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-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 : 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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-2007
Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443
..... who holds or has held the office of professor in accountancy, finance or business management in any university or deemed university;(g) the chairman of the central board of direct taxes constituted under the central boards of revenue act, 1963 or his nominee;(h) two members to represent the chambers of commerce and industry to be ..... gol (retired) and ors. : [1982]3scr332 maharashtra state board of sec. and high. sec. education and anr. etc. v. paritosh bhupeshkumar sheth and ors. etc. : [1985]1scr29 state of gujarat and anr. etc. v. patel ramjibhai danabhai and ors. etc. : [1979]3scr788 44. in view of the aforestated submissions learned counsel submitted that as 22 ..... 'accounting for taxes on income' insofar as it relates to deferred taxation is inconsistent with and ultra vires the provisions of the companies act, 1956 (the companies act), the income-tax act, 1961 (i.t. act) and the constitution of india?2. m/s. j.k. industries ltd. is a public limited company. it was incorporated in 1951 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-25-2007
Reported in : 2007(6)ALT39; 2008(1)AWC318(SC); 2007(5)CTC460; II(2007)DMC755SC; JT2007(12)SC424; (2008)1SCC180
..... (registration) rules, 1969 have come into force w.e.f. 7th april, 1969. all sub-registrars of pondicherry have been appointed under section 6 of the indian registration act, 1908 (in short the 'registration act') as marriage registrars for the purposes of registering marriages. in the state of haryana, the haryana hindu marriage ..... of marriage is compulsory under the indian christian marriage act, 1872. under the said act, entries are made in the marriage register of the concerned church soon after the marriage ceremony along with the signatures of bride and ..... a policy providing for compulsory registration of marriages by the panchayats and maintenance of its records relating to births and deaths. under the special marriage act, 1954 which applies to indian citizens irrespective of religion each marriage is registered by the marriage officer specially appointed for the purpose. the registration .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2007
Reported in : 2008(1)AWC331(SC); [2008(116)FLR1172]; JT2007(12)SC179; (2008)ILLJ1021SC; 2008(1)SLJ314(SC); 2007AIRSCW6904
..... supra) is being applied by courts mechanically as if it were a euclid's formula without seeing the facts of a particular case. as observed by this court in bhavnagar university (supra) and bharat petroleum corporation ltd. (supra), a little difference in facts or even one additional fact may make a lot of difference in the precedential value of a ..... and the law which it has laid down, in our opinion, is of general application.19. in the present case many of the writ petitioners have been working from 1985 i.e. they have put in about 22 years service and it will surely not be reasonable if their claim for regularization is denied even after such a long ..... . union of india and anr. : [1978]2scr621 has held that reasonableness and non-arbitrariness is part of article 14 of the constitution. it follows that the government must act in a reasonable and non-arbitrary manner otherwise article 14 of the constitution would be violated. maneka gandhi's case (supra) is a decision of a seven-judge bench, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-2007
Reported in : AIR2008SC30; [2007(115)FLR417]; (2008)ILLJ890SC; 2007(11)SCALE361; (2007)8SCC171; 2008(2)SLJ194(SC)
..... rules, 1991.xx xx xx xx2(b) 'public corporation' means a body corporate established or constituted by or under any uttar pradesh act expect a university of local authority constituted for the purpose of local self government and includes a government company within the meaning of section 617 of the companies ..... of a trading corporation are (1) charter companies, (2) companies incorporated by special acts of parliament, (3) companies registered under the companies act, etc. non-trading corporations are illustrated by (1) municipal corporations, (2) district boards, (3) benevolent institutions, (4) universities etc. an essential element in the legal conception of a corporation is that its ..... act, 1956 in which the state government has preponderant interest.2(c) 'retrenched employees' means a person who was appointed on a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-2007
Reported in : JT2007(12)SC70; (2008)2MLJ484(SC); 2007AIRSCW6899
..... below:a) source of recruitment: i) by promotion -50%ii) by directrecruitment fromopen market -50%.b) qualifications/ i) for direct recruitmenteligibility graduate of arecognised university. preference will begiven to agri/commerce/economics graduates.ii) for promotionfive years service asfield supervisor.6. to the same effect, the appellant bank also issued a circular ..... meantime, the promotees had filed a writ petition before the high court of judicature at allahabad which was marked as civil misc. writ petition no.5829/1985, inter alia, questioning the recruitment process undertaken by the direct recruits wherein an interim order dated 14.5.2005 was passed directing the respondent not to ..... interview. the said writ petition was filed on the premise that as the quota meant for the promotees was 33 1/3%, the appellant bank acted arbitrarily in not making appointments on the basis of the select list prepared therefore.12. appellant in his counter affidavit as also in the supplementary counter .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2007
Reported in : [2007(115)FLR353]; 2007(11)SCALE5; (2007)8SCC593; 2008(1)SLJ381(SC); 2007AIRSCW5706; JT2007(11)SC549
..... determining pensionary benefits:(a) in the absence of a specific order of the appointing authority to the contrary, an interruption between two spells of service rendered by a university employee, shall be treated as automatically condoned, and pre-interruption service treated as qualifying service;(b) nothing in clause (a) shall apply to interruption caused by ..... once exercised will be final.(d) where no terminal/retirement benefits have been received, previous service will be counted as qualifying service for retirement benefits under the university rules only if the previous employer accepts the pension liability for the service in accordance with the principles laid down in this clause. in no case pension ..... provisions of statute 61(6)(iv) (b) and (c) should be treated as mandatory as it is a private party who has to do a particular act within a specified time. 11. the problem can be looked from another angle. if the view taken by the high court that the provision is directory is accepted .....
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