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 : 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!
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 : 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 : Delhi
Decided on : Sep-10-2009
Reported in : 2009(41)PTC197(Del)
..... 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 ..... discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that it is likely to be caused to the other side if the injunction is granted. if on weighing competing possibility or ..... 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 ..... 1999 to 13.12.2006 and from 13.12.2006 onwards which have no doubt been filed beyond the period of extension of time under section 25 of the act. the said renewal applications are pending in the trade mark office. it is alleged that the plaintiff company filed a writ petition bearing w ..... mark alleged in the plaint. it is urged that this court has no territorial jurisdiction to entertain and try the present suit under section 134 of the trade marks act.23. per contra, the plaintiff asserted that the question with regard to jurisdiction is a triable issue which requires determination and evidence .....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 : Supreme Court of India
Decided on : Apr-15-2009
Reported in : 2009AIRSCW3505; 2009(57)BLJR1844; 2009LC(SC)283; JT2009(6)SC282; 2009(5)SCALE611; 2009(5)LC2500(SC)
..... rates including fuel surcharge. it has been stated that in the case of defective meters and meterless consumers, though bills are raised, the corresponding quantum of power sold cannot be determined. hence the assessed revenue (in accordance with the board's tariff) is treated as the basis for ..... of account should after meeting expenses 'leave such surplus as state government may, from time to time, specify'. the section was amended again in 1983 and as per the 1983 amendment the board is supposed to adjust its tariff in a manner so as to ensure that the total revenues ..... had taken the stand that the incremental rise in 1996-97 over the 1991-92 base year from other sources including tvnl was less compared to dvc or ntpc. high court did not appreciate this logic. increase in the unit rate has been similarly worked out in the ..... the basis of metered sales the rates would be considerably higher than already determined by the board. this would be evident from the following chart:sl. particulars july 93 1994-95 1995-96 1996-97march 94_________________________________________________________________________1. amount recove-rable as fuel 9536.09 16328.20 28431.10 53385. ..... court held that except in cases where it becomes necessary to fix the price separately in relation to individuals, price fixation is generally a legislative act, the performance of which does not require giving opportunity of hearing. following passage from the judgment may usefully be noticed:legislative action, plenary or .....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 : Delhi
Decided on : Jan-23-2009
Reported in : 156(2009)DLT725
..... on grounds other than those specified under article 19(2).the supreme court in lic v. manubhai d. shah (prof.) : 3scr595 observed as under:23. every right has a corresponding duty or obligation and so has the fundamental right of speech and expression. the freedom conferred by article 19(1)(a) is, therefore, not absolute as perhaps in the case ..... tobacco or smoking has found prohibition in terms of notification dated 06.12.1991 of the ministry of information & broadcasting in exercise of powers conferred under sub-section (2) of section 5b of the cinematograph act, 1952. thus, the board of film certification is to be guided by the various principles set out therein and it is duty bound to ensure that '( ..... tex. app. dallas 715 s.w. 2d 398. false and deceptive advertising is regulated by the federal trade commission and similar state agencies. see also printers ink statute.comparative advertising. advertising that specifically compares the advertised brand with other brands of the same products.competitive advertising. advertising that contains basically little information and is used only to allow a producer to maintain ..... of this notification shall be categorized as 'old films'.explanation (2).- for the purpose of this sub-rule, 'foreign film' implies 'imported' as defined in the cinematography (certification) rules, 1983.(6a) in case of old indian and foreign films, the owner or manger of the cinema hall or theatre where the film is being screened shall ensure that anti tobacco .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-29-2009
..... , it is necessary for us to refer to relevant portion from the said judgment which reads thus:22. ... on a comparative study of the provisions of act 26 of 1986 and act 16 of 1988, the functions of the commissionerate and the functions of the state council well nigh are the same except to ..... by the kea and that they should allocate seats as per the fee fixation made by it (the fee fixation committee). in this regard, the correspondence made by the note trust through letters with the state government, are produced. the further case of the university is that the kea issued the ..... in law.30. another legal contention urged by the learned senior counsel is that exercise of power by the central government under section 3 of the ugc act, which act is enacted by parliament from entry 66 list-1 of vii schedule of the constitution of india is not subject to or controlled ..... which is the policy of the state government to discharge of their constitutional obligation towards the students of socially and educationally oppressed class and weaker sections of the society who have been neglected from ages who are in a disadvantageous position in the society and therefore the state government has to ..... the decision of the constitutional bench of the supreme court in the case of sanjeev coke mills v. bharath coke mills ltd. reported in : air 1983 sc 239, relied upon paragraph no. 11, he submits with reference to additional prayer of the educational institutions in the amendment application is not supported .....Tag this Judgment!