Court : Supreme Court of India
Decided on : May-15-2007
Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;
..... entered into by and between the two nations on 1st november, 1954, the entire administration of french settlement vested in the government of india. the territory of pondicherry, thus, became a free port without any restriction in case of most imports. however, by reason of a notification dated 30th october, 1954, the importers in ..... in its own language. proviso, as is well known, has four functions, as has been noticed by this court in s. sundaram pillai v. v.r. pattabiraman : [1985]2scr643 in the following terms:43. (1) qualifying or excepting certain provisions from the main enactment;(2) it may entirely change the very concept of the intendment of the enactment ..... whereas sub-section (1) of section 20 of the 2003 act contains a similar provision as section 6 of the general clauses act, clauses (a) and (b) of sub-section (1) of section 20 of the 2003 act are clearly attracted. reliance in this behalf has been placed on universal imports agency and anr. v. the chief controller of imports .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-2007
Reported in : 2008AIRSCW762; AIR2008SC1343; 2008(2)CTLJ508(SC); 146(2008)DLT609(SC); 2007(14)SCALE507; (2008)2SCC672; 2008(1)LH(SC)583
..... any statutory provision cannot apply a decision with retrospective effect, the same would be ultra vires. 75. in vice chancellor, m.d. university, rohtak v. jahan singh : (2007)5scc77 , this court observed:the act does not confer any power on the executive council to make a regulation with retrospective effect. the purported regulations, thus, could not have ..... was preferred by the dda before this court. this court in the said appeal titled as dda v. sfs assn. and ors. [civil appeal no. 4402 of 1985] rejected the contention of the dda that under the terms of the brochure related to the said scheme it was empowered to recover from the registrants an additional amount ..... and reaffirmed in dda v. ashok kumar behl : [2002]supp1scr622 .(vii) the present case was different from the case of p.n. verma v. union of india air 1985 (del) 417 submissions of the learned counsel on behalf of the registrants :25. mr. rungta, mr. maninder singh and mr. shekhar, learned counsel, submitted:(i) having regard .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-2007
Reported in : JT2008(1)SC1; 2008(1)KLJ590; 2007(14)SCALE428; 2008(1)Crimes31; 2007(8)Crimes375; 2008AIRSCW33; 2008CriLJ808; 2008(1)AICLR457; 2008(1)LH(SC)29; 2008(3)KCCRSN228.
..... us in extenso. it must nonetheless be emphasized that whether a chain is complete or not would depend on the facts of each case emanating from the evidence and no universal yardstick should ever be attempted. it is in this background that we must examine the circumstances in the present case.13. a few facts stand out from the prosecution story ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 12. mr. goburdhan has also cited mahmood v. state of u.p. : 1976crilj10 , shankarlal gyarasilal dixit v. state of maharashtra : 1981crilj325 , sharad birdhichand .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2007
Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237
..... excise on all excisable goods which are produced or manufactured in india as, and at the rates, set forth in the schedule to the central excise tariff act, 1985. 13. matter inadvertently missed in quoted extracts is supplied. for example, incorporation of matter missing in quotations from cases. raw text obtained from registry: scc ..... , the defendant company brought out a publication containing a number of the examination papers, including three which had been set by two examiners appointed by the university. the plaintiff company brought a case of copyright infringement against the defendant company. it was argued that since the setting of the papers entailed the exercise ..... raw material did not possess and which differentiates the product from the raw material. the court approved the principles enunciated in the case of university of london press, ltd. v. university tutorial press, ltd., [1916] 2 ch. 601, dealing with the meaning of the words `original literary work that the original does .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2007
Reported in : 2008(221)ELT7(SC); 2007(14)SCALE150; 2007(8)Supreme451; 2008AI6RSCW151; 2008(4)KCCRSN245
..... follows:mr. rana mukherjee, the learned counsel for the appellants submits that in view of section 22 of the sick industrial companies (special provisions) act, 1985 (for short 'the sick industries act'), the appellant need not deposit the amount, as ordered by the tribunal, as protection is available to the appellant under the said provision. we ..... matter unmindful of the consequences flowing from the order requiring the assessee to deposit full or part of the demand. there can be no rule of universal application in such matters and the order has to be passed keeping in view the factual scenario involved. merely because this court has indicated the principles ..... succinctly in silliguri municipality and ors. v. amalendu das and ors. : [1984]146itr624(sc) , samarias trading co. pvt. ltd. v. s. samuel and ors. : [1985]2scr24 and assistant collector of central excise v. dunlop india ltd. : 1985ecr4(sc) .12. it is true that on merely establishing a prima facie case, interim order of protection .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-10-2007
Reported in : [2008(116)FLR366]; (2008)ILLJ864SC; 2008(3)MhLj49; 2007(14)SCALE34; (2008)2SCC366; 2008AIRSCW306; 2008-I-LLJ-864; 2008(1)LH(SC)247; 2008(2)KCCRSN136
..... scope of adjudication was limited to quantum of back wages. 6. it may be noted that so far as delay in seeking the reference is concerned, no formula of universal application can be laid down. it would depend on facts of each individual case. 7. however, certain observations made by this court need to be noted. in nedungadi ..... 7 to 9 years in raising the dispute before the tribunal but we find the high court factually not correct. the employment of the appellants was terminated some time in 1985-86 or 1986- 87. pursuant to the judgment in daily rated casual labour v. union of india : (1988)illj370sc the department was formulating a scheme to accommodate ..... the outcome thereof. on 16-1-1990 they were refused to be accommodated in the scheme. on 28-12-1990 they initiated the proceedings under the industrial disputes act followed by conciliation proceedings and then the dispute was referred to the industrial tribunal-cum- labour court. we do not think that the appellants deserve to be non- .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-06-2007
Reported in : 2008(1)Supreme17; AIR2008SC663; 146(2008)DLT347(SC); (2008)3SCC1; 2008(3)KCCRSN174; ILR2008(1)Kar697; 2008(1)LH(SC)70; 2007AIRSCW7772; AIR2008SC663; 2008(3)SCC1; 2008(1)Supreme17; 2008(1)LH(SC)70; ILR2008(1)Kar697; 2008(3)KCCRSN174
..... leave. the court while upholding the right of the female workers to get maternity leave relied upon the doctrine of social justice as embodied in universal declaration of human rights act, 1948 and article 11 of the convention on the elimination of all forms of discrimination against women held that the provisions of the same must ..... this inquiry gives the doctrine an objective orientation and therefore prevents it from falling foul of due process challenge. (see city of cleburne v. cleburne living center (1985) 473 u.s. 432 parens patriae power is subject to constitutional challenge on the ground of right to privacy also. young men and women know what would be ..... following text from 'habits of the heart: individualism and commitment in american life' by r. bellah, r. madsen, w. sullivan, a. swidler and s. tipton, 1985, page 286 which suggests factoring in of such social changes. the transformation of our culture and our society would have to happen at a number of levels. if it occurred .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2007
Reported in : 2008(1)KarLJ62; (2008)ILLJ894SC; 2007(3)SCALE575; 2007AIRSCW7669; 2008–I-LLJ-894; 2008LabIC474; 2007(8)Supreme675; 2008(2)KLJ62; 2008(1)AIRKarR330
..... of the said circular. in case of appellant no. 1 the power is exercisable by the government of india under section 18 of the state bank of india act, 1985 and not the nabard act. it is submitted that the appellants' stand that the post of 'cashier in charge' of cash has become redundant in the sponsor bank has been contested by ..... not already done. there shall be no order as to costs.10. it may be noted that so far as delay in seeking the reference is concerned, no formula of universal application can be laid down. it would depend on facts of each individual case. 11. however, certain observations made by this court need to be noted. in nedungadi bank ..... of 7 to 9 years in raising the dispute before the tribunal but we find the high court factually not correct. the employment of the appellants was terminated sometime in 1985-86 or 1986-87. pursuant to the judgment in daily rated casual employees under p&t; department v. union of india (supra) , the department was formulating a scheme to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2007
Reported in : AIR2008SC946; 2008(2)ALLMR(SC)314; 2008(3)BomCR758; (2008)IILLJ501SC; (2008)1MLJ137(SC); 2007(3)SCALE525; (2008)1SCC494; 2008AIRSCW438; 2008LABIC760; 2007(8)Supreme657; 2008-II-LLJ-501; 2008(1)KCCRSN17
..... been said a long time ago that a case is only an authority for what it actually decides, and not what logically follows from it.17. in bhavnagar university v. palitana sugar mills pvt. ltd. : air2003sc511 (vide paragraph 59), this court observed:it is well settled that a little difference in facts or additional ..... vrs. in these circumstances, the respondent-company was constrained to file an application seeking permission for closure under section 25o of the industrial disputes act (hereinafter in short 'the act') vide application dated 13.2.2007.6. before the aforesaid application under section 25o could be decided, the respondent-company received a letter dated ..... judicial proceedings under in any other act, some of the general principles in the cpc may be applicable. for instance, even if section 11 of the cpc does not in terms strictly apply because both the proceedings may not be suits, the general principle of res judicata may apply vide pondicherry khadi & village industries board v .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-2007
Reported in : AIR2008SC451; 2008(2)ALLMR(SC)350; 2008(1)BomCR30; [2008]141CompCas428(SC); (2008)1SCC533; [2007]80SCL435(SC); 2007AIRSCW7240; AIR2008SC451; 2008(1)SCC533; 2008(1)LH(SC)731
..... board for industrial and financial reconstruction (bifr) and was declared a sick company by the bifr under the provisions of the sick industrial companies (special provisions) act, 1985, (sica), and the company is still under the said board.6. taking advantage of the aforesaid position, the second appellant contended before the single judge ..... submissions by urging that both the learned single judge and the division bench of the bombay high court had misconstrued the provisions of section 22 of the 1985 act, as amended, in holding that the amended provisions granting protection to guarantors in suits for enforcement, could not be stretched to include proceedings for enforcement ..... way of proceedings, and, accordingly, a proceeding for recovery of money against a guarantor would stand outside the protection afforded under section 22(1) of the 1985 act.18. it was urged that in the instant case, a situation similar to that in kailash nath agrawalas case had arisen, since the proceeding had been .....
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