Court : Supreme Court of India
Decided on : Jan-07-2000
Reported in : AIR2000SC534; JT2000(1)SC61; (2000)IIMLJ50(SC); 2000(1)MPHT501; 2000(1)SCALE49b; (2000)1SCC679; 1SCR77
..... was wrong. therefore,17. for the reasons stated above we are of the considered opinion that the high court in the second appeal erred in law by setting aside concurrent findings of facts of the courts below by re-appreciating the entire evidence on record.18. in result appeal is allowed ..... suit premises.15. without considering whether the two questions framed by the learned single judge of the high court in second appeal were substantial questions of law or not, we find that these two questions were framed contrary to the judgments of the courts below. mr. satish chandra, learned senior counsel ..... ram prasad raja v. nand kumar & bros. and anr., .10. the learned single judge of the high court while formulating first substantial question of law proceeded on the basis that the plaintiff-landlord admitted that there were number of plots, shops and houses in his possession. we have been taken through ..... counsel for the respondent.7. the learned counsel mr. sanghi for the appellant has urged that the high court in the second appeal erred in law by setting aside the concurrent finding of fact of the courts below by re-appreciating the evidence on record. in this connection learned counsel has placed ..... the defendant-tenant.4. the high court in the second appeal framed the following two questions which according to the high court were substantial questions of law.(i) 'whether in view of the fact that the respondent admitted that there are number of plots, houses and shops in his possession, the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-28-2000
Reported in : AIR2000SC2676; 2000(5)ALT39(SC); JT2000(8)SC347; 2000(5)SCALE348; (2000)6SCC659; Supp2SCR20; 2000(2)LC1250(SC)
..... passing a decree in terms thereof what is enforced is the award itself which crystallise the rights of parties under the indian contract act and the general law to be paid for the work executed and not any right arising only from the objectionable contract. it is useful in this connection to refer to ..... air 1951 mad. 683 that was a case wherein an award came to be passed by an arbitrator on an oral reference or submission made. unlike the law in force prior to the arbitration act, 1940, the said act in section 2(a) defined an arbitration agreement to be one made in writing to ..... injunction to restrain the defendants from using the plaintiff's trade mark/name was based upon the statutory rights under the trade marks act and on common law principles of tort applicable to passing off actions and not under the unregistered partnership agreement.8. the persistent plea made on behalf of the appellant before ..... the cause of action for the suit was not the agreement of tenancy which lapsed by efflux of time but really one arising under the general law and transfer of property act it was held that the bar of suit or other proceedings based upon the lack of registration of the firm does ..... various objections, one of which was based upon section 69 of the partnership act, and the trial court appears to have framed a preliminary issue of law under order 14 rule 2, cpc, for decision as follows:whether the proceedings regarding making the award rule of court are maintainable as the non-applicant .....Tag this Judgment!
Court : Delhi
Decided on : Jan-21-2000
Reported in : 2000IVAD(Delhi)104; AIR2000Delhi320; 2000(54)DRJ415
..... militate, either, against the concept of democracy or the method of electing or removing the representatives. the recall of an elected representative. thereforee, so long it is in accordance with law cannot be assailed on abstract notions of democracy.'12. in ram beti vs . district panchayat raj adhikari and others : air1998sc1222 the court considered the power of removal of pradhan ..... domain of legislative power. 'under a constitutional provision authorizing municipalities of a certain population to frame a charter for their own government consistent with and subject to the constitution and laws of the state, and a statutory provision that in certain municipalities the mayor and members of the municipal council shall be elected at the time, in the manner, and ..... no confidence motion is permissible in the absence of any provisions in the act or the rules and office bearers can only be removed in accordance with the provisions of law and the rules framed thereunder. the supreme court in mohan lal tripathi vs . district magistrate, rai bareilly and others, : 3scr338 also considered the question of removal of ..... affidavit has been filed on behalf of respondent no. 1. the institute of chartered accountants of india (for short icai) where preliminary objections have been taken and necessary provisions of law have been stated. paragraph 2 of the counter affidavit may be reproduced as below :- '2. before giving paradise reply to the paragraphs on merits the deponent desires to make .....Tag this Judgment!
Court : Delhi
Decided on : Jul-06-2000
Reported in : 2000(3)ARBLR8(Delhi); 86(2000)DLT748; 2000(54)DRJ824
..... that it was improperly procured or otherwise invalid has to make an application. we may also refer to s. 32 which lays down that 'notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the exist- ence, effect or validity of an ..... state of kerala and another, : 1997ecr785(sc) , in which the court dismissed the appeal before the high court as time barred and observed as follows: 'law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so pre- scribe and the courts have no ..... so is the award. if, there- fore, a party wishes to avoid the effect of the agreement or award, he must strictly comply with the provisions of law. in ebrahim kassam vs . northern indian oil industries ltd., : air1951cal230 an objection to the award was filed in time but the additional ground on which the ..... 'the court has further an inherent power to set aside an award which is bad on its face: either as involving an apparent error in fact or law, or as not complying with the requirements of finality and certainty. the inherent power to set aside also extends to an award which exceeds the arbitrator's ..... are wide enough to include the jurisdiction of the court to deal with matters covered by those sections `suo motu'. it would appear that under the english law the court has a similar power to set aside an award, apart from the motion made by the parties in that behalf. for russell, while dealing .....Tag this Judgment!
Court : Delhi
Decided on : Mar-03-2000
Reported in : 2000IIAD(Delhi)749; AIR2000Delhi459; 85(2000)DLT163; 2000(54)DRJ471
..... application/affidavit for grant of leave to defend at a very late stage, this decision is supportive of two propositions viz. (a) that limitation laws are not inviolable and (b) that this is certainly so where purely legal pleas are in contemplation. 14. as in the case of ..... a full benches of the high court of andhra pradesh in bhoganadham seshaiah vs . budhi veerabhadrayya (died) & ors., : air1972ap134 has succinctly paraphrased the law in the following words: 'there is no reason to make any distinction between cases to which section 48, civil p.c. or article 182 applies ..... him by lapse of time, yet there are cases where such considerations are outweighed by the special circumstances of the case.' 11. the decision in allahabad law journal co. ltd. vs . m/s. skyways construction corporation & ors., : air1992delhi9 is an authority for the proposition that amendments to pleading can ..... be introduced by amendment after the statutory period of thirty days, cannot be entertained, unless these are merely elucidatory in nature. 10. the law relating to amendments of pleadings no doubt encourages a liberal approach by the court. amendments have always been allowed unless it places the opposite party ..... in that regard, we do not think there is any impediment to grant the same by bringing decree of subordinate court in conformity with law, namely, by awarding appropriate interest. the learned counsel for the appellant relied upon several decisions of this court to state the proposition that such .....Tag this Judgment!
Court : Gujarat
Decided on : May-18-2000
Reported in : [2000(87)FLR239]
..... merits of the matter and has come to the conclusion that the services of the respondent workman was wrongly terminated by the petitioner without following the procedure prescribed under the law. as regards the charge of misappropriation and dishonesty, the tribunal has observed that no departmental inquiry was initiated against the respondent and the tribunal has considered that even if the ..... has admitted that the shortage of rs. 800/- will be paid by the respondent workman within two weeks. he has, therefore, submitted that the tribunal has committed gross error in law and facts in directing the petitioner to reinstate the respondent workman. 4. on the other hand, learned advocate mr. clerk appearing for the respondent workman has pointed out that the ..... ltd. mazdoor sabha reported in air 1980 sc 1896, the apex court has observed that the matters and the servants cannot be permitted to play hide and seek with the law of dismissals and plain and proper criteria are not to be mis-directed by terminological cover ups or by psychic process but must be grounded on the substantive reasons for .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-07-2000
Reported in : 2001(1)WLC538; 2001(1)WLN461
..... , it will have to be ascertained whether all these posts have been reserved for female candidates and what is, in fact, reservation. article 14 of the constitulion promises equality before law. article 15 prohibits discrimination only on the ground of sex etc. but further provides that nothing in the said arlicie snail prevent the state from making any special provision for .....Tag this Judgment!
Court : Rajasthan
Decided on : May-09-2000
Reported in : 2000(2)WLC643; 2000(3)WLN78
..... the nabard being in the nature of guidelines the promotions made by the bank cannot be set aside unless the same are arbitrary and unfair. it is settled proposition of law that even while making promotions on the basis of seniority cum merit the totality of the service record of the officer concerned has to be taken into consideration. in the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-29-2000
Reported in : 2000(4)CTC163
..... fingers crossed, stating that final report had already been filed. it appears, even the concerned judicial magistrate had not looked into the provisions of the law, but simply took cognizance of an offence under section 498-a, i.p.c. in c.c.no.478 of 1999. i feel, to ..... and it is doubtful whether the death is an accidental death or homicidal death camouflaged as accidental death. the investigating officer has abused the process of law in filing the chargesheet for the offence under section 498-a, i.p.c. only, when the investigating officer had come to the conclusion ..... further investigation. while so, the third respondenthad hurriedly closed the investigation on 15.5.1999 and filed chargesheet againstthangapandi, his sister pandeeswari and his brother-in-law pondidurai for the offences under section 498-a, i.p.c. 5. poonkodi died within two years of the marriage, and therefore, revenue divisional officer ..... obtained from poonkodi. after the child was handed over to the petitioner, poonkodi. informed her father that her husband, his sister and his brother-in-law set fire to her by pouring kerosene on her and after admitting into the hospital, she was threatened by her husband that if she reveals the ..... 20.1.1997. later, the matrimonial life of poonkodi was not happy. thangapandi, his sister pattu pandeeswari and his mother mala and his brother-in-law pandidurai were demanding dowry. in fact, they demanded a motor cycle, a colour television and rs.20,000 from poonkodi toward dowry. on 5.4. .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-17-2000
Reported in : (2000)2CALLT254(HC),2000(1)CHN688
..... upon by mr. roychowdhury, the apex court was considering the doctrine of blending. the principle of blending is that where a member of a joint hindu family blends his self-acquired property with property of the joint family, either by bringing his self acquired property into a joint family account, or bringing ..... court specifically held that it would be open to the respondent before that court to urge all the points which are available to him under law.14. after reading the judgment as a whole, i find that the apex court directed rehearing of the appeal on all possible questions which ..... the two questions mentioned by the apex court in paragraph 2 of the judgment? (b) whether the learned first appellate court below committed error of law in not applying the proper tests which are required to be applied in deciding a question whether the disputed structure is the joint property of the ..... no. 1, i have formulated the following substantial questions of law for determination of this appeal :--(a) whether in view of decision of the apex court in civil appeal no. 2346 of 1991 the present appellant ..... of the fact that at the time of admission of the second appeal, the division bench admitting such appeal did not formulate any substantial question of law as required under section 100 of the code, after hearingmr. roychowdhury in support of this appeal and mr. roy appearing on behalf of the respondent .....Tag this Judgment!