Court : Supreme Court of India
..... though we would have ordinarily not liked to disclose the pleaded financial position of the 4 parties herein, yet noting that this court has to quantify the permanent alimony, it is deemed appropriate to summarise their financial status hereinbelow: petitioner-wife: bank a/c balance rs.20,712/- monthly expenses rs.25,000/- no assets (only mangal sutra & engagement ring) no income. ..... further, it was noted that learned counsel for the parties had left it to this court to fix the permanent alimony on the basis of materials placed on record. .....
Tag this Judgment!Court : Supreme Court of India
..... ought to be considered by the authorities while encoding the rules for the migration to the pay matrix system.27 it may be noted that the commission has submitted a corrigendum to its report in march 2021 which has removed certain arithmetical mistakes from the fitment ..... while accepting this recommendation for fitment/migration as amended by the corrigendum dated march 2021, it is also noted that the examples must form part of the relevant rules that are required to be encoded by the high courts, the ..... as regards the relaxed norms which could apply for the 1st acp, it is noted that the snjpc has recommended that the scrutiny for the grant of first acp will be limited to ascertaining whether there is anything positively adverse such as there is any poor/unsatisfactory performance or ..... service rules, 2008 envisages an additional method for promotion for civil judges (jr div) by conducting a separate limited competitive examination for them to be promoted to the position of civil judges (sr div).32 it may be noted that there is no rule for the participation of civil judge (jr. ..... this court in all india judges association (ii)8 has noted the position of law and observed that uniform designations and hierarchy, with uniform service conditions ..... this court has previously noted that theoretically, allowing the executive to decide the pay of the judiciary may lead to unintended consequences.10 therefore, to secure true independence of the judiciary, this court has recognized that the pay of .....
Tag this Judgment!Court : Supreme Court of India
..... dmrc,14 wherein dmrc nominated a five- member panel comprising names of employees of railways, central public works department or public sector undertakings and the court upheld the nomination inter alia noting that empaneling of such retired persons was intended to utilise their technical expertise.15 in central organisation of railway electrifications (supra) this court relied on the aforementioned judgment to state that: 27. ... ..... further, the court noted that, absolutely, there is no bar under section 12(5) of the arbitration and conciliation (amendment) act, 2015 for appointment of a retired employee page 13 of 16 to act as an arbitrator 13. ..... see the marginal notes to articles 309, 310 and 311. ..... it is important to note that article 299 does not lay down the substantial law relating to the contractual liability of the government, which is to be found in the general laws of the land. .....
Tag this Judgment!Court : Supreme Court of India
..... applications against the judgement dated 07.10.2005, which the high court dismissed vide the impugned judgement dated 05.08.2006 in civil appeal no 4983 of 2009 wherein it was noted that no ground for review was made out by the appellants and the observations of the order dated 07.10.2005 were reiterated. ..... john vaughn was deemed to have been granted status as an occupancy tenant under the 1939 act, it should be noted that his status as an occupancy tenant cannot be transferred to the predecessor of respondents in light of section 33 of the 1939 act ..... in the impugned judgement 07.05.2005, which arose from the expunction order proceedings, the high court noted the respondents are the recorded bhumidhar of the land in question which is evident from the khatauni ..... afterwards, on 16.08.1983, the commissioner, kumaon dismissed the revision pending against the expunction order noting that the same was not maintainable in view of the fact that no provision provided for revision of an order passed under the government grants act of 1895 as applicable to the then ..... on behalf of respondents which is taken for the first time at this stage is allowed, we must note that the tenor of the sale deed completely contradicts the said modified stance. ..... (hereinafter, three member bench s order ) held that single member s order was without any jurisdiction as no power for revision existed under the land revenue laws and also noted that the expunction order was passed under the government grants act of 1895. .....
Tag this Judgment!Court : Supreme Court of India
..... by the revenue and sustained the order of the assessing officer relating to addition on account of short supply of bitumen for the assessment year 1996-1997, whereas, for the assessment year 1995-1996, taking note of the order of the commissioner appeals, passed under section 154 of the act, by which, the matter stood remitted back, the appeal of the revenue and the appeal of the appellant, challenging the ..... it is, at once, noticed: it is also seen that although my learned predecessor on page 4 of the appellate order has noted that "the assistant commissioner of income tax also stated that only those junior engineers had accepted that they had received the bitumen in which cases the executive engineer of the division ..... . pichaimanickan chettiar reported in 1984 (147) itr251 in the said 11 (1998) 232 itr83738 case, it is noted that section 69a of the act was invoked after finding the assessee and one ameen were found to be in possession of gold at railway station and were convicted under section 135(b)(ii) ..... by an assessment order dated 27.03.1998 being passed, the assessing officer, taking note of the scam, issued show-cause notice dated 23.01.1998, alleging that the appellant had lifted 14507.81 metric tonnes of bitumen but delivered only ..... was pointed out in review though it is taken note of, the high court has failed to rectify the fallacy ..... in fact, it is pointed out that the high court notes in the order dated 05.03.2009, as if the appeal was filed by the appellant against the .....
Tag this Judgment!Court : Supreme Court of India
..... having regard to the nature and extent of controversy raised, a decision on these appeals should not have necessitated noting the facts triggering the appeals and the rival contentions advanced across the bar in any great depth; however, since the parties have addressed us at length, we propose to briefly narrate the essential facts and ..... siemens public communications network ltd11, this court had noted that despite the vast powers it had to directly entertain an appeal, litigants should not be encouraged to bypass other available remedies in the potential hope of a more efficacious remedy. h. ..... . in the latter decision, it has been noted that rules 97 to 103 of order xxi provide the sole remedy both to parties to a suit as well as to a stranger to the decree put to execution.18 .....
Tag this Judgment!Court : Supreme Court of India
..... motors, jodhpur, (2010) 29 vst114 the learned single judge of the rajasthan high court considered the controversy under the 94 provisions of the rajasthan sales tax act, 1994 in the context of a dealer of automobiles receiving credit notes issued by the manufacturer for replacement of defective parts of the automobiles, supplied by the dealer under a warranty agreement between the manufacturer and the ultimate customers to whom vehicles were sold by the dealer (assessee). ..... where there is transfer of property by the dealer to the customer while acting under a warranty and the dealer being paid by the manufacturer, when viewed in the aforesaid prism, the credit note shown in the account of the dealer is a valuable consideration pursuant to the sale that has taken place of a spare part from his stock. ..... as the respective state enactments under consideration which is of a wider connotation than the definition of sale under the sale of goods act, we hold that the amount shown in the account of the dealer in the form of a credit note is nothing but a price received for a sale of a spare part by the dealer which is 90 from his stock and which belongs to him. ..... , tata motors, who after receiving the parts or the entire vehicle and satisfying themselves about it being defective, issues credit notes, thereby crediting the running account of the dealer which is maintained for sale transactions, at the price at which the good was initially sold to the dealer. v. .....
Tag this Judgment!Court : Supreme Court of India
..... however, having regard to the serious ramifications with which the delinquent employee may be visited at the end of the inquiry, any discordant note or unreasonable deviation from the settled procedures required to be followed, would however strike at the core of the principles of natural justice, notwithstanding the final ..... referring to the report, she stated that it shows that the committee had taken note of the detailed reply submitted by the appellant on 25th april, 2009 and had dealt with the same ..... be carried out in the ccs(cca) rules and the standing orders as also the establishment and composition of the complaints 66 (2013) 1 scc31267 (2013) 1 scc297page 34 of 59 civil appeal no.2482 of 2014 committees, the court noted with great dismay that several state governments had failed to make compliances. ..... on 17th january, 2006, in the very same case of medha kotwal lele66, noting that there was no information available regarding implementation of the directions issued in vishaka s case (supra), this court issued the following ..... in its letter dated 20th may, 2009, the committee noted that though the appellant had failed to appear before it on 19th may, 2009 for recording his further deposition, he was being granted one last opportunity to present himself on 23rd may, 2009, ..... union territories which have not carried out amendments in the industrial employment (standing orders) rules shall now carry out amendments on the same lines, as noted above in para 44.1 within two months. 44.3. .....
Tag this Judgment!Court : Supreme Court of India
..... and order passed by the high court quashing and setting aside the award and the order passed by the additional district judge under section 34 of the arbitration act are concerned, it is required to be noted that in an appeal under section 37 of the arbitration act, the high court has entered into the merits of the claim, which is not permissible in exercise of powers under section 37 of the arbitration act.9 ..... application of the state for appointment of expert under section 26 of the arbitration act had not been decided by the arbitral tribunal, learned senior counsel has submitted that the high court had noted in paragraphs 51 and 52 of the impugned judgment that the prayer seeking appointment of expert was deleted by the state itself ..... for illustration, reproduce paragraph 49 of the order of the commercial court where, in relation to the issue of variable charges, after taking note of all the factual aspects and contentions of the parties, the commercial court held as under: - 49 ..... in regard to the aforesaid procedural aspects of the matter, the high court has cautiously taken note of the record of proceedings and has proceeded only within the confines of its jurisdiction to ..... . having regard to the contentions urged and the issues raised, it shall also be apposite to take note of the principles enunciated by this court in some of the relevant decisions cited by the parties on the scope of challenge to an arbitral award under section 34 and the scope of appeal under section 37 of the act .....
Tag this Judgment!Court : Supreme Court of India
..... having given serious and thoughtful consideration to the matter, we must first take note of certain crucial aspects that practically clinch the issue. ..... as regards the first issue, the high court noted that the validity of the tamil nadu acquisition of land for harijan welfare schemes act, 1978, was upheld by the supreme court in state of tamil nadu and others vs ..... mohan rao (supra), this court had noted that the letter dated 25.07.2019 written by the state of tamil nadu, for obtaining the assent of the president of india for the validation act of 2019, specifically emphasized that the three state acts were ..... the high court also noted that the first bill was returned by the president pointing out some defects and it was only after the same were cured that the presidential assent was given ..... in that regard, we may note that the original owners of the subject lands raised their objections in response to the public notice issued under section 3(2) in the year 2007, but chose to sell their lands in 2012 and ..... in this context, it may be noted that, in paragraph 74 in g ..... it may be noted that, after publication of the notice under section 3(1), the appellants are stated to have filed writ petitions before the madras high court in which orders of status quo were ..... it was noted that article 254(2) of the constitution would not apply to a law already made by a state which becomes repugnant as a result of a new enactment made by the parliament and it would not offer protection to laws made by the .....
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