Court : Jammu and Kashmir
Decided on : Apr-11-2008
Reported in : 2010ACJ162,2008(2)JKJ612
..... we are not oblivious of the distinction between the statutory liability of the insurance company vis-'-vis a third party in the context of sections 147 and 149 of the act and its liabilities in other cases. but the same liabilities arising under a contract of insurance would have to be met if the contract is valid. if the contract of ..... compensation; and (ii) liability. it is beaten law of the land that insurer cannot challenge the quantum of compensation in view of the mandate of section 149 of motor vehicles act. however, it can defend the claim petition on other grounds provided permission is sought and granted in terms of mandate of section 170 of the motor vehicles ..... act, but no such permission was sought. thus, it cannot challenge the quantum of compensation.9. in order to avoid liability, insurer has to prove and plead that the cheque .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Decided on : Feb-08-2008
Reported in : (2008)114TTJ(Asr.)728
..... be followed. reliance is placed on the following judgments: (i) the judgment of hon'ble delhi high court in the case of director of it (exemption) v. lovely bal shiksha parishad (supra). (ii) the judgment of hon'ble supreme court in the case of radhasoami satsang v. cit (supra). (iii) the judgment of hon'ble punjab ..... facility. however, in order to attract further investment to this sector, an urgent need has been felt for providing more tax incentives to investors. 17.2 the act, therefore, provides tax exemption to such infrastructure capital funds and companies which are established for the purposes of mobilising resources for financing infrastructure facilities. 17.3 accordingly, ..... for this proposition, he relied on the following judgments: (i) the judgment of hon'ble delhi high court in the case of director of it (exemption) v. lovely bal shiksha parishad ; (ii) the judgment of hon'ble supreme court in the case of radhasoami satsang v. cit , (iii) the judgment of hon'ble punjab & haryana .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-06-2008
Reported in : (2008)113ITD655(Delhi)
..... the panchnamas, the signatures of the panchas and the assessees therein, the orders of restraint, their revocation, etc., all of which show that the official acts were regularly performed by the departmental authorities. in the light of this material, the averments in the affidavit cannot be relied upon and it cannot be said ..... for the assessee that the affidavit filed by the assessees remained uncontroverted. besides the affidavit, which is insufficient to displace the presumption flowing from the acts regularly performed by the authorised officers conducting the search, there is no other evidence to show that the search was actually completed on 12th march, 1999 ..... drawer and seized the files. therefore, the order passed under section 158bc on 30th april, 2001 was barred by limitation provided in section 158be of the act and hence requires to be annulled. further, in continuation to his arguments, the learned authorised representative submitted that the affidavit of the assessee dt. 24th .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-21-2008
Reported in : 2008(3)ALLMR692; 2008(6)BomCR152; (2008)110BOMLR1500; 2008(6)MhLj635
..... respect of equipment and machinery which were required to be installed for setting up the plant. the exemption was also granted under the indian stamp act. the said plant of generating 150 mw of electricity and also pumping back water was established. a new building for installing various imported new ..... international finance corporation and other financial institutions for funding the project. petitioners obtained the necessary approval and permission under section 44 of the electricity (supply) act, 1944 from the maharashtra electricity board. the application was made to the government of maharashtra which granted necessary permission by its letter dated 30/12 ..... installation of the said plant and necessary applications were made to the maharashtra state electricity board under sections 44 and 72 of the electricity (supply) act, 1948. the necessary approval was obtained from various authorities. the project was also cleared by the government of india. the necessary applications were also .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-27-2008
Reported in : (2008)110BOMLR2410
..... in vinod gulabrao kinake v. state of maharashtra (supra), the division bench of this court has considered the provisions of juvenile justice (care and protection of children) act, 2000, and in the facts, though the conviction of juvenile was maintained, the sentence awarded by the trial court including imposition of fine was set aside. in ..... reports have been regularly received from said officer and accordingly said accused needs to be given benefit of provisions of juvenile justice (care & protection of children) act, 2000. both the learned counsel have further contended that the motive has not been proved at all in the matter and the neighbours who would have been ..... was also found to be of 'o' group. according to them, when no blood was found on weapons seized allegedly under section 27 of the evidence act or when seizure of clothes from accused persons is itself not conclusively established, these circumstances are not sufficient to record finding of complicity of accused persons in the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-14-2008
Reported in : 2009(4)KarLJ121:2009(1)KCCR734:2009(3)AIRKarR412:AIR2009NOC1720(D.B
..... made in such application, the application shall contain a separate statement to the effect immediately before the signature of the applicantsection 163-a: notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer ..... ii and also by awarding compensation on conventional heads in terms of the same. he further submits that under sub-section (2) of section 163a of the act it is not necessary to establish negligence and therefore the petition was maintainable and thus the award of the tribunal does not call for interference in this appeal ..... claim petition was converted to one under section 163a and the tribunal after allowing the said amendment has awarded compensation in terms of schedule-ii to the said act by restricting the annual income of the deceased to rs. 39,000/- although the deceased was receiving over and above the said income by applying the multiplier .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-23-2008
Reported in : 2008(2)ALT611
..... authority or function in an arbitrary fashion. the following illustrate the duties and functions of public nature and public character contemplated by the security act, securitisation companies and reconstruction companies:(i) efficient and focused recovery of public monies to reduce non-performing assets of publicly held banks and ..... in an arbitrary and unreasonable or opaque manner. further, the duties, functions and responsibilities of public nature and public character contemplated by the act for securitisation companies and reconstruction companies had been enumerated as hereunder:a) efficient and focused recovery of public monies to reduce non-performing assets ..... to the economy and to the health of banking/finance. the authority and functions prescribed for securitisation companies and reconstruction companies under the act are totally controlled and directed by the reserve bank of india. in fact, securitisation companies and reconstruction companies are prohibited from engaging in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-2008
Reported in : III(2008)BC658
..... the disputed signature with the admitted one made observations in the impugned judgment, totally disbelieved and discarded the oral evidence on record, therefore the court below acted with material irregularity and error.6. no document of the criminal case was filed by the respondent, which could have thrown light on the issues whether ..... . undoubtedly none of the parties was examine by the handwriting expert. the learned court below in exercise of powers conferred by section 73 of the evidence act tried to compare the disputed signature with the admitted signature of the appellant and held that the signature on ex. p/1 are identical with the admitted ..... of defence witness. the approach of the court below is highly prejudicial in exercising the jurisdiction vested in it by section 73. therefore, the court below acted with material irregularity and illegality'. mr. vikas rathi, learned counsel for respondent submitted that the judgment and decree passed by the learned court below is based .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-13-2008
Reported in : (2008)2PLR668
..... members, who are advocates, chartered accountants and businessmen, for construction of their houses. after notification under section 4(1) and report under section 5a of the act, an agreement was entered into by the society under section 41 whereby the society was treated as a company. however, the proceedings under para 7 dealing with ..... commercial complexes in the respondent state of haryana. the policy is stated to have been framed under section 3 of the haryana development and regulation of urban area act, 1975. the petitioners have also claimed that the respondent state has been releasing land in similar circumstances. in that regard, reliance has been placed on the ..... up residential and commercial colonies.4. in para 6, vague averments have been made that the respondents have failed to publish notification under section 4 of the act in two daily newspapers and as a result thereof the petitioners could not file objections. similar vague averments have been made in paras 10 and 11. in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-2008
Reported in : (2008)151PLR765
..... the contention of respondent no. 3, it is deemed necessary to notice some of the relevant provisions of the recovery of debts due to banks and financial institutions act, 1993, here under:17. jurisdiction, powers and authority of tribunals:- (1) a tribunal shall exercise on and from the appointed day, the jurisdiction, powers and ..... for the tribunal to decide such questions of priority bearing in mind principles underlying section 73 of the code of civil procedure. section 22 of the rdb act, in our view, gives sufficiently wide powers to the tribunal and the appellate tribunal to decide such questions of priorities, subject only to the principles of ..... aforesaid reasons, we hold that at the stage of adjudication under section 17 and execution of the certificate under section 25 etc. the provisions of the rdb act, 1993 confer exclusive jurisdiction in the tribunal and the recovery officer in respect 'of debts payable to banks and financial institutions and there can be no interference .....
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