Court : Delhi
..... obc seats into the general seats, despite the directions given by the hon'ble apex court in p.v. indiresan's case (supra), has taken a view that such an act of the respondent is in clear defiance of the directions given by the hon'ble apex court and therefore, this court has directed special counseling for the candidates belonging to .....
Tag this Judgment!Court : Kolkata
..... and appropriate legislation when enacted on the subject) in a suitable manner. 10. third-party harassment: where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person-in-charge will take all steps necessary and reasonable to assist the affected person in ..... the offender.(c) as regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the industrial employment (standing orders) act, 1946.(d) appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment ..... c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary .....
Tag this Judgment!Court : Karnataka
..... property when the said memorandum of understanding is subsisting and binding on the respondent. therefore, the petitioner has filed this petition for resolution of the dispute as provided in the act.3. though the respondent is served, he has remained unrepresented.4. i have heard the learned counsel for the petitioner.5. the averments made in the petition have not been ..... 1. the petitioner has filed this petition under sections 11(5) and 6(a) of the arbitration and conciliation aci. 1996 (for short the act') for appointment of an arbitrator to resolve a dispute, which has arisen out of the memorandum of understanding dated 27.8.2008.2. the petitioner is a public limited company .....
Tag this Judgment!Court : Chennai
..... deceased not holding the driving licence it cannot be held that the deceased had contributed to the accident. the respondents must establish by evidence that by her act she had contributed to the accident notwithstanding her not holding the driving licence. in this respect mr.k.kalyanasundaram, learned counsel for the appellant relied on ..... negligence would arise only when both parties are found to be negligent.7. the question is, negligence for what? if the complainant must be guilty of an act or omission which materially contributed to the accident and resulted in injury and damage, the concept of contributory negligence would apply."8. in t.o.anthony vs. ..... 'contributory negligence' and 'composite negligence'. the contributory negligence applies solely on the conduct of the injured or the deceased. it means that there has been an act of omission on his part which has materially contributed to the damage. where a person is injured or his death occurs without any negligence on his part but .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... be founded on facts and figures. to that extent, we hold that the exercise carried out by the authority is not the one envisaged under section 11 (2) of the act, under which it has issued the impugned order. we finally held as follows:- with these findings, we set aside the telecommunication (broadcasting and cable) services (second) tariff (eighth ..... follows:- in the light of this, we conclude that the impugned tariff order is not an exercise in tariff fixation as is ordained by section 11 (2) of the act, in so far as it relates to fixing the prices as on 1.12.2007. similarly there is no cogent explanation for adoption of 4 % as the rate of ..... contention that the order is without jurisdiction, perverse and arbitrary and has been issued withoutfollowing the requirements of transparency as ordained in section 11 (4) of the trai act. it is also stated that the provisions of the impugned order are at variance with the issues raised in the consultation paper dated 21.5.2007 issued by the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... done by the commissioner in the present case. further, where a demand of differential duty is confirmed against an assessee under the proviso to section 11a (1) of the act, it would be legally wrong to drop a proposal for penalty under section 11ac, where the assessee admits the duty liability. this is because the grounds for a penalty ..... the show-cause notice is liable to be confirmed against the respondent alongwith interest thereon; and (b) whether the respondent is liable to be penalized under section 11ac of the act and if so, to what extent? 5. in the impugned order, it was acknowledged by the commissioner that there was no dispute between the department and the assessee regarding ..... imposing a separate penalty under rule 173q of the central excise rules, 1944; for levy of interest on duty under section 11ab of the act; and for imposition of a penalty on the corporate head (indirect taxation) under rule 209a of the central excise rules, 1944. this show-cause notice also proposed to .....
Tag this Judgment!Court : Punjab and Haryana
..... the transferor was not authorised to make it: provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith. 23. to attract the provisions of the said section, a person has to be the ostensible owner of the said property and transfer the same ..... termed as a bona fide purchaser and he was not the ostensible owner and protection cannot be granted to him since there was fraud involved and fraud vitiates all acts. reliance was placed upon a division bench judgment of this court in lpa no. 184 of 2004 titled subhash chand and others vs. the financial commissioner revenue ..... no correspondence also with the official defendants and it was highly unlikely that the plaintiff would have waited for 10 long years and it was not reasonable and prudent act that she could have waited for so long, and therefore, she was declared not having been vigilant in pursuing the matter with huda and accordingly, dismissed the suit .....
Tag this Judgment!Court : Allahabad
..... to change the land use of the area adjoining 130 meters road for the purposes of earning more profit clearly indicates that it did not pursue the object of the act and acted with the object of earning profit. learned counsel for the respondents has placed reliance on a division bench judgment of this court in the case of sundar garden welfare ..... 1976(1) s.c.c. 700 balwant narayan bhagde vs. m.d. bhagwat. reliance has also been placed on judgment of the apex court in 1996 volume 4 scc 212 bal mukund khatri educationl and industrial trust vs. state of punjab and judgment of the apex court in 2011 (5) s.c.c. 394 banda development authority, banda vs. moti lal ..... useful to quote relevant extract of the notification dated 12.3.2008 which is to the following effect: under sub-section (1) of section 4 of the land acquisition act,1894 (act no. 1 of 1894), the governor is pleased to notify for general information that the land mentioned in the schedule below, is needed for a public purpose namely for .....
Tag this Judgment!Court : Delhi
..... dependent on deceased arti, and therefore, the respondents being the legal representatives (class-ii heirs) were only entitled to a statutory compensation under section 140 of the motor vehicle act, 1988 (the act).4. during inquiry before the claims tribunal, it was established that deceased arti was working as a court attendant in delhi high court and was getting a salary of .....
Tag this Judgment!Court : Delhi
..... hosiery. the premises behind the disputed shop are two godowns which the petitioner no.2 is using as storage space for his business of m/s hindustan hosiery; his wife seema devi is using the adjoining space for storage of her business goods. parchhatti/mezzanine floor over and above m/s abhishek enterprises is in the share of jai kishan goel ..... dated 27.3.2012 vide which additional rent controller (arc) had decreed the eviction petition filed by the respondent/landlord under section 14(1)(e) of the delhi rent control act (drca); the application seeking leave to defend filed by the petitioner/tenant had been dismissed. 2 record shows that the present eviction petition had been filed by the respondent under .....
Tag this Judgment!