Court : Mumbai
Decided on : Dec-06-2006
Reported in : 2007(2)BomCR102
..... that while the workmen in colgate work for 192hours, their counterparts in hll work for 208 hours. the challenge to the award on the ground that the tribunal failed to compare the corresponding categories of workmen in colgate and in hll mustexfacie be accepted. in para 53 of its award, the tribunal reflected an awareness of the necessity 'to know the exact ..... be constituted to collect all the requisite details from colgate palmolive and for fixation and revision of scales.the industrial tribunal which adjudicates upon a wage reference under section 10 of the industrial disputes act, 1947 has to perform the task of adjudication and it does not require an elaborate line of reasoning to establish that the function of adjudication cannot be ..... not provided adequate evidence in regard to actual fixation of salary, the span and total wage packet in each of the concerned categories of colgate. the tribunal while rejecting the chart for wage fixation proposed by the union came out with the following suggestions:with the conclusion supra, i would like to suggest that either court of inquiry, or the ..... all wage packet and the consequential burden that would be placed on the employer. the circumstance in which pensionary benefits came to be introduced by the settlement of 17th september 1983 constitutes important background material as does the object and purpose of theprovision. protecting pensionary payments from erosion consequential to the increase in the cost of living, is an important .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-23-2006
Reported in : 2007(1)ALD211; 2007(2)ALT697
..... fixation of the alternative land proposed for allotment to them. this letter discloses that the sarmas have a continuous and uninterrupted access to all the correspondence between the collector and the commissioner of land revenue. 11) on 3.7.99 the special officer and competent authority, urban land ceiling, hyderabad ..... the state and asserting that they are willing to forego the value of the structures on the land acquired. from the sequence of the correspondence above it is reasonable to infer that the sarmas were within the information loop regarding all the discussions and consultations that took place between ..... the division bench concluded that the concept of providing alternative land to a person interested, in lieu of his land acquired is not alien to the act and section 31 (3) and (4) do provide for such an alternative to compensation. relying on the observations of the supreme court in state of u. ..... extra amount. the letter of the sarmas dated 26.5.98 appears to have been referred to the district collector for a report on the comparative values. the district collector thereupon, after obtaining a report from the mro, shaikpet, addressed a letter dated 20.6.1998 to the special ..... the 1st respondent's counter-affidavit, it is pleaded as under:it is submitted that the government once again issued notification under section 4(1) of the act for acquiring land admeasuring 6184 sq.mtrs for the purpose of developing bapughat memorial situated at langer house, hyderabad wherein the name .....Tag this Judgment!
Court : Guwahati
Decided on : Nov-14-2006
..... deputy commissioner, such appeal must be preferred within 30 days from the date of decision excluding the time required for obtaining a copy of the decision. however, there is no corresponding period of limitation prescribed by pararaph 1 of rule 36-a for a revision petition to be preferred before the high court or the deputy commissioner. in the absence of ..... written objection against the prayer for condonation. the first point for determination is whether there is a period of limitation for revision under rule 36-a. in my opinion, a comparative reading of the provisions of appeal and revision mentioned in rule 36-a of the administration of justice etc. (khasi and jaintia hills) rules 1937 will show that there is ..... learned assistant to deputy commissioner, shillong in ts 2(t) 1993. after filing the application, apparently as a matter of abundant caution, the petitioner filed this application under section 5 of the limitation act, 1963 for condoning a delay of 7 days in filing the said application.2. i have heard mr. k. khan, the learned counsel for the petitioner and mr .....Tag this Judgment!
Court : Chennai
Decided on : Sep-08-2006
Reported in : LC2007(1)11; (2006)4MLJ1769; 2006(33)PTC703(Mad)
..... compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. the ..... protect the party from the species of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and (3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting it.'d) in mahadeo ..... learned single judge in granting injunction restraining the appellant from using the trade mark 'milky way' is contrary to law and in particular the provisions contained in section 29 of the trade and merchandise marks act, and while granting the said order the principle of balance of convenience had not been carefully considered.b) that well settled principles established by the decisions ..... 'milky way' is registered in india under no. 3686, dated 19th, august, 1942, in class 30, in respect of chocolates and sweet meats and under no. 400610, dated 27th january, 1983, in class no. 30, in respect of confectionery biscuits and chocolates. the registration have been duly renewed and they are still valid and subsisting. the applicant had also applied for .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : Sep-01-2006
..... accounts cadre on the one hand and accounts posts in the directorate of sugar on the other. in the counter reply it was emphasised that the channel of hierarchy in the organized accounts cadre were materially different.the post of section officer (accounts and statistics) in the ..... not applicable to the pay of section officers (accounts & statistics) in the directorate of sugar. while granting these scales to various posts, due consideration was given to the fact that granting pay revision did not disturb the existing vertical and horizontal relativity of the cadre. the respondents in their counter-reply have also given comparative chart of hierarchy in the organised ..... in pursuance to the recommendation of the vth central pay commission contained in para 83.235 of its report. keeping in view the fact that the pay scales of the corresponding categories in various organised accounts cadres have traditionally been at par with the government of india, ministry of finance and company affairs, department of expenditure decided that the dispensing ..... with pay scales without 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 well as those situated as .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Chandigarh
Decided on : Jul-31-2006
Reported in : (2007)112TTJ(Chd.)572
..... portion of it was also allowed to be carried forward. it would be relevant to note here that brought forward unabsorbed depreciation of rs. 35,79,113 corresponded to various assessment years starting from the asst. yr. 1985-86 and inclusive of and upto the assessment year immediately preceding i.e.1995-96. the ao ..... asst. yr. 1996-97.2. the only issue in this appeal involves the efficacy or otherwise of an order passed by the ao under section 154 of the it act, 1961 (in short 'the act'), dt. 30th march, 2001 for the asst. yr. 1996-97. the ao has by way of present proceedings attempted to modify the ..... 1.2 of its order has made out a chart showing the computation of loss, unabsorbed depreciation, etc.for various years as determined by the ao in its order dt. 17th april, 1995 and compared it with that determined by the ao in the impugned order passed under section 154 dt. 30th march, 2001. on the ..... concerned, the same has become final inasmuch as it was beyond the power of the ao to rectify the same under section 154 of the act since the time-limit of four years as prescribed under section 154(7) had elapsed. the ao, by doing the present order, has indirectly done what could not be done directly ..... , there is no substance in the appeal of the revenue.undisputedly, the rectification made by the ao by way of the impugned order passed under section 154 of the act has been made with reference to the asst. yr. 1996-97, yet in sum and substance, what is proposed to be rectified is unabsorbed .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-26-2006
Reported in : RLW2006(4)Raj3400
..... of rs. 5500-10500 to the post of technical assistant. the government thereupon called for further details from the chief engineer who submitted a comparative chart of both the posts indicating the procedure for recruitment, minimum educational qualification, earlier pay scale, revised pay scale. the chief engineer vide letter ..... qualifications prescribed for appointment and the functional responsibilities and therefore commission recommended that these posts may be placed in the replacement scale of pay corresponding to rs. 2000-3599 in place of 1640- 2900. it was pursuant to acceptance of such recommendation of the fifth pay commissioner by ..... matters with restraint and interfere only when they are satisfied that the decision of the government is patently irrational, unjust and prejudicial to a section of employees and the government while taking the decision has ignored factors which are material and relevant for a decision in the matter. even ..... help of which he has contended that two posts were always in the similar scale of pay in the pay scale rules, 1969,1976, 1983, 1987 and 1989. it was for the first time that under the rules of 1998 the state government granted the scale of rs. ..... p.v. hariharan and anr. : 2scr1050 while examining similar question, observed as under: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 well .....Tag this Judgment!
Court : House of Lords
Decided on : Jul-12-2006
..... property but which stated that it was written "without prejudice to liability". this letter, taken together with previous correspondence, was held to amount to a relevant acknowledgment within the meaning of section 10(1) of the prescription and limitation (scotland) act 1973 of the subsistence of an obligation to make reparation which would otherwise have been extinguished by the five year ..... liability.' the rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence. a competent solicitor will always head any negotiating correspondence 'without prejudice' to make clear beyond doubt that in the event of the negotiations being unsuccessful they are not to be referred to at the subsequent trial. however, ..... to the scottish judges, including my noble and learned friend lord hope, it goes too far. there is nothing in the modern english authorities to encourage a dissection of correspondence or, still worse, conversations, to ascertain whether admissions of fact were made hypothetically or without qualification. it has frequently been said that the purpose of the rule is to ..... not been overruled or disapproved, so the proposition to which the authors refer must be read subject to the qualification that is set out in that case. this brief comparative exercise shows that, while there may be room for some difference of view as to the application of that qualification in particular cases, the general approach which is taken .....Tag this Judgment!
Court : Delhi
Decided on : Jul-03-2006
Reported in : 2006(3)ARBLR12(Delhi); 2006(90)DRJ638
..... being sold at lower prices for subsequent contracts relating to the period when respondent had to pick up supply. the respondent cannot negate its commercial obligations without corresponding liability. it is the respondent who was guilty of the breach of contract, which was found to be justified even by the arbitrators and, thus, the ..... the arbitrator. the arbitrator is a judge chosen by the parties and his decision is final subject to the scope of scrutiny under sub-section 2 of section 34 of the said act. the expanded jurisdiction of scrutiny by the court as enunciated in the judgment of the apex court in oil and natural gas corporation ..... witnesses of the petitioner. in view of this comparative table, i am of the considered view, that it is this figure of losses of usd 3,75,000 which has to be accepted. however, ..... linked to the same which arises is as to what is the extent of losses which the petitioner has suffered. the facts, the rates and the comparative table of the two contracts show that the petitioner has suffered losses of usd 3,75,000. this is also confirmed in the affidavits of the ..... even other grades of ore. however it is not in dispute that the grades of ore in question are also mentioned in the said contract. a comparative table has also been given as to the net effect in loss to the petitioner arising there from. the arbitral tribunal has however refused to consider .....Tag this Judgment!
Court : Guwahati
Decided on : May-24-2006
..... for promotion being merit cum seniority, the learned tribunal could not have proceeded on the basis that alteration of the seniority of these two candidates would be reflective of corresponding variation in merit as well. in other words, assuming that the committee being aware of the bench mark for promotion had accordingly placed the petitioner above the respondent no ..... in the post of enforcement inspectors, having regard to the prescribed criteria for promotion and in absence of any indication on records that respondent no. 6 was superior in merit compared to the petitioner, in my considered opinion, preference to him (respondent no. 6) for promotion qua the petitioner cannot be sustained in law. in that view of the ..... tribunal for promotion of the petitioner and respondent no. 4 as imaginary rendering the conclusions relating thereto perverse. there exists no basis to antedate promotion of respondent no. 4 compared to the petitioner, the learned counsel contended. mr. chaliha to reinforce his arguments placed reliance on the decision of apex court in direct recruit class-ii engineering officers' ..... 4. thereafter taking note of the provision of the assam scheduled caste and scheduled tribes (reservation of vacancies) act, 1978 (hereafter referred to as the reservation act) and the assam scheduled caste and scheduled tribes (reservation of vacancies in service and posts) rules, 1983 (hereafter referred to as reservation rules) it held that shri hemen neogi, respondent no. 7 at sl. .....Tag this Judgment!