Court : Rajasthan
Reported in : RLW2008(4)Raj3695
..... inadequacy of facilities available at sms, and regarding incorrectness of the report of sms lead to serious disputed question of facts; and ordinarily this court would not have entered into such questions in the writ jurisdiction; however, the petitioner has maintained in his rejoinder that such questions could be decided ..... . thus, it was found that he required immediate treatment though it was mentioned that such treatment was available in sms hospital at jaipur. this court found the petitioner entitled to medical reimbursement if his treatment elsewhere was necessitated on account of circumstances beyond his control. however, the division bench observed ..... learned counsel for the petitioner referred to the fact situation of the case and submitted that the petitioner had to go to escorts in the act of self-preservation when the facilities at sms were not found satisfactory. according to the learned counsel, when neither angiography was proper nor its ..... the petitioner instead of waiting in queue and spending time in seeking a clarification from a local hospital has decided to act with promptitude in the interest of self preservation by taking his wife immediately to an institute approved by the state govt.23. similarly, the ..... the diagnosis and the availability of facilities at sms. of course, the petitioner cannot be denied his choice in the act of self preservation to have himself treated by the doctors and by institute he would prefer but then, as pointed out by the hon'ble .....Tag this Judgment!
Court : Allahabad
Reported in : 2009(4)AWC4128
..... (1996) 5 scc 353.18. in joginder pal v. naval kishore behal : (2002) 5 scc 397, the apex court with a reference to the provisions of east punjab urban rent restriction act, on the question of bona fide need, after surveying its earlier pronouncement, has held that the requirement of a major son and ..... measuring 103.94 sq. mtrs. at radha krishna market has been purchased by the tenant respondent by means of a sale deed dated 19.5.2008 from its owner dr. atul mehrotra. in reply, the respondent has stated that it is only in the form of an open piece of land ..... space for workshop. according to the landlord since the shops as then existed, did not fulfil his requirement, he did not occupy them and the courts below were not justified to treat these shops as an alternative accommodation. the said argument, looking to the nature of the need as disclosed in the ..... landlord submits that the said accommodation is not suitable for his godown purposes for which the release was sought. a suggestion was given by the court that the said accommodation may be given to the respondent-tenant in exchange of the disputed accommodation.the parties may obtain necessary instructions in this regard ..... petitioner landlord needs additional accommodation to run his business. had it been not so, no prudent person would have taken a shop on rent. the courts below were, therefore, not justified in drawing an adverse inference regarding the concealment and non-disclosure of the said shop in the release application. a .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2009(3)Raj2295
..... and the petitioners are entitled to all the benefits of the same. further, the actions of the jda are contrary to the provisions of the jda act, registration act and other enactments.15. on 11.7.2008, information was summoned from the respondents on five issues, which are as follows:1. how the auction was ordered despite stay order dated 18.12.1992 ..... is stated, thus:the erosion of the distinction between jurisdictional errors and non-jurisdictional errors has, as we have seen,, correspondingly eroded the distinction between void and voidable decisions. the courts have become increasingly impatient with the distinction, to the extent that the situation today can be summarised as follows:(1) all official decisions are presumed to be valid until set ..... some extent. the regulations allowed cidco to entertain individual applications for allotment, as has been done in the instant case. merely by indicating that the law declared by this court was universally binding under article 141 of the constitution, it could not contend that such allotment was contrary to public policy on a fresh consideration made by the board of ..... ors. v. jda reported in 1993(2) wlc 652. however, no decision was communicated to the petitioners and the respondent jda further delayed the implementation of the judgment of this court dated 26.9.1994.6. in the aforesaid facts and circumstances, the petitioner filed the petition before the state level settlement committee constituted by the state government for deciding the .....Tag this Judgment!
Court : Andhra Pradesh
..... -khidmat. after the death of akbar hussain, as his two sons syed nadeemullah and safiullah hussaini were minors, the management of the estate came under the supervision of the court of wards. later syed nadeemullah migrated to pakistan and nazim-e-atiyat gave muntakhab for manikonda lands to legal heirs of safiullah hussaini. the dispute among the legal heirs was carried to ..... , when the tribunal has been conferred with the power to determine any dispute, question or other matter relating to a wakf or wakf property under the act and acts as a civil court for all purposes, this court, in exercise of the jurisdiction under article 226 of the constitution, cannot permit a party to bypass such statutory remedy and assign itself the role of ..... attached to the dargah. it may not be out of place to refer to a communication being c.a.no.70 of 2008, dated 07.05.2008 of the survey commissioner addressed to one syed sadulla under the right to information act, 2005. therein, the survey commissioner informed that the second survey operations in serilingampally mandal, ranga reddy district started in late 2001 ..... the view that under section 83 of the wakf act, it is competent for the wakf tribunal to entertain and adjudicate upon all kinds of disputes so long as the same relates to the wakf property. there was also other narrow view in st.gregorious orthodox cathedral v aga ali asgar wakf (2008) 6 kant lj 358, salem mohammedpura parimala sunnath jammth .....Tag this Judgment!
Court : Kerala
..... the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of wards, to assign his interest as such tenant, farmer or lessee; xx xx xx xx" the appellants have not established before us that there was any ..... light of the decisions reported in brahmdeo chaudhary v. rishikesh prasad jaiswal and another (1997 (3) scc 694) and also in babu raj v. vasanthi devi (2008 (4) klt 761). by 1972, when the period of the lease expired, the property was changed to the hands of several persons. there was no objection from ..... first defendant, were alloted b schedule property in ext.c3 report. the final decree is dated 21/02/2003. the appellants filed ep. no.7 of 2008 for taking delivery of the b schedule property. according to them, they were constrained to seek police aid. when the amin went to take delivery of the ..... resistance by such person. 58. in the other decision referred to by the execution court, namely babu raj v. vasanthi devi (2008 (4) klt 761), a learned judge of this court held, inter alia, as follows: "11. until the apex court gave an authoritative pronouncement on the real scope of o.21 r.99 c.p.c ..... of property act, clause (i) reads as follows: "nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a court of wards, to .....Tag this Judgment!
Court : Delhi
..... entitled to deduct the yearly rent of rs.6,111 paid to the government, as business expenditure under section 10(2)(xv) of the income tax act. the high court held that the expenditure was not of a capital nature and the assessee was entitled to deduct the amount claimed as business expenditure. setting aside the ..... mehta charitable prajnalaya turst? itas 53/2000, 251/2007, 253/2007, 257/2007, 223/2002 247/2002, 45/2005, 50/2005, 1207/2005, 361/2008, 482/2008, 731/2008, 1191/2008, 1183/2010, 1198/2010, 842/2011 and 246/2005 page 10 of 50 10. vide order dated 15.11.2010 in respect of ay 2007-08, ..... terminated at any time at the violation of any of the parties. as regards payments made to eliminate competition, the court inter alia observed as under:- although we agree that payment made to ward off competition in business to a rival dealer would constitute capital expenditure if the object of making that payment is to ..... of the assessee paying a sum of rs. 1,50,000. relying upon the decision of the supreme court in coal shipments p. ltd. (supra), it was held that since the assessee had not only warded of the business rivalry but also acquired the business of the rival for a period of 9 years in ..... special bench of the tribunal in the case of m/s tecumesh india private limited v. additional cit 132 ttj 129 had taken a view that warding off competition in business even to a rival dealer, would constitute capital expenditure and that to hold them to be capital expenditure it is not necessary .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2012SC541; 2012(1)ALT19; 2012(1)SCJ197; AIR2012SCW291; 2012(1)KCCR21(SC)(SN);
..... leave petitions arise out of an order dated 6th may, 2011, passed by the high court of judicature at bombay in criminal revision application no.441 of 2008 whereby the high court has set aside order dated 13th august, 2008 passed by the additional sessions judge, greater bombay in revision applications no.449, 460 and 853 ..... the complainant-respondent in this petition was also not willing to concede that the document relied upon could 11 possibly result in the ratification of an act which was non est being a mere forgery. at any rate the document could not be said to be of unimpeachable character nor was there ..... produced during the revision application by the accused persons, the learned addl. sessions judge jumped to the conclusion that such a resolution was passed and the acts of 28.6.2005 were ratified. in my opinion, it will not be appropriate for the addl. sessions judge. 7. the present special leave petitions ..... the advisers of the complainant and accused no.4 pawan kumar held on 19.7.2005 was produced to show that the parties had approved the act of opening the account in the name of the company and securing the loan on 28.6.2005. firstly, this document was produced for the ..... vmoksha mauritius with effect from the time of execution and exchange of the above undertaking and the modification letter for the escrow arrangement. this ratifies the act of 28/06/2005, therefore the minutes of the meeting which is signed by the 4 complainant himself and accused no.4. mr. pawan kumar .....Tag this Judgment!
Court : Mumbai
..... rate of 5.5% per annum compounded at three monthly from 24th october, 2008 to the date of payment. 12. in the meanwhile, the respondents filed an application under section 9 of the arbitration act in this court (arbitration petition no.524 of 2011) for interim measures. the said arbitration petition ..... the parties, the deed of guarantee and also the order passed by this court in arbitration petition no.524 of 2011. 16. on 12th september, 2008, the petitioners informed the broker of the respondents that the petitioners were acting only as brokers for and on behalf of the said d.b. ..... the english arbitration act. in my view, the reliance placed on the judgment of this court in case of oil and natural gas corporation ltd. (supra) is thus totally misplaced. 123. in so far as judgment of this court in case of jimmy construction pvt. ltd.,nagpur (supra)(2008) 3 mah. ..... act if the jurisdictional or declaratory award is not challenged within the time prescribed before the appropriate court, such award becomes final and the party looses right to challenge said award in future. the reliance placed by the learned counsel on the judgment of this court in case of jimmy construction pvt. ltd.,nagpur (supra)(2008 ..... recognised. even if as between two contracting parties the title may pass, while exercising the discretion under sec. 20 of the specific relief act, court will have to consider whether it should be a party to a transaction for which permission is not obtained from the reserve bank of india .....Tag this Judgment!
Court : Mumbai
..... the domain of the arbitral tribunal. thirdly, it was submitted that the award of damages could not be challenged under section 34 of the said act as held by the supreme court in mcdermott vs. burn standard (2006 (11) scc 181). the learned senior counsel invited our attention to paras 102, 106, 110 and ..... in respect whereof there was no dispute or difference; or (vi) whether the award is vitiated by internal contradictions. ? thirdly, the apex court in delhi development authority vs. r.s. sharma and co. (2008) 13 scc 80), has observed in paragraph 21 as under:- ??21. from the above decisions, the following principles emerge: (a) an ..... ongc vs. saw pipes (2003) 5 scc 705)(paras 1, 13, 15, 22, 31, 72, 74) (2) delhi development authority vs. r.s. sharma and co. (2008) 13 scc 80)(paras 20, 21) (3) steel authority of india limited vs. gupta brother steel tubes ltd. (2009) 10 scc 63)(paras 17, 18) (4) j.g ..... senior counsel for the parties. this appeal by special leave was filed against order dated 22nd of october, 2008 of the high court of judicature at bombay in appeal no.672 of 2005 whereby the high court had allowed the appeal of the respondent herein and set aside the order dated 3rd august, 2005 passed ..... hence relying upon the case of delhi development authority vs. m/s. r.s. sharma and co. new delhi 2008 11 scale 663 @ 672in paragraph 12 he contended that under section 34 of the act, the award was liable to be set aside. he contended that such an award was contrary to the substantive .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... not made a party to the appeal in the appeal no 137 of 2011). later, by the order of the honble bombay high court dated 10.10.2008 jsw energy (vijaynagar) ltd merged with jsw energy ltd and all the assets came to be vested in the jsw energy ltd. with ..... is to be considered as a captive generation plant. 11. the central government in exercise of powers conferred under section 176 of the electricity act, 2003 (act 36 of 2003) has made rules called ??the electricity rules, 2005). rule 3 of the rules of 2005 lays down the requirements of ..... are to be treated as captive consumption by jsw steel itself. but the jpocl and boc india limited are independent companies, incorporated under the companies act having their own identities. hence, electricity consumption by these two companies cannot be considered as consumption of jsw steel limited itself, though jsw steel ..... claimed by the appellant including for electricity use for conversion of oxygen ought to have been liberally construed to sub-serve the objective of electricity act, 2003. the appellant had entered into an arrangement for dedicated oxygen supply by conversion of its facilities by engaging with the companies having ..... steel which is not making any revenue or profit whatsoever on the power supply. c) the liberalization of the captive generation under the electricity act, 2003 was because of the inability of the distribution licensee to meet the growing demand of electricity, particularly, for industrial requirements and, therefore, .....Tag this Judgment!