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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Year: 2008 Page 1 of about 14 results (0.067 seconds)

Jan 10 2008 (SC)

Venture Global Engineering Vs. Satyam Computer Services Ltd. and anr.

Court : Supreme Court of India

Decided on : Jan-10-2008

Reported in : AIR2008SC1061; 2008(2)ALD46(SC); 2008(3)ALLMR(SC)416; 2008(1)ARBLR137(SC); 2008BusLR102(SC); (2008)1CompLJ224(SC); 2008(1)CTC348; JT2008(1)SC468; 2008(4)MhLj579; (2008)2MLJ; 2008AIRSCW667; 2008(2)ICC693; 2008(1)SCALE214

..... i, which is contrary to or excluded by that law or rules will not apply.35. lastly, it must be stated that the said act does not appear to be a well-drafted legislation. therefore the high courts of orissa, bombay, madras, delhi and calcutta cannot be faulted for interpreting it in the manner indicated above. however, in our view a proper ..... learned senior counsel appearing for the appellant has raised the following contentions:(i) the claim that part i of the arbitration and conciliation act, 1996 (in short 'the act') applies to foreign awards is covered by the judgment of this court in bhatia international v. bulk trading s.a. and anr. : [2002]2scr411 .ii) the first respondent - satyam computer services ltd. could not ..... the parties that cannot be resolved via negotiations shall be submitted for final, binding arbitration to the london court of arbitration.(c) notwithstanding anything to the contrary in this agreement, the shareholders shall at all times act in accordance with the companies act and other applicable acts/rules being in force, in india at any time.it was pointed out that the non-obstante ..... a challenge to the award. he also relied on a decision of the division bench of the calcutta high court in pratabmull rameshwar v. k.c. sethia ltd. : air1960cal702 . in paragraphs 45 and 63, the calcutta high court while dealing with arbitration act of 1940 sets out the reasoning in support of a challenge being permissible in india to a foreign award.14 .....

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Feb 21 2008 (SC)

Som Mittal Vs. Government of Karnataka

Court : Supreme Court of India

Decided on : Feb-21-2008

Reported in : 2008AIRSCW1640; AIR2008SC1528; 2008(56)BLJR979; 2008CriLJ1927; JT2008(3)SC52; 2008(3)KLT219(SC); 2008(I)OLR(SC)605; 2008(2)SCALE717; (2008)3SCC574; 2008(1)LC330(SC); 2008(1)Crimes363; 2008(3)AIRKarR139;

..... but altered the offence in respect of which cognizance was taken as one under section 30(1) read with section 25 of the said act. the said order of the high court was challenged by the appellant in this appeal. 2. the appeal was heard by a bench consisting of h.k.sema and markandey ..... under section 482 cr.p.c. depends on the facts and circumstances of each case. the scope and ambit of the power under section 482 has been explained by this court in a series of decisions -- r.p. kapur v. state of punjab : 1960crilj1239 , state of uttar pradesh v. r.k. srivastava : 1989crilj2301 ; state of ..... code of criminal procedure is not the rule but it is an exception. the exception is applied only when it brought to the notice of the court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused would be harassed unnecessarily if the trial is ..... oudh bar association forthwith. he also referred to the prevailing practice of police arresting those suspected of involvement in a crime and the directions issued by this court in joginder kumar v. state of u.p. : 1994crilj1981 in regard to the procedure to be followed when arresting a person, and directed that ..... katju, jj. by the main judgment dated 29.1.2008 sema, j. dismissed the appeal, making it clear that the court was not expressing any opinion on the merits of the case and the learned magistrate shall decide the maintainability of the complaint .....

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Mar 28 2008 (SC)

Prachi Industries Vs. Commissioner of Central Excise, Chandigarh

Court : Supreme Court of India

Decided on : Mar-28-2008

Reported in : 2008(128)ECC20; 2008(154)LC20(SC); 2008(225)ELT16(SC); JT2008(4)SC415; 2008(4)SCALE745; 2009[16]STR222; [2007]14STT161; 2008AIRSCW2860

..... ) has no application to the facts of the present case. in the case of hindustan poles (supra) the question which arose for determination before this court was : whether joining of duty- paid pipes of different diameters by the assessee by welding would amount to manufacture. it was held that even after welding ..... which decided the matter in favour of the assessee. 15. applying the above tests in the context of section 2(f) of the 1944 act, we are of the view that in the present case the rotary swaging machine with different dies therein imparts a change of lasting character to ..... question which arises for determination in this batch of civil appeals is:whether swaging constitutes manufacture in terms of section 2(f) of the 1944 act?5. at the outset, it may be reiterated that ms tubes bought by the assessee from its manufacturers falls under heading 73.06 and the ..... tubes from its manufacturers. the said ms tubes are classified under heading 73.06 of the schedule to the central excise and tariff act, 1985 (for short, '1985 act'). after receiving ms tube from the manufacturers, the assessee cuts the same into requisite lengths. the cut ms tube is thereafter put in ..... may clarify that our judgment in this case is based on interpretation of the word 'manufacture' as defined in section 2(f) of 1944 act. with the introduction of 1985 act, the definition of 'manufacture' has been substituted to include 'any process - incidental or ancillary to the completion of a manufactured product'. .....

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Nov 21 2008 (SC)

Mummidi Apparao (D) Through Lrs. Vs. Nagarjuna Fertilizers and Chemica ...

Court : Supreme Court of India

Decided on : Nov-21-2008

Reported in : AIR2009SC1506; 2009(1)AWC1018(SC); 2008(16)SCALE226; (2009)4SCC402:2009AIRSCW1002:2008(6)LHSC4330

..... and 34 of the slp brief).3. aggrieved by the awards made by the land acquisition officer the landholders took the matter to the reference court under section 18 of the act. before the reference court it was strongly urged on behalf of the claimants/landholders that the land acquisition officer grossly erred in treating the acquired lands as merely agricultural lands ..... of dwelling units. in support of their submission the claimants/landholders relied upon a number of sale deeds (exts.b2 to b7) produced in evidence before the reference court. the reference court accepted the case of the claimants/landholders and the principal senior civil judge, kakinada by his judgment dated 30 october 2000 held that the sale deed ext. b2 formed ..... to the acquisition of the lands, forming the subject matter of dispute. in a public interest litigation filed against the petitioner industrial unit for causing heavy environmental pollution the court directed for creation/extension of the green belt around the factory unit and that led to further acquisition of lands, including the lands forming the subject matter of the present ..... dispute. learned counsel submitted the net result is that the common man went to the court complaining about the petitioner industrial establishment causing environmental pollution and ended up by having his lands forcibly acquired for creation/extension of the green belt.13. in regard to .....

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May 16 2008 (SC)

Commissioner of Customs, (Prev.) Gujarat Vs. Reliance Petroleum Ltd.

Court : Supreme Court of India

Decided on : May-16-2008

Reported in : 2008(129)ECC103; 2008(155)LC103(SC); 2008(227)ELT3(SC); JT2008(7)SC299; 2008(8)SCALE81; (2008)7SCC220; 2008(4)Supreme157.

..... in this appeal which arises out of judgment and order dated 8.7.2005 passed by the customs, excise and service tax appellate tribunal, west zonal bench, court no. 2.2. the fact that the crane in question was imported for using the same in setting up a refinery is not in dispute.what is ..... contemporaneous import of similar goods or identical goods brought on record by the lower authority, declared value is the fair value under section 14 of the customs act, 1962. there is no dispute nor any evidence that the appellants have remitted any extra payments clandestinely to the foreign suppliers over above the invoice value. ..... .8. the value of the said goods was assessed at dfl 60,00,000/-. a provisional assessment was made in terms of section 18 of the act and the goods were released on respondent's furnishing a bond for a sum of rs. 5,84,32,813 along with a bank guarantee of rs ..... dated 11.4.1997 was issued by the central government, in exercise of its power conferred upon it under section (1) of section 25 of the customs act, 1962, being satisfied that it was necessary in the public interest so to do, made further amendment in notification no. 11/97, cus. dated 1.3 ..... ) of the valuation rules. in this regard, the appellants have placed reliance on the judgment of the hon'ble supreme court in the case of coromandel fertilizers ltd. (supra) wherein the apex court has held that landing charges when assessed at a percentage, customs cannot add any amount thereto on the ground that expenses .....

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Sep 23 2008 (SC)

Commissioner of Customs, New Delhi Vs. Sony India Ltd.

Court : Supreme Court of India

Decided on : Sep-23-2008

Reported in : 2008(133)ECC77; 2008(159)LC77(SC); 2008(231)ELT385(SC); 2008(12)SCALE706

..... cc : 1990(45)elt24(cal) , vishal electronics pvt. ltd. v. cc, bombay , sharp business machines (supra) and the judgment of the calcutta high court in hcl ltd. (supra).19. accordingly, we are of the clear opinion that the tribunal's judgment needs no interference. we accordingly confirm the same and dismiss the ..... example, provided only simple assembly operations are involved.learned counsel further points out that in a decision in cce v. woodcraft : 1995ecr417(sc) this court took the view that hsn explanatory notes should be referred to for understanding the true scope and meaning of expressions used in the customs tariff. he ..... and not whether the goods though parts and accessories are so comprehensive that if put together would constitute motocycle and scooters in ckd condition. the court further held that it cannot be said that if the goods were so covered by entry 295 that when lumped together they would constitute other ..... case (cited supra). the ld. asg also very fairly admitted that there was a specific fraud alleged and proved on the basis of which the court came to the conclusion that this was nothing, but a device to deceive the revenue. we cannot also ignore the factual panorama in phoenix international ..... goods under tariff sub-heading 6404.19 of the first schedule of the customs tariff act, 1975 and was liable to the higher duty ad valorem and countervailing duty at 15% ad valorem. the court further referred to the replies sent by pind and pil and came to the conclusion that .....

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Jan 16 2008 (SC)

Samira Kohli Vs. Dr. Prabha Manchanda and anr.

Court : Supreme Court of India

Decided on : Jan-16-2008

Reported in : 2008ACJ747; AIR2008SC1385; 2008(2)ALD69(SC); 2008(56)BLJR790; 2008(5)BomCR373; (2008)1CompLJ185(SC); I(2008)CPJ56(SC); 2008(1)CTC392; JT2008(1)SC399; (2008)2MLJ662(SC); 2008AIRSCW855; 2008SC1385; 2008(2)SCC1; 2008ACJ747; 2008(1)ICC705; 2008(1)SCALE442; 2008(1)LH(SC)337.

..... battery was brought on the ground that the consent was for a hernia operation and removal of testicle was not consent. the claim was dismissed. the court was of the view that the doctor can act without the consent of the patient where it is necessary to save the life or preserve the health of the patient. thus, the principle of necessity ..... her about the said risk and that had she known the true position, she would not have accepted the treatment. the trial judge and court of appeal applied the bolam test and concluded that the defendant had acted in accordance with a practice accepted as proper by a responsible body of medical opinion, in not informing the plaintiff of the risk of ..... may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care skill and diligence and if the patient still does not survive or suffers ..... to hold the doctor to be guilty of negligence.... in cases where the doctors act carelessly and in a manner which is not expected of a medical practitioner, then in such a case an action in torts would be maintainable.in vinitha ashok v. lakshmi hospital : air2001sc3914 , this court after referring to bolam, sidaway and achutrao, clarified:a doctor will be liable .....

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Aug 21 2008 (SC)

iqbal Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Aug-21-2008

Reported in : 2008(2)ALD(Cri)641; 2008CriLJ4679; JT2008(11)SC165; 2008(11)SCALE599; (2008)11SCC698

..... right ear pinna backwards, traversing part of left parietal area of scalp to left occipital area. the medical evidence corroborates the ocular account.4. trial court took note of the fact that the appellants and the members of the complainant party are related to each other closely. the dispute arose because of ..... tube well was installed, was not put any question regarding the ownership of the common land. gursewak singh (pw6), in his testimony before the court, stated that the appellants on 7.1.2001 at about 1.00 p.m. armed with spades came to the tube well and started removing the ..... be invoked if death is caused (a) without premeditation, (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. to bring a case within exception 4 all the ..... counsel for the state supported the judgments of the trial court and the high court.9. the substantive plea relates to the applicability of exception 4 of section 300 ipc.10. for bringing in its operation it has to be established that the act was committed without premeditation, in a sudden fight in the ..... heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted .....

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Apr 01 2008 (SC)

State of Karnataka and anr. Vs. Sri R. Vivekananda Swamy

Court : Supreme Court of India

Decided on : Apr-01-2008

Reported in : AIR2008SC2080; [2008(117)FLR1044]; JT2008(4)SC553; 2008(4)KarLJ477; (2008)5MLJ414(SC); 2008(6)SCALE261; (2008)5SCC328; 2008AIRSCW2777; 2008(2)Supreme821; 2008(4)AIRKarR4

..... of rajasthan submitted that having regard to the rules framed by the states, the validity whereof is not being in question and in fact having been upheld by this court, the high courts of karnataka and rajasthan committed serious errors in issuing the impugned directions. 11. mr. bhat, learned counsel appearing on behalf of the respondent in karnataka case, would, on ..... is possible to draw a distinction on the basis of several factors, emergent situation being one of them. so viewed, we do not find that the state of karnataka had acted arbitrarily. 21. rajasthan case, however, involves some disputed questions of fact. aay upadhyay was a judicial officer. indisputably he was suffering from a serious disease. the contention ofthe state is ..... . : (2006)8scc671 pitta naveen kumar and ors. v. raja narasaiah zangiti and ors. : (2006)10scc261 ].20. it, however, goes without saying that while exercising such a power, the authority must act judiciously keeping in mind the purport and object thereof. considerations therefor, although may not partake a mathematical exactable but should always be fair and reasonable. although it may not be ..... private ward rs. 500/- per dayaboverule 14 specifies as to how and in what manner, the reimbursement of medical expenses is to be carried out. rule 15 provides for claims for reimbursement of medical charges. rule 31 empowers the government to relax the provisions of the said rules. 8. the judgment of the tribunal, which was affirmed by the high court, was .....

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Oct 16 2008 (SC)

Manoj Sharma Vs. State and ors.

Court : Supreme Court of India

Decided on : Oct-16-2008

Reported in : 2008(2)ALD(Cri)923; 2008(4)KLT417(SC)

..... another organ.17. since section 320 cr.p.c. has clearly stated which offences are compoundable and which are not, the high court or even this court would not ordinarily be justified in doing something indirectly which could not be done directly. even otherwise, it ordinarily would not be ..... the matter between themselves, is the question which arises for decision in this appeal.3. the identical question fell for the consideration of this court in the case of b.s. joshi v. state of haryana : 2003crilj2028 wherein also the question arose as to whether criminal proceedings or ..... cannot be read as a euclid's formula since it is well settled that judgments of a court cannot be read mechanically and like a euclid's theorem vide dr. rajbir singh dalal v. chaudhari devi lal university : (2008)9scc284 , bharat petroleum corporation ltd. and anr. v. n.r. vairamani and anr. ..... .p.c. the said decision was followed by this court in nikhil merchant v. central bureau of investigation and anr. : (2008)9scc677 .15. shri b.b. singh, learned counsel for the respondent submitted that the high court or even this court would not be justified in giving directions to quash a ..... criminal proceeding in view of the compromise between the parties when the offence has been expressly made non-compoundable by section 320 cr.p.c. he urged that the court .....

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