Court : Delhi
..... . appl. 38117/2016 power grid corpn.of india ltd. ..... appellant through: mr. s.b. upadhyay, senior advocate with ms. anisha upadhay, mr. nishant kumar and mr. pawan upadhyay, advocates. versus karnataka power trans. corp. ltd. ..... respondent through: ms. swapnil seshadri, advocate. coram: hon'ble mr. justice najmi waziri najmi waziri, j.(oral) 1. the appellant seeks review of the order dated .....
Tag this Judgment!Court : Delhi
..... also argued that reliance on circular no.1/2008 relating to cold storage units is misplaced. the said circular clarified that the main function of the cold storage is to preserve the perishable goods by means of a mechanical process, and storage of such goods is only incidental in nature. the customer is also not given any right to use ..... that service tax is also leviable on renting of immovable property. merely because the nature of certain receipts of the assessee has been treated as service by the hon ble karnataka high court, it does not preclude the payments received from the said activity as rent for the purposes of 1941 of the i.t, act. these two statutes are ..... the receipts were subject to levy of service tax by union of india or levy of value added tax by the delhi government. the decisions of the hon ble karnataka high court and the hon ble delhi high court cannot be applied in the facts and circumstances of this case and are clearly distinguishable. the observations of both the .....
Tag this Judgment!Court : Delhi
..... by members of a court during argument, while of persuasive weight, are not judicial pronouncements and do not decide anything. 31. in mcd v. gurnam kaur [(1989) 1 scc101, and karnataka srtc v. mahadeva shetty [(2003) 7 scc197:2003. scc (cri) 1722]. , this court has observed that: (gurnam kaur case [(1989) 1 scc101 , scc p. 111, para12) 12. mere casual expressions ..... v. shivakant shukla [(1976) 2 scc521. it is also well settled that the statements which are not part of the ratio decidendi constitute obiter dicta and are not authoritative. (see karnataka srtc v. mahadeva shetty [(2003) 7 scc197:2003. scc (cri) 1722]. .) 33. in girnar traders v. state of maharashtra [(2007) 7 scc555 this court has held: (scc p. 586, para53 .....
Tag this Judgment!Court : Delhi
..... legislative policy of a speedy conclusion of proceedings under the 1989 act. bearing in mind the principles enunciated in shayara bano, we are constrained to hold that in failing to preserve the right to seek condonation of delay that too at the stage of a first appeal, the legislature has clearly acted capriciously and irrationally. it has left an aggrieved person ..... has a right of fair trial, his case must be examined keeping in view the ordinary law of the land. 35. he also places reliance on selvi v. state of karnataka, (2010) 7 scc263 wherein the supreme court observed the right against self- 88. .. we must examine incrimination in respect of its relationship with the multiple dimensions of personal liberty under .....
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..... minimum wage rates should be fixed in the scheduled industries with the dual object of providing sustenance and maintenance of the worker and his family and preserving his efficiency as a worker. (emphasis supplied) 131. interestingly the irrelevancy of the paying capacity of the employer has assumed importance as an important ..... mr. nanavati must fail. (emphasis supplied) 155. in the judgment reported at ilr1985karnataka 688 aspinwal and co. limited & ors. v. state of karnataka, the karnataka high court reiterated the above pointing out that it was essential for the person objecting to show that the government official so nominated suffered from bias in ..... jammu & kashmir assam west bengal jharkhand manipur meghalaya mizoram nagaland odisha arunachal pradesh bihar sikkim tripura rajasthan punjab haryana h.p. kerala andhra pradesh tamilnadu telangana karnataka gujarat maharashtra chhatisgarh madhya pradesh goa u.t. lakshadweep andman & nicobar daman & diu dadar haveli nagar 1.2. 3.4.5.6.7.8. .....
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..... the terms of office, should be of limited duration, in order to allow, renewal of office bearers on a regular basis; and give access to new candidates government to preserve autonomy cooperation, coordination and consultation with (emphasis supplied) the circular went on to note that the 1975 guidelines, as modified on 1st may, 2010, were fully in ..... list na chairman mr. k.e. prabhakar andhra kabaddi association 1 vice president mr. bhubeneshwer all assam kabaddi association 3 no.1 kalita vice president mr. m. hanumanthe karnataka rajya kabaddi 25 no.2 gowda association vice president mr. j.p. agarwal u.p. state kabaddi association 47 no.3 vice president mr. vijay prakash haryana state ..... prevailing in the affairs of the akfi, owing to the machinations of... respondents no.4 and 5, we are of the opinion that it would be necessary, to preserve the w.p.(c) 4601/2013 page 65 of 68 very existence of the akfi, to entrust its control and affairs to an impartial administrator. we, therefore, issue .....
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..... clause (15) of section 2 of the income tax act, thus: (15) charitable purpose includes the poor, education, medical relief, and preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility: provided that the ..... and i am entirely in agreement with the principles laid down by r.p. sethi, cj (as his lordship then was), speaking for the high court of karnataka in workmen, bangalore water supply and sewerage board (supra). in the case of an institution which is making profits, therefore, the judicial effort, clearly, has to ..... board should not make profits, much less that the board had been established not for the purposes of profit.40. the division bench of the high court of karnataka, in workmen, bangalore water supply and sewerage board v. bangalore water supply and sewerage board, 1994 kar lj574 speaking through, r.p. sethi, cj (as .....
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..... such a notice, whereas in another case such a notice may be reasonably inferred even from the pleadings of the parties coupled with their conduct during the trial,"17. the karnataka high court dealt with the same question in their decision in oriental insurance co. v. jevaramma, (1988) act671 the division bench followed an earlier decision of the same high court ..... instance on an irrelevant ground not raised in the written statement, which was perversely accepted by the commissioner when the poor toddy tapper could not give the number of the tree from which he fell down. he also refers to the fact that the appellant behaved in a most cruel manner in that he did not even arrange for the proper .....
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..... of the ministry of culture, ministry of home affairs, ministry of urban development, apart from renowned architects, planners, art historians, educationist and environmentalists for preservation of architectural heritage of chandigarh. the expert heritage committee was directed to look into the original concept of the city as well as maintenance of the important ..... ) the writ petitions filed by the appellant agents were maintainable; and (b) the states of sikkim and meghalaya could maintain suits against the states of karnataka under article 131 of the constitution wherein the said agents had also been impleaded. allowing the appeals, the supreme court held:"21. article 131 of the ..... in exercise of the power conferred upon it under section 5 of the lotteries (regulation) act, 1998 a declaration was made that the state of karnataka shall be a free zone from online and internet lotteries. by reason of the said notification, sale of all computerized and online lottery tickets marketed and .....
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..... of the ministry of culture, ministry of home affairs, ministry of urban development, apart from renowned architects, planners, art historians, educationist and environmentalists for preservation of architectural heritage of chandigarh. the expert heritage committee was directed to look into the original concept of the city as well as maintenance of the important ..... ) the writ petitions filed by the appellant agents were maintainable; and (b) the states of sikkim and meghalaya could maintain suits against the states of karnataka under article 131 of the constitution wherein the said agents had also been impleaded. allowing the appeals, the supreme court held:"21. article 131 of the ..... in exercise of the power conferred upon it under section 5 of the lotteries (regulation) act, 1998 a declaration was made that the state of karnataka shall be a free zone from online and internet lotteries. by reason of the said notification, sale of all computerized and online lottery tickets marketed and .....
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