Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Oct-11-2012
..... its obligations. (g) it is a well settled principle of law that a valid contract also exists between the parties by way of their conduct under section 8 of the contract act. the various correspondences showing the conduct of the appellant have been taken into consideration by the state commission and on that basis, the state commission gave a finding that there ..... concludes that the loi placed by the petitioner was neither accepted vide letter dated 30thapril, 2004 in a manner which is absolute and unqualified as required under section 7 of the indian contract act nor the correspondence on record establish acceptance by conduct as contended by the petitioner. as such, no concluded contract had emerged. the petition for adjudication of dispute under ..... respondent that there is no concluded contract between the parties in absence of acceptance in terms of loi stands dismissed. 28. counsel for the respondent has further contended that correspondence to the petitioner by the respondent was solely made for the purpose of maintaining cordial relations with the petitioner. according to counsel for the respondent, the matter was inchoate ..... .2009 ref:this office letter no.pt/kct-mp tradeco/2506/ /2009-10 dated 25.06.2009 in continuation to our above referred letter, please find enclosed statement showing comparative rates quoted by power traders against subject cited tender enquired opened on 08.07.2009. thanking you and assuring you our best services at all times to come. yours faithfully .....Tag this Judgment!
Court : Kerala
Decided on : Sep-14-2012
..... be turnover in respect of such goods. 11. a comparative analysis of the provisions contained in the kgst act which were considered by this court in prs hospital's case and the aforesaid corresponding provisions of the kvat act show that the statutory provisions remain the same although the kgst act has been replaced by the kvat act. therefore, the principles laid down by this court ..... hospitals and compel them to take registration under the act. as a consequence, petitioners are also seeking to quash the notices, and other proceedings issued ..... to declare that hospitals are not liable to take registration and pay tax under the act for the supply of medicines and other items meant for treatment. the second prayer, which was urged as an alternative one, is to declare that section 6 of the act and the corresponding rules are ultra vires and unconstitutional to the extent it seek to impose tax on ..... involve buying and selling, is no reason to hold that the hospital is a dealer since the hospital is not engaged in any business within the meaning of section 2(vi) of the kgst act. it was argued that the predominant object of a hospital is not to do business and the various services rendered in the hospital are non business activities .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Sep-12-2012
..... no complaint in writing has been made. 26. the petitioner in support of its case has examined mr. harish reddy, who as noticed heretobefore, has been making correspondences with mr. parveer gaur of the respondent. in his deposition, the said witness stated :- 5. as the respondent was not making payments in terms of the ..... witness10,25,00,000/-ratio/comparative value5.75 cr x 100=56.09% 10.25 crratio of values as given by petitioners witness gwalior, allahabad, lucknow saharanpur, palampur0.75 cr x 56 ..... that it was so. 42. in a situation of this nature, the burden of proof being on the petitioner in terms of sections 101 and 102 of the indian evidence act, there cannot be any doubt or dispute that it was obligatory on its part to bring on record the channel placement mapping. 43 ..... bhopal and jaipur4.67 l x 1 =4,67,000/-total pro-rata adjustment in terms of invoices of the petitioner59,51,000correctness of the said chart is not in issue. 45. a purported admission made by an employee without adequately verifying the record may or may not be conclusive; it would depend ..... the pro-rata amount in respect of some locations, the channels of the respondent having not been placed in the proper frequency. in this regard, a chart has been submitted by mr. bhagat which reads as under:- pro-rata calculation agreement value5,75,00,000/-total value of breakup as per petitioner .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-24-2012
..... the rights of a transferee for joint possession and the dominant purpose of the second paragraph of section 44 of the act, there is danger of an injury or violation of the corresponding rights of the other members of the family and an irreparable harm to the plaintiff and the ..... ilr 30 all. 324. that was concerned with the meaning of the phrase "dwelling house belonging to an undivided family" in section 4 of the partnership act, 1832. that section provides that where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is ..... from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63, succession act. the onus of proving the will is on the profounder and in the absence of suspicious circumstances surrounding the execution of the ..... ) the relevant portion of the will has already been extracted above. even otherwise also, the execution of will as required under section 68 of the evidence act by calling at least one of the attesting witnesses has not been proved. photostat copy of the will would show that the ..... court's interference is necessary to protect the interest of the plaintiff. since the relief of an interim injunction is all the same an equitable relief the court shall also consider whether the comparative .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Jul-27-2012
..... 1997, the discharge summary has an entry, 14.07.1997 - aqueous andvitreous tap sterile? and also of 19.07.1997 vitreous tap sterile? though the corresponding entry in the treatment chart of 19.07.1997 is of aqueous tap being taken, not vitreousno record any intravitreal (i.e., posterior chamber vitreous cavity of the eye)injection at all. ..... (xv) the patient was discharged on 22/(23?).07.1997, according to the discharge certificate with medication and follow-up at the opd. 11. we may now compare the treatment given and the recommended/standard protocol as per the medical literature cited by the appellant/jipmer: ad>sr. no.standard protocolactual treatment1.preventioni. treatment of pre-existing ..... intravitreal antibiotics. the most important risk factor was poor initial vision. twenty three percent of patients with visual acuity of light perception only achieved 20/40 final vision compared to 64 percent of those with initial vision more than light perception. treatment details 10. with this background of medical literature, we may now look into the ..... currently recommended antibiotics are either amikacin or ceftazidime for cover against many gram-positive and gram-negative organisms, and vancomycin for coagulase-negative and coagulase-positive cocci. amikacin acts synergistically with vancomycin but is potentially more retinotoxic than ceftazidime, which is not synergistic with vancomycin. a. intravitreal antibioticsshould be given after the culture specimens have been obtained .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : May-30-2012
..... . the revenue gap has increased to rs0.44/ kwh. d. since the bst has not increased correspondingly, the licensees are enjoying cross subsidy to the tune of 11.25% to 16.75% as compared to the average cost of supply. e. as and when the cost of purchase of power is increased ..... their existing efficiency level. c) though there has been an increase in the cost of power since the year 2007, there had been no correspondent increase in the bulk supply tariff. the surplus generated by the small licensees including the appellant is mainly on account of low power purchase cost ..... power by the board by the liquid fuel power stations, power exchanges and short term markets. retail supply tariff for the licensees was not recovered corresponding to the increase in the bst since based on the submission of the licensees themselves, most of them have substantial revenue surplus over and above ..... the bulk supply tariff at a flat rate applicable to different licensees in their respective areas of distribution? ,b) whether the parameters laid down in section 61 of the act should not be followed?, c)whether, more particularly, criteria such as costs, expenses, availability of power, consumer base, consumer mix, efficiency of ..... shall be revised in line with increase in power purchase cost of the kseb. 11. now, the board has appended to the replies a few charts/tables common and applicable to all the appellants in support of justification of increase in bst by 15% in energy charges and hence, before going to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-03-2012
..... , the balance of convenience and irreparable injury, and the grant of such injunction is not barred under section 41 of the specific relief act, the court may exercise discretion to grant the relief. but, while doing so, it is always safe to consider the comparative mischief and hardship that might occasion to the defendant. even if there is more hardship to the defendant ..... in damages recoverable in the action if the uncertainty were resolved in his favour at the trial, but the plaintiffs need for such protection must 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 under ..... wakf tribunal. now we will consider the three issues addressed by the counsel. prima faciecase all the wakfs created before or after commencement of it are governed by the wakf act. section 2(r) contains means as well as inclusive definition of the wakf. any dedication of movable or immovable property for pious, religious or charitable purposes shall be wakf. a property ..... protect the party from the species of injury. in other words, irreparable injury or damage would ensure 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. further, while reiterating .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-03-2012
..... , the balance of convenience and irreparable injury, and the grant of such injunction is not barred under section 41 of the specific relief act, the court may exercise discretion to grant the relief. but, while doing so, it is always safe to consider the comparative mischief and hardship that might occasion to the defendant. even if there is more hardship to the defendant ..... in damages recoverable in the action if the uncertainty were resolved in his favour at the trial, but the plaintiff's need for such protection must 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 under ..... tribunal. now we will consider the three issues addressed by the counsel. prima facie case all the wakfs created before or after commencement of it are governed by the wakf act. section 2(r) contains 'means as well as inclusive' definition of the wakf. any dedication of movable or immovable property for pious, religious or charitable purposes shall be wakf. a property ..... protect the party from the species of injury. in other words, irreparable injury or damage would ensure 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". further, while reiterating .....Tag this Judgment!
Court : Delhi
Decided on : Mar-30-2012
..... or services provided by the activity; business records means all records of business information and other date (wherever situated) n and all books, files, registers, documents, literature, correspondence and other records of the activity transferor owned or used or intended for use in connection with the activity at the completion date, in each case whether in writing or ..... carrying on the transmission and distribution business by the assessee, which was hitherto being carried out by the transferor, without any interruption. the aforesaid intangible assets are, therefore, comparable to a license to carry out the existing transmission and distribution business of the transferor. in the absence of the aforesaid intangible assets, the assessee would have had to ..... built by a person / company / business concern over a period of time. regard being had to the wider expansion of the definition after the amendment of section 32 by the finance act (2) 1998 and the auditor's report and the explanation offered before the assessing officer, we are of the considered opinion that the tribunal is justified in ..... it has been historically explained as growing and crystallizing traditions in the business. it has been described in terms of a magnet as the "attracting force:. in terms of comparative dynamics, goodwill has been described as the "differential return of profit". philosophically it has been held to be intangible. though immaterial, it is materially valued. physically and psychologically, .....Tag this Judgment!
Court : Orissa
Decided on : Mar-20-2012
..... to be provided by the state government 9. it would be worthwhile to extract the relevant facilities which are being provided by some other high courts as per the comparative tabular chart annexed by the petitioner-association under annexure-2 series to the writ petition. facilities extended to the retired judges in different high courts name of high court. medical ..... have sought for clarifications/detailed information on certain points, more particularly on andhra pradesh pattern of extending such facilities and allowances. therefore, the o.p. no.2 is in correspondence with the registry of hon ble high court of andhra pradesh. it is further submitted that the government of orissa is very much concerned with the facilities to be provided ..... retirement, all the high court judges and chief justices are governed under the provisions of the high court judges (salaries and conditions of service) act, 1954. the central government, under section 23-d(1) of the said act, has extended the medical facilities under the central government health scheme (cghs) to the retired judges of the high courts, wherever these facilities ..... a dignified & happy retired life of their remaining period for having rendered service to the public litigant and facilitated the state government for good governance. however, from the chart pre-page, it is seen that various state governments are providing medical facilities and other allowances in different manner to the retired high court judges of their state. vide .....Tag this Judgment!