Court : Chennai
..... be established by him. a mere assertion about undue hardship would not be sufficient. it was noted by this court in s. vasudeva v. state of karnataka, (1993) 3 scc467that under indian conditions expression undue hardship is normally related to economic hardship. undue which means something which is not merited by the conduct ..... chapter, the decision or order appealed against relates to any duty demanded in respect of goods which are not under the control of central excise authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the adjudicating authority the ..... of the ship management services, maintenance and repair services, technical and analysis service, business auxilliary service and business support service , were taxable under the finance act, 1994 on the terms that the services were received from a person located abroad and therefore they were liable to pay service tax as a recipient of .....
Tag this Judgment!Court : Chennai
..... to be established by him. a mere assertion about undue hardship would not be sufficient. it was noted by this court in s. vasudeva v. state of karnataka, (1993) 3 scc467that under indian conditions expression undue hardship is normally related to economic hardship. undue which means something which is not merited by the conduct of ..... relates to any duty demanded in respect of goods which are not under the control of central excise authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the adjudicating authority the duty ..... , (1984) 2 scc436and cce v. dunlop india ltd., (1985) 1 scc260cases without analysing factual scenario involved in a particular case.10. section 35-f of the act reads as follows: 35-f. deposit, pending appeal, of duty demanded or penalty levied. where in any appeal under this chapter, the decision or order appealed against .....
Tag this Judgment!Court : Chennai
..... the petitioner itself would be void and non est in the eye of law, as per the decision of the supreme court, in r.viswanatha pillai vs. state of karnataka, 2004 air scw419 14. the learned counsel had further submitted that the supreme court had held, in bank of india vs. avinash mundi vihar, 2005(7)scc690 that ..... to the court with false claims, cannot plead equity nor the court would be justified to exercise equity jurisdiction in his favour. a person who seeks equity must act in a fair and equitable manner. equity jurisdiction cannot be exercised in the case of a person who got the appointment on the basis of false caste certificate by ..... their contents are to be treated as correct and every public authority, undertakings, bodies, institutes, etc., which are bound by instructions relating to such certificates, are bound to act upon them, so long as they are not cancelled.3. in no disciplinary proceedings, their genuineness or correctness of their contents can be gone into. it is open to .....
Tag this Judgment!Court : Chennai
..... the petitioner itself would be void and non est in the eye of law, as per the decision of the supreme court, in r.viswanatha pillai vs. state of karnataka, 2004 air scw419 13. the learned counsel had further submitted that the supreme court had held, in bank of india vs. avinash mundi vihar, 2005(7)scc690 that ..... to the court with false claims, cannot plead equity nor the court would be justified to exercise equity jurisdiction in his favour. a person who seeks equity must act in a fair and equitable manner. equity jurisdiction cannot be exercised in the case of a person who got the appointment on the basis of false caste certificate by ..... their contents are to be treated as correct and every public authority, undertakings, bodies, institutes, etc., which are bound by instructions relating to such certificates, are bound to act upon them, so long as they are not cancelled.3. in no disciplinary proceedings, their genuineness or correctness of their contents can be gone into. it is open to .....
Tag this Judgment!Court : Chennai
..... by the government of india, to improve the standards of universities. recently, a study was conducted by two persons by name k.sudha rao, vice chancellor, karnataka state open university, mysore and advisor aserf and mithilesh kr.singh, senior fellow, (aserf), new delhi analysing the different methods adopted for the appointment of ..... officer of the university and the academic head and principal executive officer of the university. statute 2(5) empowers the vice chancellor to exercise a general control over all the affairs of the university. statute 2 (10) confers residual powers upon the vice chancellor to exercise all such powers not expressly mentioned therein ..... their work effectively and in the right spirit. (report of the committee on model act for universities 1964:11. the vice-chancellor being the principal executive and academic officer of the university, should exercise general supervision and control over the affairs of the university and give effect to the decision of all its .....
Tag this Judgment!Court : Chennai
..... that is, commercial use for business have their own significance. in black's law dictionary, commercial has been defined as relates to or is connected with trade and traffic or commerce in general; is occupied with business and commerce . in r.m.investment and trading company pvt.ltd.v.boeing company and another, (1994) 4 scc541 ..... railway administration with any profit motive. it is the further submission of the learned senior counsel appearing for the petitioner that upto the year 2005, the said act was performed by the railway administration directly and on account of policy decision, it was entrusted to irctc and the ministry of railways is having 100% shares ..... 2013 (4) ctc473 ags entertainment private limited, chennai-83 and others versus union of india and others.the validity of section 65(105)(zzzzt) of the finance act, 1994, bringing within the ambit of service tax, certain forms of income generated from temporary transfer or permitting the use or enjoyment of any copyright as defined .....
Tag this Judgment!Court : Chennai
..... for the petitioner are as follows: (i)y.v.rangaiah versus j.sreenivasa rao (1983) 3 scc284 (ii)p.mahendran v. state of karnataka air1990sc405 (iii)n.t.bevin katti v. karnataka public service commission air1990sc1233 (iv)b.l.gupta versus m.c.d.- (1998) 9 scc223 (v)sonia versus oriental insurance company co.ltd.- ..... for appointment. certainly this is not actual appointment or posting in service. in contradistinction, the word ".appointment". means an actual act of posting a person to a particular office.". 23.in k.narayanan v. state of karnataka 1994 (supp.) 1 scc44 the supreme court indicated that the word ".recruitment"., according to the dictionary, means ".enlist".it ..... initial entry into service. 25.therefore, it is clear that 'recruitment' is nothing more than a mere selection or enlistment, while 'appointment' is the actual act of offering a post to an individual. insofar as the civil posts and civil services under the state are concerned, it is well settled for a long time .....
Tag this Judgment!Court : Chennai
..... mahazar. adverting to the above rival contentions and while concurring with the decision of the claims tribunal, and on the facts and circumstances of the reported case, the karnataka high court held as follows: 5. as regards the tribunal's conclusion that the respondent claimant was travelling in the said lorry transporting 5 coconut bags therein paying ..... of ladies, with their mango basket stopped the vehicle and boarded the lorry, with mangoes, in baskets to go to thiruvallur and near vengathur, the driver lost his control and dashed against a tree and thus, caused the accident.3. royal sundaram alliance insurance company, appellant herein, has objected to the claim petitions, on the grounds ..... in the case of a non-fare paying passenger, who is not the owner of goods. in view of the amendment to section 147 of the motor vehicles act, the act policy, covers the owners of the goods or their representatives.48. as per section 2(12), ".fares". includes sums payable for a season ticket or in .....
Tag this Judgment!Court : Chennai
..... .s.jagannathan, (1986) 2 scc679:: air1987sc537. in case of a social benefit oriented legislation like the consumer protection act, 1986 the provisions of the act have to be construed as broadly as possible (state of karnataka vs. vishwabharathi house building co-op. society, (2003) 2 scc412 in favour of the consumer to achieve the ..... in protection (supra) - source 'shodhganga.inflibnet.ac.in'. the earliest legislation bringing females into the scheme of inheritance is the hindu law of inheritance act, 1929. this act, conferred inheritance rights on three female heirs i.e. son's daughter, daughter's daughter and sister (thereby creating a limited restriction on the rule ..... of survivorship). another landmark legislation conferring ownership rights on woman was the hindu women's right to property act (xviii of ) 1937. this act brought about revolutionary changes in the hindu law of all schools, and brought changes not only in the law of coparcenary but also in .....
Tag this Judgment!Court : Chennai
..... challenging the appointment of one s.ramamoorthy as the managing director on the ground that by virtue of section 7(1)(d) of the karnataka urban water supply and drainage board act, 1973, an officer or the servant of the board could not have been appointed as the managing director. pending writ petition, the person ..... a serving employee to maintain a writ of certiorari, the learned advocate general relies upon the opinion expressed by the supreme court in b.srinivasa reddy v. karnataka urban water supply drainage board employees association [(2006) 11 scc731. in paragraph 78 of the report, the supreme court indicated that certiorari jurisdiction can be exercised ..... union to challenge the appointment. on the first question, the supreme court held that the registration of the karnataka urban water supply and drainage board employees association in terms of the provisions of the trade unions act, 1926, had been cancelled way back in november 1992 and that by virtue of the amendment to section 2 .....
Tag this Judgment!