Court : Kolkata
Decided on : Jan-13-2009
Reported in : [2009(121)FLR677],(2009)IIILLJ447Cal
..... a bank file and later on returned those to the bank. he made trunk calls involving an expenses of rs. 1664.00 without making any corresponding entry in the bank record. awasthi gave a detailed reply to the charge sheet appearing at pages 95-100 of the paper book.2. awasthi ..... of mala fides or perversity i.e. where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at that finding. the court cannot embark upon reappreciating the evidence or weighing the same like an appellate authority ..... bank at tejpur during the period august 7, 1981 and may 31,1983. the show cause notice is appearing at pages 88-90 of the paper book whereas the charge sheet is appearing at pages 91-94 thereof. on a comparative study of both the notices it would appear that some of the ..... to departmental enquiry proceedings. the only requirement of law is that the allegation against the delinquent officer must be established by such evidence acting upon which a reasonable person acting reasonably and with objectivity may arrive at a finding upholding the gravamen of the charge against the delinquent officer. mere conjecture or ..... however, could not function properly on those days in absence of a manager and/or any officer having appropriate authority to act as manager. he proceeded on leave on june 1, 1983 by submitting a leave application and kept himself absent till january 29,1984 although the regional office had informed him on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-23-2009
Reported in : 2009AIRSCW2041; JT2009(4)SC174; 2009(2)SCALE140; (2009)3SCC553; 2009(3)LHSC2133; 2009(4)JT174
..... colonizer and the plot holders.18. rules 4, 5 and 11 which are made part of the statutory rules give effect to the aforesaid provision of section 3(3). the comparative reading of the provisions of section 3(3)(a)(iv) and sub-clause (b) of clause (1) of the licence agreement would clearly show that the licensee-colonizer is required to construct ..... for colonizing upon terms set out in the licence agreement, which is given in the statutory form namely form lc-iv. the relevant provisions of the act are quoted here under:section 2. -definition. in this act, unless the context otherwise requires: (g) 'external development works' include sewerage, drains, roads and electrical works which may have to executed in the periphery of, or ..... whereby the writ petition filed by the appellant was dismissed.4. appellant is a public limited company registered and incorporated under the companies act, 1956 and is into the business of real estate development and development of colonies. since 1983, the appellant company had been granted licenses by the director, town and country planning (for short 'director') being respondent no. 2 herein ..... (3)(a)(iv) of the act.29. we, therefore, now come to the last submission of the counsel appearing for respondent no. 2 which relates to issue of waiver and acquiescence in view of the fact that payment was made by the appellant which was demanded from him under the aforesaid letters.30. the correspondences between the parties in respect of payment .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-04-2009
Reported in : AIR2009Jhar105; 2009(57)BLJR1437
..... iron ore and manganese ore to the respondent no. 7 under the provisions of section 5(1) and section 11(5) of the m.m.d. & r. act, 1957. the chart containing the comparative merits of each of the applicants was also enclosed with the forwarding letter. correspondences were exchanged by and between the state and the central governments giving the details of ..... such claim, the state government had allowed all the applicants including the petitioner, opportunity of being heard and a comparative chart was prepared on the basis of the criteria as laid down under the provisions of section 11(3) of the act. such exercise was undertaken to enable the petitioner and the other rival claimants to establish their superior claims which, ..... 's representation, vide its letter dated 13.09.2005, alongwith the other informations sought for under a comparative chart specifying the details concerning each of the items as per criteria laid down under the provisions of section 11(3) of the act.learned counsel explains that after going through all the relevant informations including the clarifications submitted by the state ..... grounds and arguments, learned counsel would refer to the comparative chart prepared by the concerned authorities of the state government based on the informations supplied by the individual applicants. learned counsel would explain that undisputedly the respondent no. 7 was the first applicant in terms of section 11(2) of the act, who had a preferential right of consideration over .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-05-2009
Reported in : 2009(2)AWC1936(SC); JT2009(4)SC461; 2009(2)SCALE219; (2009)4SCC719
..... anr. : 2008(11)scale637 , it is held that increase in market value in urban/semi-urban areas was about 10% to 15% per annum, the corresponding increase in rural areas would at best be around half of it, that is about 5% to 7.5% per annum, in the absence of evidence ..... speculation is reduced to a minimum if the underlying principles of fixation of market value with reference to comparable sales are made: i) when sale is within a reasonable time of the date of notification under section 4(1); ii) it should be a bona fide transaction; iii) it should be of ..... the acquired land is obviated. further, when the owner himself has purchased the land under acquisition few years earlier to the notification under section 4 of the act, the consideration mentioned in the sale deed would form the basis to determine the market value and it is unnecessary to travel beyond that ..... reference court allowed the reference applications made by the claimants and accordingly, enhanced the amounts of compensation.3.5 a batch of appeals under section 54 of the act came to be filed before the high court of punjab and haryana, both by ntpc praying for reduction of the amount of compensation awarded ..... to the land owners.3.3 being aggrieved against and dissatisfied with the award passed by the lac, the claimants preferred reference applications under section 18 of the act. according to the claimants, they are entitled to the enhancement of compensation as their land acquired by the state has potential value for .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-13-2009
Reported in : ILR2009KAR2216; 2009(5)KarLJ302:2009(3)KCCR18242009(5)AIRKarR232:AIR2009NOC2878
..... .19. a reading of the aforesaid provision makes it clear that the state government was conferred with the power to fix the minimum price under the said act. but, the proviso the the said section made it clear that the minimum price so determined by the state government shall not exceed the minimum price payable by the occupier of a factory under ..... the price at which sugarcane may be brought or sold. the sugarcane (control) order, 1966 is a statutory order made in exercise of the powers conferred by section 3, of the essential commodities act, 1955, investing the central government with the power to fix the price of sugarcane and direct payment thereof as also the power to regulate the movement of sugar ..... the state government to fix price by an executive order, the state has the right to fix the price of the sugar cane. in view of the provisions of sub-section (1) of clause 3 of the 1966 order, the central government can fix only the minim price of sugarcane and the same should be read also with the sub-clause ..... extracted. relevant provisions of the sugarcane act and the sugarcane order was also extracted. after a comparative reading of these provisions, it was held as under:61. the relevant provisions of the sugarcane (control) order show that it seeks to lay down the minimum guaranteed price of sugarcane to the sugarcane growers with a corresponding obligation on them to supply sugarcane to the .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-17-2009
Reported in : (2009)223CTR(Guj)481
..... 3. for assessment year 2005-2006 during course of assessment proceedings, respondent authority was of the opinion that powers available under section 142(2a) of the income tax act, 1961 ( the 'act') are required to be exercised, and accounts of all the four assessees are required to be got audited by an ..... 6. as can be seen from the showcause notice dated 24/12/2007, the entire notice granting opportunity of hearing for special audit under section 142(2a) of the act, proceeds on the footing as if only two companies, namely alidhara texpro engineering pvt. ltd., and alidhara textool engineering pvt. ltd., are ..... required to be allowed.it was further submitted in relation to all the four petitioners that the entire exercise of invoking powers under section 142(2a) of the act was a malafide exercise only to gain time for completing assessments as the assessments were otherwise getting barred by limitation on 31/12 ..... audit reports of the assessee companies at sr. no. 2 and 3 and the submissions made are tabulated as follows for ready reference.thereafter in paragraph no. 11 once again various details in a comparative tabular statement ..... (1) of the i.t. act 1961 dated november 14, 2007 in the cases of the mentioned at sr. no. 2 and 3.again in paragraph no. 9, while reproducing in tabular form the comments in the audit report and the corresponding submissions, it is observed that:9. the comments in the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-24-2009
Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)
..... -quinazolinamine hydrochloride, methods of production, and pharmaceutical uses thereof.' in the said document a reference is made to the earlier us patent no. 5747498 issued on may 5, 1998 (which corresponds to erlotinib hydrocloride a combination of polymorphs a&b;). a reference was made to the mesylate form of the compound which is easily deliverable according to parenteral methods of administration ..... /2009 filed by the plaintiff in the present appeal. a perusal of the said order shows that the rejection was on the ground that the applicant had failed to provide comparative data compared to prior art u.s.'498 to show any enhancement in the therapeutic efficacy of the polymorph b. even for the stability and bioavailability they claimed, no data was ..... plaintiffs' response to the anticipation argument and was different from the defendant's objection on the ground of obviousness.(v) there was merit in the plea of the defendant that comparative data regarding efficacy of the plaintiffs' drug, with existing drugs, was not independently shown at the time of examination of the claim by the controller of patents to establish that ..... specifically averred that the plaintiffs' patent 'for which the complete specification is yet to be disclosed for the drug erlotinib' was 'completely invalid'. a reference was made to section 3(d) of the act and it was submitted that erlotinib is a derivative of a known patent 'quinazoline'. it was stated that there were at least three eu patents dating back to .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-04-2009
Reported in : 2009(3)MPHT270
..... the basis of the price of the land as on the date of publication of the section 4 notification. there are other clauses also of the rehabilitation package proposed by the company which are more advantageous than the corresponding clauses in the 2007 rehabilitation package. at the same time there are certain other clauses ..... jabs and training far skills up-gradation.27. that, total expenditure sasan power limited rehabilitation and resettlement package is estimated to be about rs. 131 crores compared to rs. 46 crores under nrrp 2007. spl's r & r package offers almost three times the compensation offered under nrrp 2007.28. that it is ..... respondents and by the madhya pradesh rehabilitation and resettlement policy, 2002 and the national rehabilitation and (resettlement policy, 2007 are reproduced in the form of a chart:-------------------------------------------------------------------------particulars spl offer national policy(rs.cr.) 2007 (rs. cr.)-------------------------------------------------------------------------extra compensation for 10.83 -land-------------------------------------------------------------------------r&r; colony construction 14.49 14.49*cost ..... the land sought to be acquired by the impugned notifications was for the company, the respondent authorities were bound to comply with part vii of the act but the respondent authorities have failed to do so and, therefore, the impugned acquisition proceedings taken up pursuant to the notification deserves to be quashed.6 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-13-2009
Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC)
..... of a rational and objective connection between capital punishment and the purpose for which it is prescribed. in sentencing terms, 'special reasons' as envisaged under section 354(3) code of criminal procedure have to satisfy the comparative utility which capital sentence would serve over life imprisonment in the particular case. the question whether the punishment granted impairs the right to life under ..... that there is a profound and immeasurable gap between a death sentence and a life sentence. in woodson 428 u.s. at 305 the court held that there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case. (see also lockett 438 u.s. at 604 in rummel v ..... parliament in its legislative planning for fair- play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves the responsibility of setting; down social norms of conduct ..... indian penal code) was stuck down as unconstitutional by this court in mithu v. state of punjab 0065/1983 : 1983crilj811 . this court observed:.if the law provides a mandatory sentence of death as section 303 of the penal code does, neither section 235(2) nor section 354(3) of the code of criminal procedure can possibly come into play. if the court has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-15-2009
Reported in : JT2009(6)SC599; 2009(7)SCALE694; 2009AIRSCW3924; 2009(3)LHSC1908
..... .18. contused area with multiple contusions on both side of the back in lower part 25cm x 12cm, 9cm below the injury no. 17 liver and right kidney is lacerated corresponding to this ante mortem injury.17. during the trial, the prosecution examined six witnesses including pws 1 and 2, who were the injured witnesses. the post mortem examination report and ..... the injury reports were also proved in the trial. a comparative reading of the aforesaid injury reports and the post mortem examination report along with the statements of the witnesses and the statements made in the first information report would indicate ..... the injuries received by pws 1 and 2 are only superficial injuries, which are almost similar to one received by one of the accused persons, and therefore, no conviction under section 302 ipc was called for.12. in order to appreciate the contentions of the counsel appearing for the appellants we have scrutinized the evidence on record. the occurrence took place ..... court framed charges against the accused to which the accused persons pleaded not guilty. consequently, witnesses were examined on behalf of the prosecution.8. the accused persons were examined under section 313 of the criminal procedure code and all of them in the course of recording of their statements denied having participated in the crime and stated that they have been falsely implicated .....Tag this Judgment!