Court : Supreme Court of India
Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813
..... (iii) her understanding about as per her mental status,the distinction between she is incapable of makingthe child born out of the distinction between aand outside the wedlock child born before oras well as the social after marriage or outsideconnotations attached the wedlockthereto. ..... practitioner is satisfied that a 'continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health' [as per section 3(2)(i)] or when 'there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped' [as per section 3(2)(ii)]. ..... , of opinion, formed in good faith, that -(i)the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or(ii)there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.explanation 1. ..... there is also no indication that the prospective child may be born with any congenital defects. ..... however, it was repeatedly stressed before us that the victim has a limited understanding of the sexual act and perhaps does not anticipate the social stigma that may be attached to a child which will be born on account of an act of rape. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC947; [1968]2SCR292
..... surayamma in her written statement filed in that suit contended that somaraju was a major having been born on january 7, 1903 and was in a sound disposing state of mind when he executed the said will. ..... paraskthy) : air1941mad179 the appellants' case was that somaraju was born in 1905 and not in 1903 as alleged by the respondents. ..... in the absence of any evidence led by the appellants that a.4 related to somaraju and no one else, the extract obviously could not establish that somaraju was born in 1905 and therefore was a minor in 1921. ex. ..... the case of the respondents, however, was that another son besides somaraju was born of pullamraju after somaraju's birth. ..... the admitted position was that all the children of pullamraju were born in the village isukapalli. ..... 21/23)pullamraju (died 19-12-1913) widowsurayamma (died 22-10-50)|-----------------------------------------------------------------| | | | | |(1) (2) (3) (4) (5) (6)daughter subbay- venkay- somara- son (said radhyamma(died in yamma yamma (died to have (diedinfancy) (died) (died 29-3-21) been born 6-4-27)11-8-56) and diedin infancy). ..... 35 of the evidence act, it could not assist the appellants as it only indicated at best that a son was born of pullamraju in 1905. ..... the appellants' contention was that this extract furnished evidence that somaraju was born in 1905. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1533; 1962(0)BLJR724; [1962(4)FLR470]; (1962)ILLJ382SC; [1962]Supp(3)SCR795
..... 2(kkk), 'lay-off' means, inter alia, the failure, or inability of an employer on account of shortage of raw materials to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. ..... apart from the fact that this conclusion does not appear to be borne out by any evidence on record, it seems to us that the tribunal exceeded its jurisdiction in trying to decide whether better management could have avoided the crisis. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2900; 2005(99)ECC281; 2005(182)ELT3(SC); JT2005(3)SC288; (2005)3SCC608
..... in this connection, it was found that the packing costs were borne by the jil, which circumstance, indicated complete control of jil. ..... , the tribunal had failed to appreciate that although the agreements entered into were between jil and their franchisees and though the bottles were physically dispatched to the franchisees, the packing costs were borne by jil. ..... further, as found by the commissioner, the franchisee agreements between jil and the franchisee holders were not on principal to principal basis, particularly when the cost of packing was to be borne by jil. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2533; (2008)2CompLJ445(SC); 2008(6)SCALE503; (2008)10SCC535; 2008(2)LC701(SC); 2008AIRSCW3526
..... this is borne out, according to bsnl, from the opinion of the manufacturers of the equipment of the appellant which clearly imports an admission of the appellant that to restrict the impugned service to the premises of the subscriber would be impractical and if it is so .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC135; [1966]61ITR444(SC); [1966]SuppSCR419
..... be it noted that while construing the provisions of the said proviso as well as the rules enacted thereunder, this object, which the legislature had in mind, will have to eb borne in mind and that any interpretation of those provisions will have to be guided by the consideration that the legislature was thereunder enacting a relaxation to the rigour of the rule contained in sub-section (3) in ..... , if the object of the enactment, namely, to relax the rigour of sub- section (3) of section 40a in genuine and bona fide cases to avoid hardship and harassment, is borne in mind, the adoption of the ordinary meaning of the word which is so wide would be justified, because it would advance the cause rather than defeat it. ..... even if it is held that the relevatn expression is a mere guideline to the rule-framing authority, then also those guidelines will have to be borne in mind while interpreting the provisions of the relevant rules enacted by the competent authority, so that by a constricted or artificial construction of these rules, the very object ..... in our opinion, if all the factors which the assessee has pleaded and which are established are borne in mind and if the matter is adjudged from the point of view of a businessman, no conclusion other than that it was not practicable to make payment by a crossed bank draft is possible in the ..... on more thing which requires to be borne in mind is that practicability for the purposes of rule 6dd(j) (2) must be judged from the point of view of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(91)ELT529(SC); JT1997(2)SC716; [1997]2SCR291
..... 500. if the benefit of the said notification was not available, as in fact it is not available as the input of 100 metric tons pig iron had not borne any duty at the relevant time and the department had permitted the appellant to adjust it ultimately at the stage of manufacture of final product of 90 metric tons steel ingots which utilised the entire 100 ..... pig iron would not be available to the appellant so far as its liability to pay excise duty on the finished products was concerned as the input of pig iron which resulted into steel ingots had not already borne the excise duty under tariff item 25 at the time when it was manufactured ..... consequently, when the final product of steel melting scrap had not borne excise duty because of the exemption notification, as aforesaid, the non-duty paid input which was embedded in it, which in its turn was exigible to tax had to be brought to tax when the final product ..... ingots. on the other hand, if input of pig iron had not borne such duty on its clearance for captive consumption, and the duty thereon was deferred, the steel ingots on clearance would bear full ..... 000 in all is not available to the appellant on the excise duty payable on 90 metric tons of steel ingots as at the relevant time when the input of pig iron was namufactured, the same had admittedly not borne any duty and the payment of duty was ..... that the iron in crude form which had not borne duty at the time of its production had already resulted in the manufacture of duty paid .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)10SCC473
..... rule 2 of the tamil nadu pension rules, 1978 categorically provides that the rules were applied to all government servants appointed to the service and posts in connection with the affairs of the state which are borne by pensionable establishments, whether temporary or permanent. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]33CompCas1057(SC); [1964]4SCR99
..... article 5, the first and the main article dealing with the question makes persons, (1) born in the territory of india, or (2) born of parents one or both of whom were born in the territory of india, or (3) persons who have been ordinarily residents in the territory of for not less than 5 years preceding the commencement of the constitution ..... citizenship was conferred on every person who had his domicile in the territory of india and (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of india or (c) who has been ordinarily resident in the territory of india for not less than five years immediately ..... republics of south america do not recognise descent because, it is reasoned, to do so enables succeeding generations of former citizens to claim the privileges of citizenship irrespective of where they are born, while being outside the territory they do not contribute to the country of which they are citizens. ..... every person who has domicile in the territory of india shall be a citizen of india, if he was born in the territory of india or either of whose parents was so born or who has been ordinarily resident in the territory of india for not less than five years immediately preceding the commencement of the ..... section 1 aforesaid is in these terms and brings our the distinction very clearly :- 'all persons born or naturalised in the united states, and subject to the jurisdiction thereof, are citizens of the united states and of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC251; 1976LabIC162; (1976)ILLJ10SC; (1976)2SCC231; [1976]2SCR42; 1975(7)LC842(SC)
..... it will certainly result in some reduction in profiss; but if the industry is in a stable condition and the burden of provident fund and gratuity does not result in loss to the employer that burden will have to be borne by the employer like the burden of wage-structure in the interest of social justice. ..... the facile assumption by the tribunal that the interest should not be taken into account in working out the profits is not borne out by the provisions of the statute. ..... other expense including wages and if the financial position shows that the burden of payment of gratuity and provident fund can be met without undue strain on the financial position of the employer, that burden must be borne by the employer. .....
Tag this Judgment!