Court : Chennai
Decided on : Jan-04-2013
..... 2012. a scrutiny of the documents had revealed that, while chitra construction company is a proprietorship owned by sunil kumar shah, the remaining concerns are either limited companies or partnership firms or proprietary concerns. both sunil kumar shah and rakhi shah are common directors or partners in all the concerns and no other persons has stakes in them. rakhi ..... .79. in sheo nath singh vs. appellate assistant commissioner of income tax,  82 itr, 147 (sc) it had been held that, under section 34 of the indian income tax act, 1922, the words `reason to believe' would suggest that the belief must be that of an honest and reasonable person, based upon reasonable grounds and that the income-tax ..... the respondents had not followed the procedures contemplated under the relevant provisions of law, for ordering such searches and seizures, including the provisions contained in section 82 of the finance act, 1984, and the relevant provisions of the criminal procedure code 1973, relating to searches.130. it is not in dispute that the first respondent had issued the search warrants, in question ..... 119, amaravaty street, guruswamy nagar, coimbatore, and at no.357, western valley, green home, onampalayam, coimbatore, are required for a detailed investigation and initiation of proceedings, under the finance act, 1994 and therefore, they cannot be returned to the petitioners, at this stage. however, photo copies of the documents could be given to them, whenever they are required. as such .....Tag this Judgment!
Court : Kerala
Decided on : Jan-04-2013
..... thereby that the transferor retains its control over the affairs of the factory, the transferee, whosoever he may be, (except a director of the company, or a partner in a partnership firm) cannot be considered to be the person having ultimate control over the affairs of the factory notwithstanding what the resolution of the board states. the litmus test, therefore, is ..... to such owner as they apply to occupiers of factories who are not individuals".28. the learned public prosecutor has also relied upon the decision of the apex court in indian oil crl.m.c. 1725/2007, 1722/2007, 461/2009 1721/2007 and 2454/2008 -:36:- corporation ltd. v. chief inspector of factories - (1995) scc 738.it was held ..... 1721/2007 and 2454/2008 -:15:- water, controlled usage of chemicals and other consumables used for water purification. therefore, the executive engineer also may be liable for the violations, act or omissions complained of.16. chapter iv deals with the duties and responsibilities of assistant executive engineers. in particular, he is made responsible for the controlled use of chemicals and ..... mobile unit belonging to the armed forces of the union, railway running shed or a hotel restaurant or eating place". manufacturing process is defined in section 2 (k) of the act as : "manufacturing process" means any process for - (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-10-2013
..... geomin itself or to consider amalgamation of the two companies. then by letter dated 6.10.2007 it informed that geomin has not entered into a partnership with the navyuga group of companies who are a large conglomerate with interests in engineering, exports, mining, ports, power, real estate, i.t ..... a reconnaissance permit, prospecting licence or mining lease to any person unless such person a) is an indian national, or a company as defined in sub-section (1) of section 3 of the companies act, 1956 (1 of 1956); and b) satisfies such conditions as may be prescribed: provided that ..... state government itself cannot undertake prospective or mining operations without having prior consultation with the central government as per section 4(3) of the act, and if prospecting licence or mining lease is to be granted to any other person, then previous approval of central government is to be ..... been carried out by the department of geology of the state government, at kudremukh s expense, also cannot attract section 11(1) of the act in its favour. further, in any event, kudremukh company is bound by the aforementioned direction for simultaneous consideration of all applications given by the ..... directions for simultaneous consideration of all applications affects the preferential rights of the first day applicants under section 11(2) of the mm(d&r) act. in the said writ petition no.15315 of 2007, geomin minerals & marketing (p) ltd. filed an application for intervention. the intervention application .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-09-2013
..... the long drawn legal battle that has raged over the past two decades or so has its genesis in a loan which respondent indian bank advanced to m/s. sunrise plaza, a partnership concern comprising respondent-s. kalyanasundaram and his wife - mrs. vasantha kalyanasundaram. the loan was advanced on the basis of an ..... university is not otherwise impracticable, the university is under an obligation to maintain such uniformity because of the mandate of section 38(1) of the act. in the instant case, we do not find that it is not at all practicable for the university to maintain the parity in the age ..... certain situations. this court ruled otherwise and held as follows : 8...mr. solicitor general is justified in his contention that section 38(1) of the act recognizes flexibility and the expression 'as far as possible' inheres in it an inbuilt flexibility...but if uniform conditions of service for teaching and not teaching ..... without any limitations on his power or discretion and without any guidelines under the act or the rules. he submitted that decision of this court in chinnammal and ors. v. p. arumugham and anr. (1990) 1 scc 51.was ..... as no modification or amendment of the said rules had been made either by any legislative enactment or by way of rules under the rddb act. he contended that the words as far as possible were incapable of conveying that the recovery officer could at his discretion play with the rules .....Tag this Judgment!
Court : Sri Lanka Supreme Court
Decided on : Jun-25-2013
..... (hereinafter sometimes referred to as "hnb") to have the said award set aside, and the application filed by the respondents, who were carrying on business in partnership under the name, style and firm of 'soul entertainments', (hereinafter sometimes referred to as "soul"), for the enforcement of the same, were consolidated, and ..... jurisdiction when those issues were admitted by the arbitral tribunal. in this context, it is relevant to note that section 11 of the arbitration act does not compel a party to take up an objection to jurisdiction before the arbitral tribunal itself. that section enacts as follows:- (i) ..... between the parties, and the admissions recorded in the case. it is also obvious that in allowing issues 9 and 10 the tribunal acted in disregard of the cherished principle enunciated in decisions such as dinoris appuhamy v sophie nona 77 nlr 188 that issues cannot be permitted ..... arbitrators, the award may be set aside or its enforcement may be refused for want of jurisdiction. thirdly, where the arbitrators purport to act within the scope of their mandate, but in the process exceed their authority by dealing with claims that the parties have not submitted to them ..... or contains decisions on matters beyond the scope of the submission to arbitration. similarly, according to section 34(1)(a)(iii) of the arbitration act, the high court may refuse to recognize or enforce such an award, in these circumstances. the provisos to these provisions create exceptions in regard .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-2013
..... from place to place. the connections with the water, electric light and telephone systems of the city evidence a permanent location ); dunklin v. louisiana riverboat gaming partnership, no. 00 31455, 2001 wl 650209, *1, n. 1 (ca5, may 22, 2001) (per curiam) (describing a fully functional ca- sino boat ..... procedures lest a vessel avoid liability by sailing away. 46 u. s. c. 31341 31343 (2006 ed. and supp. iv). liability statutes such as the jones act recognize that sailors face the special perils of the sea. chandris, inc. v. latsis, 515 u. s. 347, 354, 373 (1995) (referring to vessel ..... 2d ed. 1989) (oed). accord, n. webster, an american dictionary of the english language 1406 (c. goodrich & n. porter eds. 1873) ( [t]he act of transporting, carrying, or conveying from one place to another ). and we must apply this definition in a practical, not a theoretical, way. stewart, supra, at 496 ..... united states court of appeals for the eleventh circuit [january 15, 2013] justice breyer delivered the opinion of the court. the rules of construction act defines a vessel as in- cluding every description of watercraft or other artificial contrivance used, or capable of being used, as a means of ..... to dismiss the suit for lack of admiralty jurisdiction. the district court found the floating home to be a vessel under the rules of construction act, which defines a vessel as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Dec-10-2013
..... 194 while respondent 4 is its chairman. it is also a district sports committee. the respondent 1 state has nominated the trustees on said trust. respondent 5, the registered partnership firm undertaking the development of the subject sports center as per its concession agreement with the respondent 2, has been added as party on 12.9.2007. 3. this court ..... in certain contingencies, the provision there-under is permitted to be modified, that too after following the necessary prescribed procedure. the planning process under the mrtp act i.e. 1966 act is found to be quite an elaborate process. a number of town planners, architects and officers of the planning authority, and wherever necessary, those of the state government participate ..... development charges, said respondent again seeks the building permission for shopping plazas a and b. thus the respondent 2 again seeks building permission for buildings a and b and this act also militates with defence of deemed sanction. plea of deemed sanction must be certain and all necessary ingredients must be disclosed and established. 18. in this background, the ..... finance, build, transfer (fbt) and build, operate and transfer (bot) only in case of petitioner. similarly, it permitted commercial user also contrary to the reservation in dp under 1966 act. said gr also envisages execution of a memorandum of understanding (mou) between petitioner and respondent 2/3 finalizing the terms and conditions of development and approval thereto by the director .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-26-2013
..... to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependents ), and the effect legalizing same-sex marriage would have on opposite-sex marriage, id., at 972 (finding of fact no. 55) ( permitting same ..... having drawn distinctions that prove to be irrational. those legal errors may be made in good faith, errors though they are. but the majority says that the supporters of this act acted with malice with the purpose (ante, at 25) to disparage and to injure same-sex couples. it says that the motivation for doma was to demean, ibid.; to impose ..... would be impossible, given the federal government s long history of making pronouncements regarding marriage for example, conditioning utah s entry into the union upon its prohibition of polygamy. see act of july 16, 1894, ch. 138, 3, ( the constitution [of utah] must provide perfect toleration of religious sentiment, provided, that polygamous or plural marriages are forever prohibited ). 5 since ..... 500 501. one such consideration is the extent to which adversarial presentation of the issues is ensured by the participation of amici curiae prepared to defend with vigor the legislative act s constitutionality. see chadha, supra, at 940. here, blag s substantial adversarial argument for 3 s constitutionality satisfies prudential concerns that otherwise might counsel against hearing an appeal from .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-19-2013
..... displaying a work of art as part of a museum exhibition might also qualify as a fair use under 17 u. s. c. 107. cf. bouchat v. baltimore ravens ltd. partnership, 619 f. 3d 301, 313 316 (ca4 2010) (display of copyrighted logo in museum-like exhibition constituted fair use ). the court worries about the resale of foreign-made consumer ..... manufacturing clause, which required copies of a work consisting preponderantly of nondramatic literary material . . . in the english language to be manufactured in the united states or canada. copyright act of 1976, 601(a), . because congress expressly referred to manufacturing in this provision, the court contends, the phrase lawfully made under this title in 109(a) cannot mean manufactured ..... impor- tant arguments in favor of the geographical interpretation. first, they say that our quality king decision strongly supports its geographical interpretation. in that case we asked whether the act s importation provision, now 602(a)(1) (then 602(a)), barred importation (without permission) of a copyrighted item (labels affixed to hair care products) where an american ..... would threaten ordinary scholarly, artistic, commercial, and consumer activities. see part ii d, infra. we consequently conclude that kirtsaeng s nongeographical reading is the better reading of the act. a the language of 109(a) read literally favors kirtsaeng s nongeographical interpretation, namely, that lawfully made under this title means made in accordance with or in compliance with .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Sep-25-2013
k.s. chaudhari, presiding member this revision petition has been filed by the petitioner/complainant against the order dated 28.07.2011 passed by the maharashtra state consumer disputes redressal commission, mumbai, (in short, the state commission) in appeal no. a/11/574 gopinath nagar vs. m/s. nandan builders and ors. by which, appeal filed by the complainant was dismissed at admission stage. 2. brief facts of the case are that complainant/petitioner filed complaint before district forum and prayed for direction to the op/respondent to execute deed of convenience in favour of the complainant no.1/society and further direction to ops to complete the incomplete work and further prayed for compensation along with interest. learned district forum partly allowed the complaint and directed op to execute conveyance deed, but did not grant other reliefs against which, appeal filed by the complainant/petitioner was not admitted against which, this revision petition has been filed along with application for condonation of delay. 3. heard learned counsel for the petitioner at admission stage and perused record. 4. learned counsel for the petitioner submitted that on account of financial crunch, revision petition could not be filed in time; hence, delay in filing revision petition be condoned. 5. in the application for condonation of delay, period of delay to be condoned has not been mentioned, but as per office report, there is delay of 372 days in filing revision petition. paragraph .....Tag this Judgment!