Court : Mumbai
Decided on : Aug-31-2012
..... to allot the flats to them. it is stated that the respondent no.1 society is entitled to claim only sub-divided plot no.3 corresponding to cts no.356/16 admeasuring 432.30 sq.mtrs. 8 it is stated that there are 16 buildings which have formed their own separate ..... a common amenity for all the residents. 5 it is the case of the petitioners that one of the subdivided plot, namely, plot no.2 corresponding to separate cts no.356/16 admeasuring 432.20 sq.mtrs. is a plot which is part of 20 sub-divided plots. on plot no. ..... not appear before the registering officer and admit the execution of the document, the registering officer shall cause a summons to be issued under section 36 of the registration act requiring the executant to appear at the registration office, either in person or by duly authorised agent, at a time fixed in the ..... by him that this provision does not enable the competent authority to ignore the agreements and all such documents as are contemplated by the preceding sections and particularly sections 3 and 4. no competent authority can, therefore, determine on its own the entitlement of the parties who seek a deemed conveyance. in ..... is entered into, or is purported to be entered into, under sub-section (1), at any time before the commencement of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) (amendment and validating provisions) act, 1983, and such agreement was not presented for registration or was presented for .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-07-2012
..... 2009)6 scc 99 g. sekar versus geetha. 56. in compliance of law commission's report, by 6th constitutional amendment, article 286 was amended. a comparative chart has been filed by the petitioner's counsel containing unamended and amended article 286, which is as under:. "article 286 of the constitution of indiabefore 11.9 ..... to be made between gas (or lng) and other fuel sources and is necessary because greater or lesser calorific values for gas can result in correspondingly greater or lesser economic values for that gas (where, typically, higher calorific values can make the gas more valuable as a commodity, because of its ..... . the payment to seller is made on the basis of measurement done at the delivery point in terms of gspa. under section 3 of cst act readwith section 7 of the vat act, natural gas is delivered at delivery point, i.e., gadimoga and quantity is ascertained with due movement to forward destination situated ..... transporter. the accounting of the gas shall be in energy terms and shall be based on gross calorific value as defined in iso 6976-1:1983(e). needless to say that aforesaid provision has got statutory force and there is no option with the shipper except to abide by the aforesaid ..... . (7)the accounting of the gas shall be in energy terms and shall be based on gross calorific value as defined in iso 6976-1:1983 (e)." 148. a combined reading of regulations 9 and 10 reveals that the shipper or buyer shall provide facilities including measuring equipments, required for .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-07-2012
..... and that there is no horizontal increase in the area. it is submitted that only height of the building has increased in 2010 plans, as compared to the earlier plans. the learned counsel further submits that the two division benches of this court in the case of grand paradi co-op. hsg ..... they have also undertaken to convey the right, title and interest in the property within the period mentioned in the agreement executed under section 4 of the maharashtra ownership flats act, 1963 (hereinafter referred to as mofa) and if no such period is mentioned in the agreement after the registration of the said ..... of the parties. 24. for considering the controversy, in question, it would be necessary to refer to certain provisions of the mofa. clause "m" of sub-section 2 of section 3 of the mofa reads thus: ??general liabilities of promoter- (1) .... (2) a promoter, who constructs or intends to construct such block or building ..... to the garden as well as the common passage and amenities belonging to the plaintiff-society. there has been certain correspondence between the plaintiffs and defendants thereafter. it is the contention of the plaintiff-society that after they pursued the matter under the right to information ..... of ground + one floor. the appellants have also placed on record a map which according to them is sanctioned by the corporation on 5th april, 1983 in which the layout does not show existence of any proposed s-5 building. however, the developer relies on the plan of the same date .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-21-2012
..... . nagraj obliges the high court that when a challenge is made to the reservation in promotion, it shall scrutinize the same on the given parameters and it also casts a corresponding duty upon the state government to satisfy the court about the exercise undertaken in making such a provision for reservation. the division bench did not advert upon this issue, nor ..... .p. 7. during the operation of notification dated 22.12.2009, by the impugned notification dated 1.7.2010 issued by his excellency, the governor under section 11 of the act, read with section 21 of general clauses act, the earlier notification dated 13.11.2003 was rescinded restoring the csm nagar. the notification dated 1.7.2010 is reproduced as under:- ??hindi ? 8 ..... 1; chief secretary to govt of andhra pradesh and another versus v.j. cornelius etc., air 1981 sc 1099; cotton corporation of india limited versus united industrial bank limited, air 1983 sc 1272; khoday distilleries limited and another versus registrar general, supre court of india, (1996)3 scc 114; a.r. antulay versus r.s. nayak and another, air 1988 sc ..... .1. c.a. 9 (hawai'i) 2003. a court determines whether an action is "legislative," for purposes of legislative immunity under $1983, by considering each of four non-mutually exclusive factors; (a) whether the act involves ad hoc decision making, or the formulation of policy, (2) whether the act applies to a few individuals, or to the public at large, (3) whether the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-19-2012
..... system, whereas, in respect of entertainment tax aspect, the taxable event is the entertainment in the content. 155. thus, a comparative reading of the provisions of the tamil nadu entertainments tax act in section 4-i and the provisions of other states, which were considered by the punjab and haryana, delhi, uttar pradesh and madhya pradesh ..... reads as "sanctioning of cinematograph films for exhibition. " 57. the entry dealing with taxation on entertainment under list ii entry 62 corresponds to entry 50 list ii of the government of india act, 1935. we do not think, the decision relied on would be of any assistance to the petitioners in this case, for, ..... w.b. v. rash behari sarkar) at para 4; (2000) 1 scc 557 (state of u.p. and others vs. kamla palace) at para 11; (1983) 3 scc 237 (malwa bus service (p) ltd. v. state of punjab at para 21 and air 1990 sc 913 (kerala hotel and restaurant association v. state of ..... raised were extensively considered and rejected in the above referred to decision. 81. this court also referred to the decision of the apex court reported in air 1983 sc 1098 (m/s.geeta enterprises and others v. state of u.p.) and held that the word 'entertainment' has been used in a wide ..... (the twyford tea co. ltd. & another v. the state of kerala & another) (iv) (2000) 1 scc 557 (state of up & another v. kamala palace0 (v) 1983 scc (3) 237 (malwa bus service v. state of punjab) (vi) air 1990 sc 913 (kerala hotel and restaurant association and others v. state of t.n) (vii) ( .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Oct-24-2012
..... the claimants or, if so, that their work was rated as equivalent with that of the male comparators and whether it will seek to prove pursuant to section 1(3) of the act, as substituted by regulation 2(2) of the equal pay (amendment) regulations 1983 (si 1983/1794), that any variation between the contracts was genuinely due to a material factor other than the ..... treated as so modified as not to be less favourable, and (ii) if (apart from the equality clause) at any time the woman's contract does not include a term corresponding to a term benefiting that man included in the contract under which he is employed and determined by the rating of the work, the woman's contract shall be treated ..... attached to the time-bar. at the time when the equal pay act was passed, section 26 of the limitation act 1939 (now section 32 of the limitation act 1980) provided for the deferral of the running of a limitation period under the general law in cases of fraud and concealment. there was, however, no corresponding provision applicable to equal treatment claims under the equal pay ..... act, even in cases of concealment. over the years parliament has introduced other grounds of deferral .....Tag this Judgment!
Court : Competition Commission of India CCI
Decided on : Oct-30-2012
..... of setting out an allegation of improper conduct with material particulars is applicable to any allegation of anti-competitive agreements made under section 3 of the act including section 3(3)(a) and 3(3)(b) thereof sought to be invoked in the present case which is patently wrong and ..... was noted that natural rubber is one of the major components in the cost of production of tyres. therefore, examination of the relation and corresponding movement of cost of production and natural rubber was undertaken by the dg. the weighted average of cost of production and natural rubber during ..... dg, it has been pointed out by atma that every tyre manufacturer offers products with identical specifications. the tyre ??brand commands significant visibility when compared to almost all other components fitted on vehicles. tyre production requires highly specialized knowledge and technology as also significant investment. tyre producers have to ..... changes in cost of production to leave a reasonable margin of profits and return on investment. 180. it has been argued that the chart in the report showing capacity utilization movement related to all tyres whereas the present investigation was confined to one particular truck tyre. it has ..... at para 25 as well as other decisions given in grindwell norton 1984 tax lr 2219, india foils 1984 tax lr2010, hindustan lever tomco 1983 tax lr 2443, where it has been held that price parallelism does not amount to cartel. it is however denied that the investigation report .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Principal Bench New Delhi
Decided on : Oct-31-2012
..... reasonable number. such reduction in the number of pay scales has to be achieved by resorting to broadbanding of posts by placing different posts having comparable job charts in a common scale. substantial reduction in the number of pay scales must inevitably lead to clubbing of posts and grades which were earlier different ..... finance. regarding (iii) and (iv) above, upgradation may be done by the ministries concerned in consultation with their integrated finance. section ii ( in rupees) sl.no. post present scale revised pay scale corresponding pay band and grade pay pay grade band pay para no. of the report 1. 2. 3. 4. 5. 6 ..... to implement the same. as noted earlier, in the present case the high court has not even made any attempt to compare the nature of duties and responsibilities of the two sections of employees, one in the state secretariat and the other in the central secretariat. it has also ignored the basic ..... see in this connection the observations of the constitution bench of this court in the case of d. s. nakara v. union of india, ( 1983) 2 scr-165: air 1983 sc 130). see also p. k. ramachandra iyer v. union of india, (1984) 2 scr 200: (air 1984 sc 541), where this court ..... proper reasons and without being conscious of the fact that fixation of pay is not their function. it is the function of the government which normally acts on the recommendations of a pay commission. change of pay scale of a category has a cascading effect. several other categories similarly situated, as .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-06-2012
..... judgment of the single judge of this court in the case of sonubaiyeshwant jadhav vs. bala govinda yadav and ors. air 1983 bombay 156 in which section 15 of the hindu succession act came up for consideration upon a challenge to section 15(2) thereof as discriminating between the heirs of the husband and the heirs of the wife by providing for and giving ..... missions. it was observed that the residents of union territories were given preferential treatment in admissions not only because that was their place of birth, but because those areas were comparatively backward and all those areas, except one, did not have a similar college of their own. it was, therefore, held that the discrimination was not ??only ? on the ground of ..... the enactment of the act in 1956 the capacity of a hindu male to take in adoption was absolute and of a hindu wife to take in adoption was not. similarly section 14(2) of hama dealt with more than one wife in view of the prevalent polygamy in the hindu society at the relevant time without the corresponding provision in case of ..... more than one husband since there was no polyandry even then in the hindu society. 44. the enactment of the act went thus far. though it .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Nov-22-2012
..... appellants to allot a two bed room flat in the first floor of the multi storeyed building constructed by them in the land bearing corporation no.21 corresponding to new no.19, melvelle house grounds, palace cross road, bangalore-560 020 bounded on the east by k.t. apartments, west by plot ..... appellants to allot a two bed room flat in the first floor of the multi storeyed building constructed by them in the land bearing corporation no.21 corresponding to new no.19, melvelle house grounds, palace cross road, bangalore-560 020 bounded on the east by k.t. apartments, west by plot ..... examined is if housing construction or building activity carried on by a private or statutory body was service within the meaning of clause (o) of section 2 of the act as it stood prior to inclusion of the expression 'housing construction' in the definition of "service" by ordinance no. 24 of 1993. as ..... in rendering of service of particular standard, quality or grade. such deficiencies or omissions are defined in sub-clause (ii) of clause (r) of section 2 as unfair trade practice. if a builder of a house uses substandard material in construction of a building or makes false or misleading representation about the ..... .18, 19, 20 and 29 at melvelle house grounds, palace road, bangalore and was managing same on behalf of the original owner narayana reddy. in 1983, a partnership firm, namely, m.m. foundation was constituted to develop the property bearing no.19 at the request of original owner. respondent was one of .....Tag this Judgment!