Court : Supreme Court of India
..... vis the more general statute, namely, the commercial courts act, being left to operate in spheres other than arbitration.163. in silpi industries v. kerala state road transport corporation,153 the issue before this court was whether a counter-claim was maintainable in arbitration proceedings initiated under section 18(3) of the micro, small and 153 ..... previously observed that before reviewing and revising its earlier decision, the court must satisfy itself whether it is necessary to do so in the interest of public good or for any other compelling reason, and the court must endeavour to maintain certainty and continuity in the interpretation of the law in the country.16 on ..... whatever their innermost state of mind, have to all outward appearances, agreed with sufficient certainty in the same terms of the subject matter, then the contract is good unless and until it is set aside for failure of some condition on which the existence of contract depends, or for fraud, or on some other equitable .....
Tag this Judgment!Court : Kerala
..... used in chapter vii of the act are clearly distinguishable contextually. in this regard, the learned counsel has placed reliance on g. muthu v. tamil nadu state transport corporation (madurai) ltd.1, a judgment rendered by a learned division bench of the hon'ble high court of 1 (2006) 4 mlj1669wpc1143814 6 madras. the ..... .ibrahim smt.k.p.ambika smt.a.a.shibi sri.g.kiran respondents:1. kerala state road transport corporation transport bhavan, thiruvananthapuram rep. by its managing director. pin-695 001.2. the district transport officer/assistant transport officer, kerala state road transport corporation, muvattupuzha, pin-686 661. by advs. sri.m.g.k.nambiar dr.thushara james this ..... under section 2 of the act have absolute bearing while interpreting chapter vi of the act. proceeding further, we may have to examine whether the same holds good for interpreting the provisions under chapter viii, especially section 47.31. in anil kumar mahajan v. union of india6, the hon'ble supreme court has .....
Tag this Judgment!Court : Karnataka
..... for the land owners by adopting a scientific method for calculation of market value coupled with a comprehensive rehabilitation and resettlement package for land owners including subsistence allowance, jobs, houses, transportation allowance and resettlement allowance etc. this is evident from the many laudable objects contained in the statement of objects and reasons to the new land acquisition act. if such benefit ..... and resettlement package for land owners including subsistence allowance, jobs, house one acre of land in cases of irrigation projects, transportation allowance and resettlement allowance is proposed.15. comprehensive rehabilitation and resettlement package for livelihood losers including subsistence allowance, jobs, house, transportation allowance and resettlement allowance is proposed.16. special provisions for scheduled castes and the scheduled tribes have been envisaged by .....
Tag this Judgment!Court : Karnataka
..... assuming that the state power of taxation extends to such transactions. also, in mmtc of india limited, it has been held that delivering goods at a port within the state to a foreign buyer for transportation out of india under a pre-existing contract does not amount to resale in the state rather, it would be a sale in the ..... course of export of goods, by the hon'ble supreme court while considering section 5 and section 2(g) of orissa sales tax act, 1947. ( ..... and fee is available to the state so long as it does not interfere with the regulation-the power assumed and occupied by the union. reference was made to automobile transport (rajasthan) ltd. vs. state of rajasthan [air 1962 sc 1406], which arose in the context of state imposing regulatory restrictions on free trade, commerce and intercourse guaranteed under .....
Tag this Judgment!Court : Karnataka
..... resettlement package for land owners including subsistence allowance, jobs, house, one acre of land in cases of irrigation projects, transportation allowance and resettlement allowance is proposed.15. comprehensive rehabilitation and resettlement package for livelihood losers including subsistence 114 allowance, jobs, house, transportation allowance and resettlement allowance is proposed. 1 6. special provisions for scheduled castes and the scheduled tribes have been envisaged .....
Tag this Judgment!Court : Karnataka
..... nazir ahmed vs. king emperor [(1936) l.r. 63 i.a. 372].. the hon ble apex court too, has adopted this maxim [vide: parbhani transport co-operative society ltd. vs. the regional transport authority, aurangabad & others [(1960) (3) s.c.r. 177: air1960sc801. this rule says that an expressly laid down a mode of doing something ..... authority concerned.178. moreover, if discretionary power has been exercised for an unauthorized purpose, it would not be really material whether the exercise of power was in good faith or in bad faith. padfield vs. minister of agriculture & fisheries [(1968)1 all er694 is a locus classicus on the concept of improper purpose in ..... are not abused and/or exercised in frustration or derogation of the constitution or the relevant statutes. these are all matters of public interest. thus, constitutional and good governance is a matter of public interest, vide vineet narain vs. union of india. also, ventilation of grievances related to quality of governance are also facets of .....
Tag this Judgment!Court : Karnataka
..... party or is known by him either actually or constructively. the said expression cannot be construed in a literal or mechanical way.41. reference could also be made to transport commissioner vs. nand singh, [(1979) 4 scc19, wherein a similar question in the context of filing of an appeal under section 15 of the u.p. ..... have more of cruelty than justice in them, (2) that a defendant might have lost the evidence to disprove a stale claim, and (3) that persons with good causes of actions should pursue them with reasonable diligence. an unlimited limitation would lead to a sense of insecurity and uncertainty, and therefore, limitation prevents disturbance or deprivation ..... whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court -: -"which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (3) notwithstanding anything contained in .....
Tag this Judgment!Court : Guwahati
..... to meet the governor and the chief minister initiated the discussion, all of a sudden few ministers more particularly the education minister sri tapang taloh and transport minister without any provocation started abusing the governor forcing his security personnel to interfere. there was infact an attempt to assault the governor to force him ..... and disparaging strictures passed by them, against any person may be mistaken or unjustified, and in such an eventuality, they do more harm and mischief, than good, therefore resulting in injustice. thus, the courts should not make any undeserving or derogatory remarks against any person, unless the same are necessary for the purpose ..... is at its apex, though only symbolically, and has a different rapport with the people and parties alike, being above politics. his vigilant presence makes for good governance if only he uses, what bagehot described as, the right to be consulted, to warn and to encourage . 34. whenever the constitution intends to confer .....
Tag this Judgment!Court : US Supreme Court
..... of containers can occur when the contents are damaged by rough handling, seepage, or theft, at some unknown point. see h. kindred & m. brooks, multimodal transport rules 143 (1997). indeed, adopting the court of appeals approach would seem to require rail carriers to open containers at the port to check if damage has ..... ninth circuit s interpretation, there might be no venue in which to sue the receiving carrier. that interpretation would also undermine cogsa and international, container-based multimodal transport: cogsa s liability and venue rules would apply when cargo is damaged at sea and carmack s rules almost always would apply when the damage occurs on ..... lading. the initial carrier in that instance receives the property at the shipment s point of origin for overseas multimodal import transport, not for domestic rail transport. (today s decision need not address the instance where goods are received at a point in the united states for export. nor is it necessary to decide if carmack .....
Tag this Judgment!Court : Delhi
..... of the petitioner that for handling multimodal cargo, international maritime dangerous goods code (imdg) is operational since 01.01.2004. the code, referred to above, operates under solas convention, 1977 (safety for life at sea convention). the imdg code lays down the procedure for the multimodal transport and handling of hazardous cargo. all ..... been issued for minimizing the chances of mishap and losses. the guidelines are all comprehensive and take into account the precautions for storage and transportation of hazardous goods, cargo at different levels. emergency response instructions have also been issued and an awareness programme is also in the offing.45. it has ..... learned magistrate did not at all advert crl.rev.p.349/2017 page 15 of 20 to the facts that the storage, shipment and the transportation of the hazardous goods were subject to various regulations and the compliances to such regulations are mandatorily enforced; (v) the learned magistrate, without realizing that the icd, .....
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