Court : Supreme Court of India
Decided on : Jul-19-2007
Reported in : AIR2007SC2682; 2007(9)SCALE297; (2007)10SCC620
..... state of himachal pradesh. on 1.11.1956 'part-c' states were abolished by the constitution (7th amendment) act. accordingly, the erstwhile part-c state became the state of himachal pradesh. on 1.5.1967 the delhi (high court) act, 1966 came into force. the jurisdiction extended over himachal pradesh by carving out delhi and himachal pradesh from ..... impugned judgment is a full bench decision of delhi high court which decided that if order of the learned single judge is in its ordinary original jurisdiction, no letters patent would lie to the division bench of the high court. (see university of delhi v. hafiz mohd. said : air1972delhi102 ). the division bench in the impugned ..... of judicature at lahore has no application in the state of himachal pradesh and hence no appeal either under clause 9 or clause 10 of the said letters patent would lie to this high court. the appeal against the judgment of a single judge of this court exercising ordinary original civil jurisdiction will, however, lie .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-2007
Reported in : (SCSuppl)2008(1)CHN85; JT2007(12)SC86
..... the learned single judge in the judgment under appeal. he will also make a search to find out whether the concerned amendment of the by-laws of the society had been approved by the registrar and whether any document is available in the ..... members of the society. they have been pursuing their cause before the high court. they were impleaded as parties in the letters patent appeal. not only in the capacity of interveners but also as persons aggrieved, they are, therefore, entitled to file petition for ..... the registrar, cooperative societies again having been raised, the division bench of the high court by an order dated 2.9.2005 directed as under:4. having heard the learned counsels of the respective parties on the said report and after considering the ..... arrive at a decision. an order by a statutory authority, therefore, must be passed in terms of the provisions of the act where for the inquiry report must be looked into. the report of a retired judge of the high court, indisputably will carry .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-2007
Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406
..... v. suryanarayana, learned senior counsel appearing on behalf of the respondents in civil appeal no. 916 of 2006, submitted that in section 56 of the br act, several sub-sections were incorporated by amending act no. 23 of 1965 whereby the co-operative societies of three categories, viz., (1) primary co-operative societies; (2) state co-operative societies; ..... any award or order passed, certificate issued or an order in execution proceedings, by the registrar on any claim or application of a co-operative bank, is patently and inherently without jurisdiction, null, void and inoperative.(j) during the pendency of these writ petitions, by virtue of various court orders certain amounts have been ..... to the power of the union list i, entry 45. 27. dr. rajeev dhavan, learned senior advocate, appearing for respondents in civil appeal no. 6069/2005 was requested to assist the court in those matters which were listed on the board on the day when the matters were heard. he contended that both list .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-18-2007
Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962
..... by the state government as chairman of the review committee, the affairs of the review committee are controlled only by the municipality concerned and the board under the amendment act. the municipality essentially is interested in increase in valuation of lands and buildings as it would fetch more income to its coffers. it is unthinkable that although the ..... -affidavits as also other factors relevant for determination thereof at some details. an intra-court appeal was preferred there against in terms of clause 15 of the letters patent appeal of the calcutta high court and by reason of the impugned judgment dated 24.12.2003, the said appeal has been allowed.7. the high court opined ..... them and determine the standard rent on the basis of such material by a process estimation.36. in r.k. kaura v. municipal commr., mcd and ors. (2005) 11 scc 524, this court held:6. it is true that the order of the respondent authorities dated 14-11-1996 records that the appellant had appeared and requested .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-2007
Reported in : (SCSuppl)2007(4)CHN105; JT2007(11)SC284; 2007(11)SCALE129; (2007)10SCC491; 2007AIRSCW7069
..... prepared, individual plots stand earmarked. building control norms apply in the context of an individual plot. sub-division cannot take place until and unless lay out is amended. 4. order of learned single judge was assailed before the division bench. the division bench noted that condition no. 10 reads as follows:the lessee shall ..... if prayer is granted it would amount to a direction to amend the layout plan. it would also have the effect of upsetting development control and planning norms. with reference to delhi development authority act, 1957 (in short the 'act') it was observed that the said act envisaged preparation of a master plan, zonal development plan and ..... , j.1. leave granted.2. challenge in this appeal is to the order passed by the division bench dismissing the letters patent appeal filed by the appellant. the division bench dismissed the letters patent appeal filed against the orders passed by the learned single judge in writ petition (civil) no. 7990/2002 decided on 3. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-30-2007
Reported in : (2008)1GLR779(SC); JT2007(9)SC503; 2007(9)SCALE452
..... in kishansing tomar v. municipal corporation of the city of ahmedabad and ors. . examining the underlying object of inserting part ix-a by the constitution (seventy-fourth) amendment act, 1992 and highlighting effective and meaningful role to be played by local bodies in political governance of the country, k.g. balakrishnan, j. (as his lordship then ..... october, 2002 and reported in (2003) 1 guj lr 633 and confirmed by a division bench of the high court in letters patent appeal no. 1126 of 2002 decided on june 14, 2005. 3. to appreciate the controversy raised in the appeal, few relevant facts may be stated:4. the gujarat pradesh panchayat parishad, appellant ..... single judge, the appellants herein approached the division bench by filing intra court appeal (letters patent appeal) under clause 15 of the letters patent. the division bench of the high court again considered the relevant provisions of the act as also of the constitution and observed that it was in agreement with the view taken .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-2007
Reported in : AIR2007SC2320; 2007(4)ALLMR(SC)749; 2007(3)BomCR673; [2007(114)FLR155]; (2007)IILLJ825SC; 2007(4)MhLj506; 2007(5)SCALE57; (2007)4SCC685; 2007AIRSCW4020; JT2007(4)SC572; 2007(3)KCCRSN178(SC).;
..... april, 1947. the term 'appropriate government' was defined in section 2(a). however, sub-clause (i) of clause (a) came to be amended in the year 1949 by the amendment act 54 of 1949, whereby in relation to any industrial dispute concerning a 'banking company' or insurance company, the central government was declared to be the ..... purpose of deciding which is the 'appropriate government' the expression 'banking company' will have to be read, as it existed in br act of 1949 and that the subsequent amendments made vide banking regulation act, 1965 had to be ignored. being aggrieved, the bank is before us by special leave.7. we have heard mr. jamshed cama ..... aggrieved, the bank filed a letters patent appeal before the division bench. inter-alia, observing that section 2(bb) of the id act is an instance of legislation by incorporation and not legislation by reference and, therefore, the amendments made in the br act after 1949 cannot be read into the id act, division bench came to the conclusion .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-12-2007
Reported in : AIR2008SC225; 2008(1)AWC1069(SC); (2008)1CALLT10(SC); 2008(1)CTC161; JT2007(12)SC367; (2008)1MLJ1268(SC); 2007AIRSCW6632
..... in the 3rd line after the word 'khatian numbers' following khatian number shall be inserted '80,310,83'.8. an objection was filed to the said application for amendment by the appellant, inter alia, contending:whereas after decree in the suit, plaintiff filed an application under section 151 of cpc stating that the plaintiff claimed title on ..... a witness. he did not prefer any appeal against the said judgment and decree. the said decree indisputably has been affirmed upto this court. 6. an application for amendment of the plaint as also of the decree containing the schedule describing the said property was, however, filed on 27.6.2000, inter alia, stating:that both parties ..... behind the said provision is actus curiae nemesis gravabit, i.e., nobody shall be prejudiced by an act of court. 19. code of civil procedure recognises the inherent power of the court. it is not only confined to the amendment of the judgment or decree as envisaged under section 152 of the code but also inherent power in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-09-2007
Reported in : (2007)109BOMLR1348; 2007BusLR58(SC); (2007)5CompLJ21(SC); (2007)210CTR(SC)419; [2007]292ITR416(SC); JT2007(9)SC1; 2007(9)SCALE1; (2007)7SCC1;
..... to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents, know-how or other rights, or by way of commission or other charges for specific services performed or for management, or except in the case of banking enterprise ..... equity and fixed income research, account reconciliation and providing it enabled services such as back office operation, data processing and support center to msco.4. on 19.5.2005 msco (applicant) filed its advance ruling application in form 34-c inviting its advance ruling on the points enumerated hereinbelow. the basic question relating to the transaction ..... sections 92 to 92e of the i.t. act contains transfer pricing provisions in the i.t. act with effect from the financial year commencing from 1.4.2001. with the enactment of the said sections the rules for the interpretation and implementation of the said provisions were also amended so as to include rules 10a to 10e in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-2007
Reported in : 2007(119)ECC326; 2007LC326(SC); 2007(213)ELT4(SC); 2007(8)SCALE151; (2007)5SCC371; 2007(2)LC834(SC)
..... do not lay down any provision for determination of the value on the basis as to whether the parties are related or not.17. the customs act, 1962 (for short, 'the act') was enacted to consolidate and amend the law relating to customs. the terms 'goods' and 'import' have been defined in section 2(22) and section 2(23) respectively in the following ..... fact that royalty is paid to the supplier on locally manufactured products, makes it clear that the manufacture of such products is dependent upon the technical know-how/ technology/ license/ patent available with the supplier which may be transferred either in the collaboration agreement or which may be inherent in the goods supplied. otherwise, there is no rationale for payment of ..... s.b. sinha, j.1. leave granted. 2. this appeal is directed against a final order dated 07.12.2005 passed by the customs, excise and service tax appellate tribunal (for short, 'the cestat') passed in appeal nos. c/231/04 and c/949/04 whereby and whereunder the appeal .....
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