Court : Delhi
..... the cause is rfa(os)75/2011 page 22 primarily within the knowledge of the defendant. see syad akbar v. state of karnataka, (1980) 1 scc30 shyam sunder v. state of rajasthan, (1974) 1 scc690 pushpabai purshottam v. ranjit ginning & pressing ..... or that the particular cause of the injury was not associated with negligence on his part. industrial and traffic accidents and injuries caused by defective merchandise are so frequently of this type that the theoretical limitations of the ..... head injury with fracture dislocation of the cervical dorsal column causing paralysis of the four limbs and loss of sphincter control. dr sehgal later advised that susan should be transported to her home in brisbane, australia. after a prolonged hospitalization ..... whether documentary hospital records were permitted to be contradicted by oral evidence of pw19contrary to section 92 of the evidence act does not even come up for consideration. notwithstanding this, a few observations on this submission are apposite. counsel .....
Tag this Judgment!Court : Delhi
..... is next contended by the counsel for the respondent no.2 that the agreements in question were void in view of section 5(3) of the delhi rent control act, 1958 (drc act). he submits that in lieu of surrender of tenancy rights and in consideration thereof, the agreements provided for built up property to be given to respondent nos ..... any of the three named architects and the nature of construction is fully specified in form of annexure a to the agreement.49. relying upon the judgment of the karnataka high court in robert d silva v. roshini enterprises and another, 1986 scc online kar 3, he submits that the bar to enforcement of contracts based on ..... /builder under a collaboration agreement cannot be compared to the statutory liability of a landlord to reconstruct and deliver a shop premises to a tenant under a rent control legislation, which is enforceable under the statutory provisions of the special law. a collaboration agreement of the nature alleged by the appellant is not one that could .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1988)(15)ECC318
..... 4. at the outset shri murthy, learned counsel for the appellants contended that in exercise of the powers conferred by section 3 of the imports and exports (control) act, 1947, the import trade control order no. 49/85-88 dated 1-4-86 (also designated as open general licence no.15/86) was issued, whereby general permission was accorded for ..... appreciate the controversy in hand for, to fortify his argument shri murthy also contended that as stated above an order under section 3 of the imports and exports (control) act, 1947 was issued for deleting the entries relating to cloves and cinnamons from ogl 15/86 which proves that the amendments and additions in appendix 5 and 6 could ..... harbhagwan das v. collector, supra. moreover, we have the recent judgment of the hon'ble supreme court on this concept.in b.k. srinivasan & others v. state of karnataka, (1987)1 scc 658 chinnappa reddy j, speaking for the bench has this to say on the subject :- "there can be no doubt about the proposition that where a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1986)16ITD43(Delhi)
..... that case, to debate as to whether the right to receive cash assistance was a statutory right, having its roots in section 3 of the imports and exports control act or whether it was an equitable right arising from the doctrine of promissory estoppel. it was enforceable right under the law, either way. the following observation of ..... the statutory basis for all these schemes, which were intended to regulate, promote and channelise the country's exports lay in section 3 of imports and exports (control) act. so the same statute as backed up by the schemes of import entitlements and duty drawbacks was behind the scheme of ccs and a legally enforceable right in ..... entitlements and duty drawbacks were given by the government in terms of section 3 of the imports and exports (control) act, 1947, but granting of ccs could not be related to any such statutory provision. it was purely an administrative act, and its authority lay in the circular of the ministry of commerce dated 17-8-1966, referred to .....
Tag this Judgment!Court : Delhi
..... court in its later judgments reported at (2006) 11 scc323bhimappa chandappa hosmani and ors. v. state of crl.a.nos.741, 910/2008 & 145/2012 72 karnataka; (2006) 10 scale369yuvaraj ambar mohite v. state of maharashtra).128. mr. jethmalani has referred to the precedent reported at (2006) 12 scc512 raj amber mohite ..... .741, 910/2008 & 145/2012 39 the trial and their secondary traumatization by aggressive and intimidating defence posturing prevented?.81. can accused persons exercise control over appearance of witnesses in court, successfully ensure a witness avoidance from testifying for over three and a half years, be permitted to urge prejudice by ..... relationship (vii) the statements attributed to nitish katara by pw30 nilam katara and pw-39 nitin katara are admissible under section 32(1) of the indian evidence act (viii) testimony of nilam katara - whether unreliable?. what constitutes contradictions , improvements and significant omissions ?. (ix) conduct of bharti yadav on the 17th of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)107ITD1(Delhi)
..... p) ltd. to make a distinction between 'error in jurisdiction' and 'error of jurisdiction'. for this a reference has been made to the judgment of the karnataka high court in the case of a. premchand ors.v. iac and ors. where it has been held that the jurisdiction to initiate proceedings for acquisition of immovable ..... , consent cannot give jurisdiction where there is none. in dhirendra nath (supra), the following observations were made in this context (p. 1305): where the court acts without inherent jurisdiction, a party affected cannot by waiver confer jurisdiction on it, which it has not. where such jurisdiction is not wanting, a directory provision can ..... void and incapable of being validated. in dhirendra nath gorai v. sudhir chandra ghosh (supra), the following observations were made in this context: where the court acts without inherent jurisdiction, a party affected cannot by waiver confer jurisdiction on it, which it has not. where such jurisdiction is not wanting, a directory provision .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(84)ELT64TriDel
..... other provisions which were themselves free from time limit restrictions, section 11a will [loom] large this judgment was taken note of in the tungabhadra judgment of the karnataka high court but not brought to the notice of the gujarat high court in the torrent case. it is incidentally to be noted that even in the ..... credit had been wrongly availed of or utilised in an irregular manner, he takes steps to recover the duty which was legitimately payable by the assessee under the act in accordance with the procedure prescribed under the relevant rules. the scheme provides for debiting, the credit availed of to the pla account, which is a ..... or taken away by the enactment expressly or by necessary implication. it is only a declaratory or procedural enactment which is normally held to be retrospective. a remedial act, on the contrary, is not necessarily retrospective, it may be either enlarging or restraining and it takes effect prospectively, unless it has retrospective effect by express .....
Tag this Judgment!Court : Delhi
..... of the central sales tax act, 1956 and is also included at entry 5 of the fourth schedule to the karnataka sales tax act, 1957. in that context the meaning of the word oil-seeds was extensively examined by the division bench and held that ..... be extracted and all of them are regarded in common parlance as oil-seeds. in sri lakshmi coconut industries v. the state of karnataka and anr. [1980] 46 stc 40.the division bench of the karnataka high court was to consider whether desiccated coconut falls within the entry coconut, which is one of the declared goods under section 14 ..... desiccated coconut is a coconut and a declared good under section 14 of the central sales tax act, 1956, in deputy commissioner of agrl. income-tax .....
Tag this Judgment!Court : Delhi
..... or scheme of temporary nature. in this regard, he places reliance on the judgment of the supreme court in s.m. nilajkar vs. telecom district manager, karnataka, (2003) 4 scc 27.mr. aggarwal submits that in case of a probationer there is no deemed confirmation. this means that an employer may continue to ..... been held that the termination of the services of the petitioners does not tantamount to retrenchment as defined in section 2(oo) of the industrial disputes act, 1947 (the act), since it is covered by clause (bb) of the said provision.2. the petitioners placed reliance on the division bench judgment of this court in ..... provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law [including standing orders made under the industrial employment (standing orders) act 1946 (20 of 1946)]. therefore, the provisions of chapter v-a have effect notwithstanding anything inconsistent therewith contained in any other law. the section does not .....
Tag this Judgment!Court : Delhi
..... or scheme of temporary nature. in this regard, he places reliance on the judgment of the supreme court in s.m. nilajkar vs. telecom district manager, karnataka, (2003) 4 scc 27.mr. aggarwal submits that in case of a probationer there is no deemed confirmation. this means that an employer may continue to ..... been held that the termination of the services of the petitioners does not tantamount to retrenchment as defined in section 2(oo) of the industrial disputes act, 1947 (the act), since it is covered by clause (bb) of the said provision.2. the petitioners placed reliance on the division bench judgment of this court in ..... provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law [including standing orders made under the industrial employment (standing orders) act 1946 (20 of 1946)]. therefore, the provisions of chapter v-a have effect notwithstanding anything inconsistent therewith contained in any other law. the section does not .....
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