placed reliance on the judgment of this court in case of prasadnagarcooperative housing soc.ltd .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jun-13-2013
..... on 17 june 1998, the appellants were convicted of a number of sexual offences including offences against robert mcgarrigle. these offences had been committed between march 1993 and 27 july 1996 when robert and his mother were living close to where the appellants were then living in rothesay. on 18 august 1998 the appellants ..... were sentenced in respect of these convictions to periods of 6 years and 8 years imprisonment respectively and became subject to notification requirements under the sex offenders act 1997. they were taken to peterhead prison to serve their sentences. 17. on 14 september 1998 the procurator fiscal at kilmarnock wrote to the governor ..... sifting judges refused him leave to appeal against his conviction for murder. the appellants applied under section 107(8) of the criminal procedure (scotland) act 1995 ("the 1995 act") for leave to appeal against their convictions for murder on certain grounds which the sifting judges had held were unarguable. on 8 february 2012 lauchlan .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-27-2013
..... go upto 37 floors for utilising and loading additional 0.5 fsi on the said building. since inception, the plaintiffs had carried out the entire construction including the foundation, plinth, columns, beams, etc. of the aforesaid saleable building in such a manner that the said building/tower would take the full and complete load of ..... the plaintiffs. under the circumstances, apart from the term in the contract, defendant no.5 was entitled to terminate the contract under section 39 of the contract act. mr. thorat further submitted that the plaintiffs voluntarily stopped construction, as a result of which the occupation certificate could not be applied for or granted. as ..... corporation vs. bibi jaan s.farid (2007 (2) bcr 587)would clearly apply. 34. mr. dwarkadas further submitted that the provisions of the maharashtra ownership flats act ( mofa ) were mandatory and would apply in respect of the present construction. under section 2 (f) of the mofa, the plaintiffs, defendant no.5 and the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-2013
..... award, the point in issue can certainly be raised in a petition under section 34 of the act. 20. the object and the scheme of the arbitration act is to secure expeditious resolution of disputes. its foundation is based upon national and international commercial arbitration practice. the arbitrator is required to adjudicate the disputes ..... governed and run by the terms. the arbitrator, therefore, cannot go beyond the arbitration agreement clauses. we all need to respect the legislative intent underlying the act. the speedy and alternative solution to the dispute just cannot be overlooked. delay occurred, if any, may destroy the arbitration scheme itself. 21 in view ..... entitled to approach the micro and small scale scale enterprises facilitation council constituted under the provisions of the micro, small and medium enterprises development act, 2006 (for short 'the act of 2006) and the said council is entitled in law to adjudicate the disputes between the parties. 2. the relevant facts for the .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jul-05-2013
..... ii) or under section 17 (4) of the act, but, after giving evidence which can form basis, the directors will have to say about their or ..... therewith and duly made thereunder, including regulations made by the company in general meeting. (2) no regulation made by the company in general meeting shall invalidate any prior act of the board which would have been valid if that regulation had not been made." 13. the provisions regarding constitution of board of directors and powers of the board ..... the scope of his entrustment in duty. they will also be required to show that they were acting in good faith and they had taken preventive action that can be reasonably be taken. the initial burden may be on the prosecution to lay down foundation, to make case to satisfy the requirements of provisions of section 17 (1) (a) ( .....
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