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 : 2009(167)LC1(SC); 2009(238)ELT21(SC); 2009(7)SCALE476; (2009)13SCC515:2009AIRSCW4416
..... period of jurisdiction did not arise. the show cause notice dated 28th march, 1994 thus having been issued after the expiry of the period prescribed under section 11a of the act, was clearly barred by limitation.20. in any view of the matter, whether a party is guilty of suppression of fact or not is essentially a question of fact ..... furnishing of information was willful and would amount to suppression of material fact in terms whereof the extended period of limitation as provided for in section 11a of the customs act, 1944 could be invoked or not, in our opinion, was not a substantial question of law. the finding of fact arrived at by the tribunal should have been ..... (c) in the form of a memorandum of appeal precisely stating therein the substantial question of law involved. 15. we may also notice the provisions of section 35g of the act, as it prior to its amendment:35g. statement of case to high court.- (1) the commissioner of central excise or the other party may, within sixty days of the .....
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 : 2008(15)SCALE571; 2009[13]STR113; 2008(1)LC86(SC); (2009)11VatReporter10; (2009)19VST142(SC); 2009AIRSCW1136
..... filed before the assessing authority and, thus, admittedly the appellant could not discharge the burden of proof cast upon her in terms of section 12 of the act.12. the act indisputably is a taxing statute. the jurisdiction of an assessing authority, therefore, is confined to assess tax on taxable turnover. its primary duty is to ascertain ..... of the appellant that by production of such documents the burden of proof, if any, has been discharged by her.furthermore for attracting section 12 of the act the foundational facts must be established.22. the high court furthermore committed a serious error in so far as it failed to draw a distinction between the assessment ..... 5 % to 2 = %.6. aggrieved by and dissatisfied therewith both the parties preferred appeals before the sales tax appellate tribunal in terms of section 12 of the act.7. by an order dated 20th february, 2003, the tribunal held as under:we are afraid that the first appellate authority has not correctly understood the legal position .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(3)AWC2833(SC); [2009(121)FLR424]; JT2008(6)SC489; 2008(9)SCALE1; 2008(8)Supreme453
..... pradesh absorption of retrenched employees of government or public corporations in government service rules, 1991, as amended from time to time. a public authority cannot act inconsistent with or contrary to statutory rules. it was stated that no statement was made by any officer on behalf of the corporation that the employees ..... petition was premature inasmuch as no action of retrenchment was taken by the corporation. moreover, alternative and efficacious remedy under the u.p. industrial disputes act was available to the petitioners. on merits, it was contended that in view of shrinkage in the activities of the corporation and also increase of wage ..... march 23, 1974, u.p. state mineral development corporation ltd. ('corporation' for short) was incorporated as a government company under section 617 of the companies act, 1956. the corporation was established with a view to provide acceleration in the field of mining and other incidental activities. initially, the corporation was floated with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1915; 2008(2)CTC308; I(2008)DMC588SC; (2008)3GLR1995(SC); JT2008(3)SC627; 2008(2)KLT1038(SC); 2008(I)OLR(SC)687; RLW2008(3)SC1917; 2008(4)SCALE7; (2008)4SCC774; (2008)2SCC(Cri)490; 2008(2)Supreme614; 2008(2)AICLR476
..... on the date of the second marriage her earlier marriage with her previous husband had not been dissolved by any court in accordance with the provisions of the hindu marriage act, 1955. the family court allowed the petition of the wife and granted a decree of judicial separation as also the maintenance claimed by her and dismissed the counter petition ..... party thereto, be so declared by a decree of nullity if it contravened any one of the conditions specified in clauses (i), (iv) and (v) of section 5 of the act. in yamunabai anantrao adhav v. anantrao shivram adhav : 1988crilj793 , this court had held that marriages covered by section 11 are void ipso-jure, that is void from the very ..... may be annulled by a decree of nullity on any of the grounds enumerated in the section. in the case of a marriage covered by section 12 of the 1955 act, the marriage is not void ipso- jure from its inception, but a decree would have to be obtained from the competent court declaring the marriage to be void and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1449; [2008(117)FLR1184]; JT2008(2)SC407; (2008)IILLJ302SC; (2008)4MLJ795(SC); 2008(2)SCALE454; (2008)3SCC247; 2008AIRSCW1494; 2008(3)CivilLJ659; 2008LABIC1390; 2008-II-LLJ-302; 2008(2)LH(SC)1227; 2008(3)KCCR2004
..... state insurance corporation (2000) 2 llj 593.mr. francis, learned counsel appearing on behalf of the respondent would, however, support the impugned judgment.the act:8. the act was enacted to provide for certain benefits to the employees in cases of sickness, maternity and employment injury and to make provisions for certain other matters ..... respect of contract employees against the principal employer without looking for the immediate employer. as already stated, in an enquiry under section 45a of the esi act all that is required is the authority must give a reasonable opportunity of being heard to the employer concerned. that has been complied with by ..... impugned judgment, a division bench of the madras high court, while overruling the said decision in madras gymkhana (supra) held:the scheme of the esi act does not envisage separate and independent determination of contribution payable by the principal employer and the immediate employer in respect of employees directly employed by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1134; 2008CriLJ1618; (2008)3GLR2192(SC); JT2008(2)SC96; RLW2008(3)SC2067; 2008(2)SCALE82; (2008)3SCC775; 2008AIRSCW1014; (2008)2SCC(Cri)743; 2008(1)Crimes274; 2008(1)AICLR659; 2008(2)LH(SC)813
..... ) and solvent surety of the like amount, on the following terms and conditions that he shall:(a) not take undue advantage of his liberty or abuse his liberty;(b) not act in a manner injurious to the interest of the prosecution;(c) maintain law and order;(d) mark his presence on every tuesday and friday in a week at sector 21 ..... lodged by gobarbhai naranbhai singala, father of the deceased vinubhai singala, appellant in the 1st appeal under sections 143, 148, 149, 447, 302 ipc and 23(1)(b) of arms act. in the said fir it was inter alia alleged:today at about 8/00 to 8/30 a.m. my son vinodrai was reading newspaper in garden of bungalow compound ..... /2004 dated 19.3.2004] registered at police station malviya nagar, rajkot city, rajkot under sections 143, 148, 149, 449, 302 ipc and 25(1)(b)(a) of the arms act, for the alleged murder of appellant's son vinodrai singala.5. the facts in brief culminating into filing of these appeals are narrated below.that, on 9th february, 2004 the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(115)FLR811]; [2008(1)JCR8(SC)]; JT2007(12)SC184; 2008(1)KarLJ429; (2008)ILLJ880SC; 2007(12)SCALE140; 2008(5)KCCRSN355; 2007AIRSCW6673
..... dated 23.11.2004in the circumstances explained in the preamble, the permission of the government is hereby accorded as required under section 25-o of industrial disputes act, 1947, to the management of m/s. karnataka pulpwood ltd., bangalore to close down the above industrial undertaking as proposed by them.8. aggrieved by ..... :(a) to wind-up karnataka pulpwood ltd., a joint sector company. the company is directed to take steps in this connection following prescribed procedure under companies act, 1956.(b) that all the assets and liabilities of the karnataka pulpwood ltd. and any guarantee given by the government to karnataka pulpwood ltd. for raising ..... filed before this court against lease of forest lands, inter alia, on the ground that the same was violative of the provisions of the forest (conservation) act, 1980. this court granted an order of stay regarding possession of the said leasehold property. protracted legal battle adversely affected the commercial viability of kpl project. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559
..... jurisdictional fact exists, a court, tribunal or authority has jurisdiction to decide other issues. if such fact does not exist, a court, tribunal or authority cannot act. it is also well settled that a court or a tribunal cannot wrongly assume existence of jurisdictional fact and proceed to decide a matter. the underlying principle is ..... said to be a 'preliminary' or 'jurisdictional fact' and said fact would confer jurisdiction on the court to consider the question whether the provisions of the rent act were applicable. the question, however, is whether in the present case, the learned counsel for the appellant tenant is right in submitting that the 'jurisdictional fact' ..... the legislature as of necessity must have a lot of latitude in this regard. whether any particular category of tenants needs to be protected under the rent act is a matter of legislative determination. there is nothing arbitrary if such protection is taken away in case of certain categories of tenants having regard to .....
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