Court : Andhra Pradesh
Reported in : 2008(1)ALT225
..... grounds, which render the action of the bank/financial institutions illegal can be raised in the proceedings under section 17 of the act before the debt recovery tribunal.learned additional solicitor general and the learned counsel appearing for banks and financial institutions fairly stated that all the objections which can be ..... framed thereunder. it is open to the borrower/guarantor/ mortgagor to demonstrate before the debt recovery tribunal that resort to section 13 of the act is not permissible by law. in a given case, the claim of the bank/financial institutions may be barred by limitation or there may be cases, where ..... reconstruction of financial assets and enforcement of security interest act, 2002 (for short 'securitisation act'). challenging the same, the petitioner moved an appeal, application before the debts recovery tribunal, hyderabad, and obtained interim orders of stay of dispossession. as the second respondent-bank claims right over the flat purchased by the petitioner by .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC241; AIR1987Ori257; 65(1988)CLT226
g.b. patnaik, j.1. this is an appeal under section 110-d of the motor vehicles act against the order of the second motor accidents claims tribunal rejecting the claim of the appellant. the appellant filed an application claiming compensation on account of the death of her husband ratnakar behera and it was alleged in the application that the ..... procedure in my view would be a procedure which is required in the interests of justice. under section 110-b of the act, the tribunal is required to hold an enquiry into the claims for the purpose of making an award determining the amount of compensation which appears to it to be just and specifying the person ..... representatives who have not so joined, shall be impleaded as respondents to the application.(2) every application under sub-section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed :provided.......'rule .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT483
..... (2) alt 1 (sc) : 2008 (2) scj 95, the wife and son of amarjit kaur, who died in a motor accident, filed petition before the motor accidents claims tribunal (mact) claiming rs. 5,00,000/- as compensation. an award was passed by mact on 01.12.1998 for rs. 1,44,000/-. the claimants filed appeal before high court, which ..... aside the same.respondents' case3. the case of respondents 1 and 2 is as follows. when the award passed by legal services committee under legal services authorities act, 1987 (the act, for brevity) is final and binding, the same cannot be challenged by third parties by way of writ petition. the petitioners 1 to 3 and fourth respondent ..... proceeding for necessary redressal and seek appropriate decree of declaration by filing a suit within the period of limitation prescribed under law. under section 34 of the specific relief act, 1963, any person entitled to legal character or any right as to any property, may file a suit for declaration. under this provision, any person can even .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1729
..... features of lok adalat are the procedural flexibility and speedy trial of the disputes. there is no strict application of procedural laws like civil procedure code and evidence act while assessing the claim by lok adalat.3. the parties to the dispute can directly interact with the judge through their counsel which is not possible in regular courts of ..... enshrined under article 39a. therefore, the assistance is contemplated is at all levels, not restricted to only those on approaching the court of law or authority or tribunal. further it is not only with a view to settle pending cases but to settle any impending matters and to providing such assistance, this legislation has stepped in ..... proceedings. in fact the `legal services' as defined under section 2(c) of the said act includes rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter, the object being to provide free legal aid .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC545; AIR2008Mad127; 2008(3)AIRKarR210(FB); 2008(1)MLJ1217
..... is the credibility, reputation or goodwill of the university which is at stake. therefore, in our opinion, no institution can claim affiliation as a matter of right.36. the ncte act has been enacted by parliament under entry 66 of list i to coordinate with and determine the standards of teacher training institutions ..... before granting affiliation is entitled to be satisfied that the college seeking affiliation has proper facilities, competent and qualified teaching staff and no college can claim affiliation as a matter of right. learned counsel placed heavy reliance on the judgment of the division bench of this court in the university of madras ..... interpreted the various provisions of the ncte act and the regulations made thereunder as held by the supreme court in st. john's teacher training institute v. regional director : [2003]1scr975 , wherein it was held that the regional committee of ncte is empowered to consider the claim for recognition independently notwithstanding the refusal .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)
..... few facts may be set out:the assessee company was assessed under section 115 jb of the income tax act for the assessment year 2001-2002. while computing the book profits, under section 115 jb it claimed that the entire export profits as computed under section 80 hhc should be deducted and not percentage deduction as provided ..... eligible for deduction in terms of clause (4) of explanation (1) to section 115jb.revenue aggrieved preferred an appeal before the i.t.a.t. the learned tribunal after considering the various contentions as also the order of the special bench in dy. commissioner, range iii v. simcom ltd. was pleased to dismiss the appeal ..... the return of income, the report of an accountant, as defined in the explanation below sub-section (2) of section 2888, certifying that the deduction has been correctly claimed in accordance with the provisions of this section.provided....(4a) ....(4b) for the purposes of computing the total income under sub-section (1) or subsection (1a) any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP76
..... is affirmed that where there is no stipulation in the document as to the date on which the principal is to be repaid, interest cannot be claimed by virtue of section 1 of the interest act of 1839. it is obvious that in so far as the question of payment of professional fee is concerned, there is no provision under which interest ..... section 1 of the interest act of 1839 was considered. the privi council laid down the principles regarding the award of ..... the provisions of s. 4(2)(b) of the interest act of 1978 it is difficult to see how the petitioner can be said to be entitled to the payment of interest @ 12% p. a. as claimed by him. 10. the learned advocate-general has relied upon a decision reported in b.n. railway v. ruttanji ramji, air 1938 pc 67 in which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP94; 2002(5)ALD763; 2003(1)ALT336
..... corporation to initiate action for removal of such illegal and unauthorised constructions. the deemed permission is valid only for one year. therefore, the builder cannot claim the benefit thereof. since already a notice was issued to the builder to explain about the illegal and unauthorised constructions made by him, no further notice ..... ' located a kutbiguda, hyderabad, while the petitioners in wp nos.9875, 10639 and 10755 of 1994, shall be referred to as 'the purchasers' for they claim to have purchased the flats in the building, and while the respondent-municipal corporation of hyderabad shall be referred to as 'the corporation'.3. the builder filed ..... professional builders and harsh towards owner turned builder, it does mean that the corporation should not act in accordance with law, and allow the illegalities to be perpetrated. the builder having violated the law, cannot be allowed to claim equities. therefore, the plea of the builder that he has been discriminated by the corporation, .....
Tag this Judgment!Court : Delhi
Reported in : 2003IIIAD(Delhi)561; 2003(68)DRJ795
..... would put the rights of the appellant in the said property in jeopardy. it is evident that only prima facie findings were required to be given by the tribunal while deciding the question whether the interim order under section 15(4) passed by the additional rent controller was to be maintained or modified. it is obvious ..... code. in that case the plaint was rejected by the apex court. these provisions were also resorted to in the case of i.t.c. limited v. debts recovery appellate tribunal & ors., : air1998sc634 . reference in this regard can be made to the following observations of supreme court in bharat petroleum corporation limited v. khaja midahar noor & ors., : ..... exhibit p-1; defendant no.2 was not even within the contemplation of these parties at that time. section 116 of the evidence act prescribes that 'no tenant of immovable property, or person claiming through such tenant, shall during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj130; (1995)2GLR1063
..... no. 3 herein) on 7th/8th december, 1982 at annexure-g to each petition as affirmed in appeal by the common appellate order passed by the additional urban land tribunal at ahmedabad (respondent no. 2 herein) on 11th march, 1986 in appeals nos. rajkot-7 to rajkot-10 of 1983 at annexure-i to each petition is quashed ..... effect as to what conditions can be imposed by the competent authority while approving the scheme under section 21(1) of the urban land (ceiling and regulation) act, 1976 (the act for brief). since common questions of law and fact arise in all these four petitions, i have thought it fit to dispose of all these four petitions by ..... other than the conditions specified in schedule i-a appended to the rules can be imposed by the competent authority while granting permission under section 21(1) of the act. according to the learned advocates appearing on behalf of the landholders, the permission thereunder could be subject to such terms and conditions as may be prescribed, including a .....
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