Court : Supreme Court of India
Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)
..... post award under section 34 of the act.64. dealing with the statement of object and reasons of the act, this court in konkan railway corporation ltd. and ors. v. mehul construction co. : air2000sc2821 said:'at the outset, it must be borne in mind that prior to the 1996 act, the arbitration act of 1940 ..... arbitration if it 'finds' that the arbitration agreement is 'null and void, inoperative or incapable of being performed'.4. this court in konkan railways corporation ltd. and ors. v. mehul construction co. : air2000sc2821 pointed out that parliament had clearly indicated that the act had substantially adopted the model law on international commercial arbitration 1985 ('the ..... article 8) - if not it is mandatory to send the parties to arbitration. kane, j. did not follow this course - he referred questions of the construction of the agreement to trial without apparent reference to the condition specified in article 8; these issues to be tried relate to matters of law, including jurisdiction and .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)CHN281
..... to such society for being admitted as a member and membership shall not be denied to him if plots of land, houses or apartments in buildings constructed or under construction by it are available for allotment to such person on the date of application and plot of land or house or apartment as applied for shall ..... 18) 'co-operative housing society' means a co-operative society, the object of which is to provide its members with dwelling house, apartments, or lands or construction of dwelling houses or apartments, and maintenance of common services in connection therewith, and includes a federation of such societies.'there cannot be any dispute that the provisions ..... said deceased' was a member of the respondent co-operative housing society, hereinafter referred to as 'the said society', and was allotted a flat in the apartment constructed by the said society. the writ petitioner is the married daughter of the said deceased. during the lifetime of the said deceased, he nominated the petitioner in .....
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT251
..... up mini sewage treatment plants for the disposal of sewage from the flats.this order is not a sanction to start work. before starting the construction, development permit from greater cochin development authority and building permit from kochi corporation should be obtained.'section 410 of the kerala municipality act reads as ..... the building andif additional floors are constructed, their life will become miserable. there is no sufficientwater for the use of the residents. the road leading to the building is a narrow ..... and therefore, some disputes arepending between them and the builder, before the consumer disputes redressal forumand the civil court. recently, the 7th respondent started construction of additionalfloors above the existing building to make it a 19 storeyed building. the petitionerssubmit, there are no sufficient amenities for the existing occupants of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC647; 2007(3)WLN226
..... establish the avs was not a decision of the state government. the avs was basically a training centre for the qualified engineers and was performing the work of construction in various projects awarded by the different institutions. the avs began running in losses and lost its object, hence the state government in its general supervisory capacity ..... men and women from urban and rural areas by training them in the use of low cost building materials and technologies thereby giving an impetus to low cost construction. it is with this object the petitioners came to be appointed in the avs. service regulations of employees were framed and guiding principles for deciding the ..... men and women from urban and rural areas by training them in the use of low-cost building materials and technologies thereby giving an impetus to low-cost construction. the petitioners who are trained in the use of low cost building materials and technologies have been thrown out of employment without any just reason. the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR79
..... (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letterpresses, lithography, photogravure, or other similar process, or bookbinding; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) preserving or storing any article in cold storage;' 9. the whole case of the corporation is ..... the product that it produces. the entire establishment would be a factory and even a clerk would be an employee of that establishment. in works manager, central railway workshop, jhansi v. vishwanath and ors., a.i.r. 1970 supreme court 488, it was held that the persons who were working as time-keepers, prepared ..... a mine subject to the operation of the mines act, 1952(xxxv of 1952) a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place. explanation- for computing the number of workers for the purposes of this clause all the workers in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal324
..... also when the parties reside within its jurisdiction or a part of the cause of action arises there. she has also referred to a decision -- state of maharashtra v. ranjit construction, : air1986bom76 , which lays down that in the absence of any specific stipulation in the agreement the court within the jurisdiction of which part of the cause of action arises, has ..... the allegations and counter-allegations as can be discerned from records, the controversy appears as follows:--the contractor, the opposite party no. 1, could not complete the work of the construction within scheduled time, extension of time was prayed for by him for the execution of the works of the contract. the time was extended from time to time only on .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR352; 1991(1)KarLJ240
..... of lodging houses, camping grounds and rest houses in the city; (27) establishing and maintaining compost plants for disposal of sewage; (28) supplying, constructing and maintaining in accordance with the general system approved by the corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of ..... destruction of stray or ownerless dogs; (13) laying out new public streets; (14) maintaining or aiding schools for pre-primary education; (15) the construction or acquisition and maintenance of cattle pounds; (16) establishing and maintaining a system of public vaccination; (17) the reclamation of unhealthy localities, the removal ..... , treatment and disposal of sewage, offensive matter and rubbish and, the preparation of compost manure from such sewage, offensive matter and rubbish; (4) the construction, maintenance and cleaning of drains and drainage works and of public privies, water closets, urinals and similar conveniences; (5) the lighting of public streets, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; [1982]1SCR187
..... ' within the meaning of the clause.88. in shorab merwanji modi and anr. v. mansata film distributors and anr., the following observations were made:on a strict construction of the calcutta test, the tight or liability must mean some right or liability which is a subject-matter of controversy in the suit or proceeding but in its ..... the winding up would fall within these categories. on the other hand, the expression 'judgment' used in clause 15 is wider. the learned judge therefore rejected a construction which would have meant that the same orders passed by district courts and by a single judge of a high court would be subject to different rules as to ..... content of the expression 'judgment' occurring in clause 15 of the letters patent.... we consider that occasion has not arisen before us either since in view of the construction which we have adopted of section 202 of the indian companies act the scope of the expression 'judgment' in the letters patent does not call for examination or final .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... previous state of the law would be permissible for the purpose of aiding in the construction of a new statute if any provision therein is of doubtful import : bank of england v. vagliano brothers [1891] ac 107 robinson v. canadian pacific railway company [1892] ac 481 and mersey docks v. cameron [1865] 11 hlj 443 ..... understood the scope of the application involving nothing more than determination of the quantum of compensation and for the payment of the same.78. executive construction.--the construction placed by the executive, the rule-making authority on provisions of the act while giving effect to the same by making a rule like rule 514 ..... chapter ii with licensing of drivers of motor vehicles. chapter iii with registration of motor vehicles. chapter iv with control of transport vehicles. chapter v with construction, equipment and maintenance of motor vehicles. chapter vi with control of traffic. chapter viii with insurance of motor vehicles against third party risks. chapter ix with .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1979CriLJ119
..... an enactment (especially general words), and sometimes to depart, not only from their primary and literal meaning, but also from the rules of grammatical construction in cases where it seems highly improbable that the words in their wide primary or grammatical meaning actually express the real intention of the legislature.16. the fear ..... the real meaning of the words. there are certain objects which the legislature is presumed not to intend, and a construction which would lead to any of them is, therefore, to be avoided. it is not infrequently necessary, therefore, to limit the effect of the words contained in ..... corrections of careless language and really give the true meaning.' in the same book at p. 105, the same learned author expressed: 'before adopting any proposed construction of a passage susceptible of more than one meaning, it is important to consider the effects or consequences which would result from it, for they often point out .....
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