Court : Supreme Court of India
Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152
..... and other appliances including wiring, cable etc. are 'undoubtedly 'goods' within the definition of the word in section 2(d) of the u.p. act'. it was also held a telephone exchange being housed in immovable properties would make no difference because a tangible object like electricity which is generated in projects ..... data generated by the subscriber was transmitted to the desired destination. the inspiration for the argument has been derived from the provisions of the indian telegraph act, 1885 which defines telegraph3 as meaning:'telegraph' means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs ..... transactions negatived by courts, was accepted by the government. the constitution (46th amendment) bill 1981, which was subsequently enacted as the constitution 46th amendment act 1982 set out the background in which the amendment to article 366(29a) of the constitution was amended. having noted the various decisions of the supreme .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC3298; 2009(2)AWC1722(SC); JT2009(4)SC298; (2009)6MLJ1034(SC); 2009(5)SCALE82; 2009(4)LC1844(SC); 2009AIRSCW3458; 2009(5)LHSC3011
..... , undue influence etc. is vitiated by any illegality, omission or error or defect as envisaged under section 100 of code of civil procedure.15. section 16 of the indian contract act provides for as to what constitutes undue influence. relationship between the parties so as to enable one of them to dominate the will of the other is a sine qua .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1
..... government in its handbook laying down guidelines and clarifications upto june 2004 while considering the grant of approval under section 2 of the fc act. dealing with environmental losses (soil erosion, effect on hydrological cycle, wildlife habitat, microclimate upsetting of ecological balance), the guidelines provide that though ..... of the forest land diverted for non- forestry purposes shall also be recovered from the user agencies, while according approval under the forest (conservation) act, 1980; (b) a 'compensatory afforestation fund' shall be created in which all the monies received from the user-agencies towards compensatory afforestation, additional ..... . the report, taking note of the present system of compensatory afforestation as per guidelines issued by moef from time to time under the fc act, the procedure for receipt and utilization of funds for compensatory afforestation, activities permissible under compensatory afforestation, adequate compensation for loss of forest land - .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC594; I(1990)DMC377SC; JT1990(1)SC90; 1990(1)SCALE76; (1990)1SCC475; 1990(2)LC358(SC)
..... the appellant is taken to be correct as mentioned by the additional district judge then it clearly revealed that the respondent was adamant not to live with the appellant at bal chand nagar and she was not even willing to listen to the advice of the parents and other family members of the appellant. another important circumstance to be noted ..... as sanat kumar filed petitions of divorce against their wives on the ground of cruelty and desertion as contemplated under section 13(1)(ia) & (ib) of the hindu marriage act, 1955, the petition for divorce filed by shivnarain was dismissed by the trial court but was allowed in appeal by the high court and an appeal filed against the judgment ..... facts have to be viewed as to the purpose which is revealed by those facts or by conduct and expression of intention, both interior and subsequent to the actual act of separation. the case of the petitioner sanat kumar with regard to desertion was that he was married to nandini on 11.6-1978 and on the same day .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)SCALE332; (2009)12SCC270; .2009AIRSCW6620
..... and conciliation centre delhi high court for exploring the possibilities of settlement between the parties.3. the parties agreed that ms. kamlesh mahajan and mr. inderbir singh alag, advocates would act as their conciliators/mediators in the matter of mediation and conciliation proceedings.4. the parties pursuant to discussions, deliberations and negotiations held with the assistance and help of the mediators ..... be further handed over to the respondent.3. we record our appreciation for the commendable efforts made by learned mediators of the delhi high court mediation and conciliation centre who acted as amicus curiae.4. transfers petitions are accordingly disposed of.
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC3724(SC); JT2009(14)SC79; 2009(8)SCALE720; (2009)7SCC345
..... of the arbitrators in the department of public enterprises, to be nominated by the secretary to the government of india incharge of the bureau of public enterprises. the arbitration act, 1940 shall not be applicable to the arbitration under this clause. the award of the arbitrator shall be binding upon the parties to the dispute, provided however, ..... is not applicable to the case in hand, therefore, the appointment of the arbitrator by the calcutta high court exercising jurisdiction under section 11(6) of the act was improper.5. it is well settled rule of interpretation that the section heading or marginal note can be relied upon to clear any doubt or ambiguity in ..... the interpretation of any provision and to discern the legislative intent. the section heading constitutes an important part of the act itself, and may be read not only as explaining the provisions of the section, but it also affords a better key to the constructions of the provisions of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2002)10SCC109
..... with the plaintiff-respondents. under such circumstances, the only course open to the plaintiff-respondents was to take resort to sub-section (3) of section 12 of the specific relief act. the plaintiffs sought specific performance of the whole contract. in such a situation, the aid of sub-section (3) of section 12 not having been taken by the plaintiff, the ..... land, we would be setting up a new contract which cannot be enforced by the court unless the plaintiff takes resort to sub-section (3) of section 12 of the act. in the present case, there was only one contract for the entire land and what was pleaded in the plaint and enforcement of the agreement sought, was for the entire .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4299; 2004(4)AWC3037(SC); (2004)4CompLJ576(SC); JT2004(7)SC35; (2005)1PLR456; 2004(7)SCALE66; (2004)8SCC671; (2005)1UPLBEC209
..... invitation to tender is not an offer. it is an attempt to ascertain whether an offer can be obtained with a margin. [see: pollock & mulla on indian contract & specific relief acts - (2001) 12th edition. page 50].13. valuation is a question of fact. this court is reluctant to interfere where valuation is based on relevant material. [see: duncans industries ltd. v ..... this court vide order dated 28.4.2004.6. it is the case of the petitioner that respondent no. 2 is the statutory authority under u.p. industrial area development act, 1976; that it is responsible for the development of the area in terms of the master plan for noida; that it has framed building regulations w.e.f. 1.2 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC696; 2007(1)SCALE138; (2007)2SCC218
..... in question, does not fall under any duly notified controlled area, declared under the provisions of the punjab scheduled roads and controlled areas (restriction) of un-regulated development act, 1963, now repealed. thus there are no controlled area restrictions at mandi gobindgarh, in view of the above legal position.10. that the secretary, housing and urban ..... in which air pollution control devices is not required. hence, all the remaining industrial units have complied with the provisions of the air (prevention and control of pollution) act, 1981.submitted for the kind information of the hon'ble punjab and haryana high court for issue of appropriate order in the case. 3. taking note of the report ..... was filed on 8.4.2002 by the board showing that 61 units have complied with the provisions of the air (prevention & control of pollution) act, 1981. out of remaining 27 units, 16 units have been closed down by the board under section 21/31a of the air (prevention and control of pollution .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)108; AIR1997SC585; [1997(75)FLR29]; JT1996(10)SC64; 1996(7)SCALE898; (1996)11SCC319; [1996]Supp8SCR69
..... other public sector undertakings. in the case of three other public sector undertakings namely; bel, beml and hal and additional clause in the settlement was inserted. in bal the clause was 1.1 in beml, the clause was as follows:if any comparable engineering industry in the central public sector such as bhel etc., revises the ..... during the strike period. the further contention on behalf of the managements was that even after the strike had been called off, the workers had resorted to various acts of intimidation, go-slow, beating up of the willing workers who had attended factory during the strike period and the workmen also resorted to other forms of indiscipline ..... clause (d) of sub-section (1) of section 22, while the strike in the other undertakings contravened sub-section (a) of section 23 of the industrial disputes act, 1947. there is also substance in the contention urged on behalf of the managements that the strike was illegal also because it was in contravention of sub-section (c) .....
Tag this Judgment!