Court : Chennai
Decided on : Nov-27-2009
Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)
..... of the named existing operators in respect of overlapping routes in the specified permits, subject to the corridor restrictions of picking up and setting down the passengers en route the prescribed prohibited route. they became entitled to run their stage carriages subject to the law. though, their permits are saved, the named ..... 49 of 1988);(p) procedure in the matter of refund of duty paid, appeals and revision petitions under the act.(q) on-line filing of electronic shipping bills or bills of entry and indian customs and central excise electronic commerce/electronic date interchange gateway (icegate) and indian customs electronic date interchange systems (ices ..... under regulation 9(3) of 1984 and regulation no. 8(6) of 2004 are almost same. the new subjects added are online filing of electronic shipping bills or bills of entry and indian customs and central excise electronic commerce/electronic date interchange gateway (icegate) and indian customs electronic date interchange systems (ices .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-2009
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... shall be paid into market committee funds (mcf). section 15 stipulates and enumerates purposes for which such mcf may be expended. the purposes for which mcf may be used are acquisition of site for market; establishment, maintenance and improvement of market; construction of buildings for market; maintenance of standard weights and measures; collection and dissemination of information regarding all matters relating ..... , dealing with the language of a statute, does in order to ascertain from, and accord to, the statute the meaning and purpose which the legislature intended for it. in manchester ship canal co. v. manchester racecourse co. (1900) 2 ch 352, farwell, j. said:unless the words were so absolutely senseless that i could do nothing at all with them, i .....
Tag this Judgment!Court : Delhi
Decided on : Apr-27-2009
Reported in : [2009]92SCL174(Delhi)
..... & tours (p.) ltd. [2008] 85 scl 56, the supreme court observed:22. in sarav investment and financial consultants (p.) ltd. v. llyods register of shipping indian office staff provident fund : 2008crilj377 , this court opined that the director of the company is only vicariously liable for the acts of the company, and could be ..... payable in rupee debt repayment letters of credit. for the entire export transactions during 1995 and 1996 the russian buyers did not claim non-delivery of cargo shipped to them. all transactions were completed in terms and conditions of the letters of credit, which were submitted to the indian banks; these transactions were ..... fully co-operated with investigations initiated by the dri and enforcement directorate. the petitioners submit that nil shipped the coffee cip russia after arranging for and paying freight till russia, and handed over documents of shipping/export in terms of conditions of lc opened by the russian buyer. it is submitted that upon delivery .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-06-2009
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
G.S. Singhvi, J.1. Whether the persons employed on daily wage basis or nominal muster roll or consolidated pay or as contingent worker on full time basis in different departments of the Government of Andhra Pradesh and its agencies/instrumentalities are entitled to be regularised in service on completion of 5 years and whether amendments made in the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 (for short `the 1994 Act') by Amendment Act Nos. 3 and 27 of 1998 are ultra vires the provisions of the Constitution are the questions which arise for determination in these appeals, some of which have been filed by the State Government and its agencies/instrumentalities and some have been filed by the employees, who could not convince the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') and/or the High Court to accept their prayer for issue of a mandamus to the concerned authorities to regularise ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-2009
Reported in : JT2009(10)SC597; 2009(11)SCALE102; (2009)11SCC737; [2009]96SCL143(SC)
..... or improper and those where the public servant misappropriates what may have been quite properly and innocently received. all that is required is what may be described as entrustment or acquisition of dominion over property in the capacity of a public, servant who, as a result of it, becomes charged with a duty to act in a particular way, or, atleast .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2009
Reported in : 2009(1)ALT754
..... assumption that is at clear variance with the law. illustrations by the full bench majority of an extremists killing in a village in the state or of arson of a passenger train by extremists' organization, are also non-sequitor, for reason alike.296. in pucl (8 supra) in manipur, a disturbed area with a considerable component of terrorists activity affecting public ..... full bench majority in apclc (6 supra) conceived illustrations from the attack on parliament; an extremist killing in some village in the state; and an act of arson on a passenger train by persons claiming to belong to an extremist organization where about 50 persons died. the majority reasoned that in these instances if the intervention of the police and the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-2009
Reported in : ILR2009KAR2589; 2009(6)KarLJ205
ORDERN. Kumar, J.1. In all these Writ Petitions the petitioners have challenged the constitutional validity of Section 27(2) and (3) of the Consumer Protection Act, 1986 (hereinafter far short referred to as the Act') as well as the procedure followed by the District and State Consumer Forum in issuing arrest warrants against them. Therefore, all these Writ Petitions axe taken up for consideration together and disposed of by this common order. However, for proper appreciation of the rival contentions, the facts pleaded in W.P. No. 700/2008 and the statement of objections filed in W.P. No. 18465/ 2006 by the Union of India which was adopted by them as the statement of objections in all the Writ Petitions, is set out as under.2. The petitioner is a registered partnership firm. It is in the business of land development and construction. The petitioner entered into an agreement with the land owners for development of land bearing Sy. No. 4848 and 2878 at 6th Main, V.V. Puram, Devaraja Moha...
Tag this Judgment!Court : Karnataka
Decided on : Jun-05-2009
Reported in : 2009(4)KCCR2566(D.B)
I. CORE ISSUES1. The above batch of writ appeals are directed against the order dated 7th August, 2008 made in writ petition No. 21608 of 2005, raising the following core issues for our consideration:(i) Whether it is proper for this Court to exercise its power of judicial review under Article 226 of the Constitution of India to adjudicate on the policy decision with respect to substantial development of the State and quash the notification made under Rule 59(1) of the Mineral Concession Rules, 1960 (for short 'MC Rules') notifying the area available for mining iron ore?(ii) Whether the application, for grant of mining lease for an area, without a notification under Rule 59(1) of the MC Rules, 1960 notifying the said area as available for mining, can be considered for grant of mining lease under Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as, such application is premature and shall not be entertained as per Rule 60 of the MC Rule...
Tag this Judgment!Court : Mumbai
Decided on : Apr-16-2009
Reported in : 2009(3)BomCR610; 2009(111)BomLR1874
Swatanter Kumar, C.J.1. Heard. Rule. Respondents waive service. By consent, Rule is made returnable forthwith. Heard Senior Counsel for both sides.2. Both the Petitioners, in this Writ Petition, are Chartered Accountants by profession and are members of the Institute of Chartered Accountants of India set up under the Chartered Accountants Act, 1949 (hereinafter referred to as the 'Act'). Petitioner No. 1 is a Chartered Accountant since 1992 and a partner of M/s. Price Waterhouse & Co., a firm of Chartered Accountants, (hereinafter referred to as the 'Firm') while Petitioner No. 2 is a Chartered Accountant since 1972 and Senior Manager of the said Firm. This Firm was the statutory auditors of one Global Trust Bank Limited ( hereinafter referred to as the 'Bank') for the year ended 31st March, 2003. The Petitioners, in their capacity as a partner and Senior Manager of the Firm, respectively, had conducted the statutory audit and signed the qualified audit report on 30th September, 2003 o...
Tag this Judgment!Court : Gujarat
Decided on : Mar-16-2009
Reported in : (2009)3GLR1982
..... the residence of suspect abdul hamid chandmiya @ ladoo bapu. the raiding party also identified suspect abdul hamid chandmiya @ ladoo bapu sitting in rickshaw at that juncture, occupying the passengers seat. ultimately, after vigorous chase and on account of topography of old city of ahmedabad, the rickshaw could not be over reached by the bureau party, and ultimately, ..... mr. tomar on another motorcycle following him, helped him in getting up. smt. krishna chaube was called by mr. tomar by pager. both the driver and the passenger had escaped absconding the auto-rickshaw and a driving licence and from below the back seat, a gunny bag was found out. charas was found from the same on ..... consistently of having followed the auto-rickshaw, which was in a high speed. he also said that when the auto-rickshaw was being chased, person sitting as a passenger instructed the driver to hurry up or they would be caught (bhaga bhaga jaldi woh log aa gaye hai pakad lenge). this witness had not been aware as .....
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