Court : Andhra Pradesh
Reported in : 2009(2)ALT562; 2009CriLJ2346
..... or otherwise of the allegations made in the fir or the complaint. it has been held that the extraordinary or inherent powers did not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.7. in zandu pharmaceutical works ltd. v. mohd.sharaful haque : 2005crilj92 on which reliance is placed by petitioner, the case arose out of ..... criminal case is made out. it is also axiomatic that while exercising power under section 482 cr.p.c. or article 227, the high court does not act as an appellate authority or inquisitorial/ investigatory authority. high court cannot even give directions to the police to initiate criminal action and/or investigate the case in particular manner (see divine retreat centre v. state ..... for contravention of rule 2(ii) of condition in form-20b read with section 18(a)(iv) of the act, punishable under section 27(d) of the act. this court having regard to entry/item no. 12 of schedule 'k' quashed the proceedings in c.c. no. 473 of 2003 observing as under.14. the certificate issued by the drugs ..... sample portion of the drug requesting to furnish information and attested documents under section 18b of the act. the documents were allegedly not furnished to the complainant and therefore, a complaint was filed in the criminal court on 05.05.2002. according to petitioner, criminal court took allegedly cognizance of the offence on 23.08.2004 under section 18(a)(i) read with .....Tag this Judgment!
Court : Supreme Court of India
..... the receipt of the entire amount, the supplier filed a suit for interest on delayed payment by the board in terms of the provisions of the act, in money suit no. 21/1997 before the court of the civil judge (sr. divn.) no. 1, guahati. the same was disputed by the board in the written statement filed in the suit. however, the ..... applicable to contracts concluded prior to its commencement, where the delayed payment is made after its commencement.5. the full bench of the high court after considering the provisions of the act, concluded that the findings of the division bench in the case of trusses & towers that once a principal amount is received without any protest, then no further claim for interest ..... be purely declaratory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect (ibid., pp. 468-69).38. "in the case of state of punjab vs. bhajan kaur - (2008) 12 scc 112, this court held: "9. a statute is presumed to be prospective unless held to be retrospective ..... , either expressly or by necessary implication. a substantive law is presumed to be prospective. it is one of the facets of the rule of law.39. "there is no doubt about the fact that the act is a substantive law .....Tag this Judgment!
Court : Delhi
..... before the arbitrator and have been considered by him. it needs no elaboration that while considering objections under section 34 of the arbitration & conciliation act, 1996, the court cannot look into the evidence which was laid before the arbitrator and re-appreciate the same. the arbitrator was the chosen forum of the parties ..... any subsequent period, the arbitral tribunal will have to give effect to it. but when the award is challenged under section 34 of the act, if the court finds that the interest awarded is in conflict with, or violating the public policy of india, it may set aside that part of the ..... same has to be set aside.11.18 in the decision of the supreme court reported at air 2008 sc : 2008 1 raj 164 ongc ltd. v. garvare shipping corporation, the court held that there is no proposition that the courts would be slow to interfere with an award even if the conclusions are perverse.11 ..... the contract which is not justiciable by the arbitrator and excepted out of the purview of the arbitration agreement alone.8.14 perusal of the pronouncement in : 2008 (12) scale 720 bharat sanchar nigam ltd. and anr. v. motorola india pvt. ltd. would show that an issue was raised therein as to ..... by the arbitrator.8.2 learned counsel for gail has placed reliance on the pronouncements of the apex court reported at : 2008 (12) scale 720 bharat sanchar nigam ltd. and anr. v. motorola india pvt. ltd. and of this court reported at 158 (2009) dlt 265 ongc v. mittra guha builder (india) co.; : 1999 .....Tag this Judgment!
Court : Kolkata
..... pith and substance a law on acquisition and the presidential assent under article 254(2) was warranted to save the legislation.535. we have also noticed that the supreme court observed that act was enacted in public interest to secure its proper management and to preserve the valuable tree growth, paintings, art objects, carvings and for the establishment of an art gallery ..... purposive or any other principle, learned judge took the unprecedented approach of asking the learned advocate general about incorporation of s.23 and s.24 of the l.a. act in open court and waited for the states consent on the next date.366. mr. pal pointed out that the response was a qualified one. the learned advocate general stated as ..... any other principle, that is why he took the unprecedented approach of asking the learned advocate general about incorporation of section 23 and section 24 of the land acquisition act in open court and waited for the states consent on the next date.80. he further pointed out that even the statement which was made by the learned advocate general on ..... which is as follows: 207. later, it is pertinent to note that a five-judge bench of this court in ashoka kumar takur v. union of india (2008)6 scc 1, while examining the validity of the central educational institutions (reservation in admission) act 2006 held as follows:219. a legislation passed by parliament can be challenged only on constitutionally recognized grounds. ordinarily .....Tag this Judgment!
Court : Delhi
..... e to g and placetum a to d. in the case of the chancellor masters and scholars of the university of oxford v. narendera publishing house and ors (2008) 38 ptc 385 the court in a lucid discussion of the law on the subject of infringement of copyright relied upon the 'transformative work' test to determine as to whether there was fair ..... , as a college sophomore, to download and distribute 30 copyrighted songs belonging to the plaintiffs. the defence set was that file-sharing constitutes fair use under the copyright act. in this context the court gleaned five factors in order to determine whether a fair use of the copyrighted material has been made:(i) the purpose and character of the use, including whether ..... directed the defendant to disclose the information to enable him to elect between damages and account of profits. while analyzing the rights conferred under the human rights act and those under the english copyright act the court made the following crucial observations:39. we have already observed that in most circumstances the principle of freedom of expression will be sufficiently protected if there ..... contention that licensing of the plaintiffs' repertoire is part of normal exploitation of its copyrighted works. based on the aforesaid, it was submitted that the exceptions given in the copyright act should not be so interpreted to upset the normal existing commercial practices on which the plaintiffs revenue depend.5.2 mr sagar next contended that the english decision ought to .....Tag this Judgment!
Court : Mumbai
..... not competent to treat the petitioner as an assessee in default under section 201, as amended by the finance act, 2008 and the amendment to section 201 by the finance act, 2008 is unconstitutional. we have not considered it appropriate to adjudicate upon the submission of dr.singhvi at this stage ..... he may legitimately claim the advantage of any expressed terms or of any omissions that he can find in his favour in taxing acts". the supreme court held that far from being exorcised in its country or region, the dictum in duke of westminster's case "continues to be ..... of the activity or operation was carried on by the non-resident company in india.89. while affirming the judgment of the calcutta high court, the supreme court in income tax officer vs. shriram bearings ltd.,35 held :34 (1987) 164 itr 41935 (1997) 224 itr 724"the agreement ..... a commercial and realistic perspective. that perspective respects the form of the transaction adopted by the parties. the terms of the transaction is what the court interprets applying rules of ordinary and natural construction. that perspective would adopt what a normal and 51 (2000) nzca 35052 johan steyn, "contract ..... of hutchison essar, and certain affiliates (collectively essar") asserted various rights in relation to the transaction and threatened to commence proceedings in the indian courts in order to enforce those alleged rights, including by preventing completion of the transaction. on 15 march 2007, the company entered into a conditional .....Tag this Judgment!
Court : Delhi
..... the award is contrary to substantive provisions of law, it would be patently illegal and could be interfered with under section 34 of the a&c act. the supreme court after defining the phrase public policy of india, used in section 34, and requiring it to be of wider meaning, observed that an award ..... also set aside and the registry is directed to refund to the appellants, the amounts deposited by the appellant in pursuance to the orders of this court dated 26th november, 2010 in fao(os) no.674/2010 and 19th january, 2011 in fao(os) no.33/2011 and fao(os) no.34 ..... scc 245; hindustan zinc ltd. -vs- friends coal carbonisation, (2006) 4 scc 445; delhi development authority -vs- r.s. sharma & company, (2008) 13 scc 80; and steel authority of india limited -vs- gupta brother steel tubes limited, (2009) 10 scc 63. 19. from the above discussion, we observe that the arbitral ..... to be in public interest and can be set aside on the ground of being patently illegal. 18. the above statement of law was approved and reiterated by the supreme court in mcdermott international inc. -vs- burn standard co. ltd., (2006) 11 scc 181; centrotrade minerals & metals inc. -vs- hindustan copper ltd., (2006) 11 ..... is challenged before it becomes final and executable. the concept of enforcement of the award after it becomes final is different and the jurisdiction of the court at that stage could be limited. similar is the position with regard to the execution of a decree. it is settled law as well as .....Tag this Judgment!
Court : Karnataka
Reported in : 2009(1)KCCR5(SN)
..... nor even the need for conserving rare plant species and animal species in existence in the notified areas. in fact the affidavit placed before the court on 11-1-2008, the affidavit of the present commissioner and director of mines and geology, department of mines and geology sri k.s prabhakara, while does ..... state government as to whether it is a fair and non-arbitrary action and as to whether it is in consonance with the act and the rules, nevertheless, this court cannot help but to observe that the applications of the aspirants for grant of mining leases having not been treated in a fair ..... upon the state government to exhibit due awareness of this fact and to take into consideration all the requisite aspects from the context of the conservation acts, protection acts and then to embark upon the issue of notification. it is also necessary on the part of the state government to weigh the competing interest ..... regulate non-forest activities in forest areas and to conserve forests by declaring them as reserved and such is the avowed object in the state act, forest [conservation] act, 1980 seeks to provide a better safeguard for the retention and protection of the forest and to minimize the scope for diversion of forest ..... that in the exercise of this power and jurisdiction, as to the manner in which the judge is expected to act.103. the present writ petition is a matter before this court and which is being heard for a considerable length of time. an order that that is required to be passed .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2008)151PLR496
..... herein filed an application for framing an additional issue regarding the competency of a person filing the application under section 5 of the limitation act. the court, after receiving reply to this application, viewed that issue about the locus of ajit singh son of late shri daljit singh to file the ..... would be a ground for equitable relief.26. it may be observed, as stated by hon'ble supreme court, that the law in india is not different. section 44 of the evidence act enables a party otherwise bound by previous adjudication to show that it was not final or binding because it ..... record of civil appeal and that of a suit and dispose of the application under section 5 of the limitation act on the basis of documents available before the trial court on record. it is in this context that debate about the scope of article 227 ensued when mr. chandhiok pleaded ..... fraud which is extrinsic or collateral. it would thus vitiate the most solemn proceedings of courts of justice. it is an universally acceptable and sufficient reason to vacate such a judgment obtained by fraud. by act of this fraud practised by respondent, the petitioner was prevented from having a fair trial ..... . i would accordingly allow this revision petition and would set-aside the impugned order, whereby the lower appellate court, has framed issue to decide the application under section 5 of the limitation act. while allowing this revision petition, the delay in filing the appeal would stand condoned with direction to the .....Tag this Judgment!
Court : Mumbai
..... (c ) of section 47(1) of the act is only for the convenience of the court in seeing the foreign award and the agreement under which the reference to the arbitral tribunal was made. that done, there is sufficient compliance ..... fixed deliveries at specified dates. this would be the amount for fe payable by an indian person to the counterparty abroad. when the international market collapsed in 2008 and the prices of the goods to be traded, being coal, came down, bil would not have been in a position to honour its commitments and ..... levied. bil was to accept the delivery at a fixed price. vitol had to supply the coal at that price. certain guaranteed price was payable. in 2008 the market collapsed worldwide. bil had not hedged its loss. bil may not have been able to take delivery of the coal supplied in the four installments ..... /c) were to be so covered. he would argue that the parties went to arbitration under clause 19 of the agreement between the parties dated 14th april, 2008 and that the question of scota was never raised in the arbitration. 7. it may be mentioned that the requirement of sub clauses 9(a),(b) and ..... the contract between the parties contained in clause 25(1) of the master agreement dated 14th april, 2008 and that the award is against the provisions of law in india being section 8 of the foreign exchange management act, 1999 (fema) and as such would be contrary to public policy of india. these separate .....Tag this Judgment!