Court : Supreme Court of India
..... premises held under a lease which has been entered into after the commencement of the west bengal premises tenancy (amendment) ordinance, 1965: provided that if any such lease is for a period of not less than 20 years and the period limited by such lease is not expressed to be terminable before its expiration at the option either of the landlord or of the tenant, nothing in this act, other than the provisions relating to rent and the provisions of sections 31 and 36, shall apply to any premises held under ..... the tenancy is governed only by the provisions of the transfer of property act, 1882, once the tenancy comes to an end by determination of lease under section 111 of the transfer of property act, the right of the tenant to continue in possession of the premises comes to an end and for any period thereafter, for which he continues to occupy the premises, he becomes liable to pay damages for use and occupation at any rate at which the landlord could have let out the premises on being vacated by the tenant. 60. a tenant continuing in possession after the expiry of ..... happy homes (p) ltd.6 was not dealing with the question whether the waiver of the determination notice results in a fresh tenancy. ..... happy homes (p) ltd. ..... happy homes (p) ltd.1. .....
Tag this Judgment!Court : Supreme Court of India
..... agreed to, or (b) in lieu of any such amount, by granting the land owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the planning authority, development authority or appropriate authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor s interest to be determined by any of the said authorities concerned on the basis of the principles laid down in the land acquisition act, 1894, floor space index (fsi) or transferable development rights (tdr) against the area of land surrendered free of cost and free ..... too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed for the furtherance of justice be used to frustrate it. ..... the property in question was acquired by the appellants in 1959, and a building known as the inga building was constructed on it in 1965.4. ..... home secretary, union of india & ors.30: 119. .....
Tag this Judgment!Court : Supreme Court of India
..... court has now been called to determine the following issues in relation to the arbitrators fees: (i) whether the arbitrator(s) are entitled to unilaterally determine their own fees; (ii) whether the term sum in dispute in the fourth schedule to the arbitration act means the cumulative total of the amounts of the claim and counter- claim; (iii) whether the ceiling of rs 30,00,000 in the entry at serial no 6 of the fourth schedule of the arbitration act is applicable only to the variable amount of the fee or the entire fee amount; and (iv) whether the ceiling of rs 30,00,000 applies as a cumulative fee payable ..... determining the fee which he is entitled to command having regard to: (i) complexity of the disputes; (ii) difficulty or novelty of the questions involved; (iii) the skill, specialized knowledge and responsibility of the arbitral tribunal; (iv) number and importance of documents to be studied; (v) value of the property involved or the amount or the sum in issue; and (vi) importance of the dispute to the parties.36 professor sundra rajoo37 has observed that experienced and qualified arbitrators are accustomed to receiving fees at least equivalent to the upper end of the fee charged for their profession in their ..... 129 sarkar s code of civil procedure notes that a counter-claim is an independent action and not a defence to the plaintiff s original claim159: the provisions of rule 6a(1) are in substance similar to those of rsc, 1965 [rules of the supreme court of uk, 1965] .....
Tag this Judgment!Court : Supreme Court of India
..... state of haryana15, while interpreting the definition of an employee under the minimum wages act, 1948, and the payment of bonus act, 1965, as also the definition of workmen under the industrial disputes act, 1947, this court pointed to the difference in the definition of word employee in the employees provident fund and miscellaneous provisions act, 1952. ..... or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that ..... notwithstanding anything contained in any judgement, decree or order of any court, for the period commencing on and from the 3rd day of april, 1997 and ending on the day on which the payment of gratuity (amendment) act, 2009, receives the assent of the president, the gratuity shall be payable to an employee in pursuance of the notification of the government of india in the ministry of labour and employment vide number s.o. ..... even so, they are guarded by saving clauses drawn with elaborate care, . .....
Tag this Judgment!Court : Supreme Court of India
..... (5) where any selection made by the selection committee is not acceptable to the managing committee of the school, the managing committee shall record its reason for such nonacceptance and refer the matter to board and the trust or society or company registered under section 25 of the companies act, 1956 or under the appropriate acts of relevant country running the school and the trust or society, as the case may be, shall decide the same. ..... charge v that, you were threatening the institution by writing to the president of our country that if something happens to you physically or mentally on work due to such behavior at home the sole responsibility of it would be on the school management, the principal and the various authorities. ..... pande (1965) 2 scr713 the terms and conditions of service embodies in clause 8(vi)(a) of the college code had the force of law apart from the contract and conferred rights on the appellant there, here the terms and conditions mentioned in statute 151 have no efficacy, unless they are incorporated in a contract. .....
Tag this Judgment!Court : Supreme Court of India
..... the effect of the transfer of jurisdiction from lucknow to delhi specifically arises in the present case and we are of the view that the jurisdiction in respect of the assessee having been transferred to delhi lock, stock and barrel and all the records of the assessee also having been transferred from lucknow to delhi, it is only the high court in delhi that can entertain an appeal under section 260a of the act directed against the order passed by the tribunal on ..... it is the accepted principle to determine the jurisdiction of a high court under section 260a of the act on the basis of the location of the assessing officer who assessed the case, then, by the strength of the very same logic, upon transfer of a case to another assessing officer under section 127, the jurisdiction under section 260a must be with the high court in whose jurisdiction the new assessing ..... in this very case, where the assessment order was passed by the assessing officer in ghaziabad, the appeal therefrom was decided by the cit (appeals) iv, kanpur and the appeal to the tribunal was decided by itat, new delhi, should the lucknow bench of the allahabad high court have jurisdiction or should the jurisdiction vest with the punjab & haryana high court in whose territorial limits the transferee assessing officer is located ..... in relation to the union territories of dadra and nagar haveli and *** daman and diu, the high court at bombay; and (vii) in relation to the union territory of pondicherry, the high court at .....
Tag this Judgment!Court : Supreme Court of India
..... : we, therefore, find it expedient to issue a direction to respondent no.2 namely, the general manager, diesel locomotive works, varanasi that if the gst value is to be added in the base price to arrive at the total price of offer for the procurement of products in a tender and is used to determine interse ranking 1 in the selection process, he would be required to clarify the issue, if any, with the gst authorities relating to the applicability of correct hsn code of the procurement product and mention the same in the nit (notice inviting tender) tender/ bid document, so as 'to ensure ..... therefore, the appellants would contend that since the liability to pay the tax is on the successful tenderer (supplier) and sections 59 and 60 of the gst act casts the burden on the tenderers to file return, self-assess and pay the tax, it is the jurisdictional officer relevant to the supplier who can make the proper classification. ..... ito [air1966sc81 (1965) 3 scr536 54 0]. .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings under these regulations shall be deemed to have been received or made in a fiduciary capacity and the same may not be released to the public, if the same prejudices the board and/or the applicant.2) where an application is rejected or withdrawn, the applicant and the board shall not rely upon or introduce as evidence before any court or tribunal, any proposals made or information submitted or representation made by the applicant under these regulations: provided that this sub regulation shall not apply where ..... on 16.04.2010, sebi sent a letter to ril alleging that ril had funded purchase of its own shares by 38 related entities and thereby violated section 77 (2) of the companies act, 1956 and consequently, violated regulations 3, 5 and 6 of the securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to securities market) regulations, 1995. ..... the distinction in application of this privilege qua adversarial and investigative litigation/inquisitorial litigation is reasoned 36 by english courts in in re k (infants), [1965]. .....
Tag this Judgment!Court : Supreme Court of India
..... the service tax provisions have the following basic scheme: (i) section 65 of the act provides for taxable services; 50 (ii) section 66 of the act provides for the charge of service tax by the person designated as the person responsible for collecting the service tax for the government; (iii) section 67 of the act provides for the value of taxable service which is to be subjected to 5% service tax; and (iv) section 68 of the act provides for the ..... the prospective buyer by the builder or a person authorized by the builder before the grant of completion certificate by the authority competent to issue such certificate under any law for the time being in force) shall be deemed to be service provided by the builder to the buyer; d) speaking about the mutually exclusive taxation and powers of the centre and the state, the dichotomy between the sales tax leviable by the state and service tax leviable by the ..... construction of a new building or a civil structure or a part thereof, or of a pipeline or conduit, primarily for the purposes of commerce or industry; or (c) construction of a new residential complex or a part thereof; or (d) completion and finishing ..... 1965) 2 scr908 has unanimously held that before reviewing and revising its earlier decision the court must itself satisfy whether it is necessary to do so in the interest of public good or for any other compelling reason and the court must endeavour to maintain a certainty and continuity in the interpretation of the law in the ..... 1965 ..... 1965 .....
Tag this Judgment!Court : Supreme Court of India
..... shall act on the instructions of the ..... (1) from the date of appointment of the interim resolution professional, (a) the management of the affairs of the corporate debtor shall vest in the interim resolution professional; (b) the powers of the board of directors or the partners of the corporate debtor, as the case may be, shall stand suspended and be exercised by the interim resolution professional; (c) the officers and managers of the corporate debtor shall report to the interim resolution professional and provide access to such documents and records of the corporate debtor as may be required by the interim resolution professional; (d) the financial institutions maintaining accounts of the corporate debtor ..... lallanjee jain [ ca no.766 of 1962, decided on february, 8, 1965]. .....
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