Skip to content


Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Page 8 of about 918 results (0.115 seconds)

May 19 2015 (HC)

Pepsi Foods Ltd. (Now Pepsico India Holdings) Vs. Deputy Commissione ...

Court : Delhi

..... provisos, as they stood. there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. no decision of any high court has been brought to our notice by the learned counsel for the parties, wherein the constitutional validity of the third proviso to section 254 ..... assessee.11. it is evident that the amendment introduced by virtue of the finance act, 2008 had nullified the effect of the decision of the bombay high court in narang overseas (supra). the said provision, after its amendment by virtue of the finance act, 2008, came up for consideration before this court in maruti suzuki (india) limited (supra). the following observations made by a division ..... bench of this court in that case are relevant: 26. in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of ..... the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days .....

Tag this Judgment!

May 19 2015 (HC)

Pepsi Foods Ltd. (Now Merged With Pepsico India Ho Vs. Deputy Commiss ...

Court : Delhi

..... provisos, as they stood. there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. no decision of any high court has been brought to our notice by the learned counsel for the parties, wherein the constitutional validity of the third proviso to section 254 ..... assessee.11. it is evident that the amendment introduced by virtue of the finance act, 2008 had nullified the effect of the decision of the bombay high court in narang overseas (supra). the said provision, after its amendment by virtue of the finance act, 2008, came up for consideration before this court in maruti suzuki (india) limited (supra). the following observations made by a division ..... bench of this court in that case are relevant: 26. in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of ..... the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days .....

Tag this Judgment!

Jul 30 2008 (FN)

Doherty (Fc) (Appellant) and Others Vs. Birmingham City Council (Respo ...

Court : House of Lords

..... underwood qc (for the city council) did not, as i understand it, strenuously oppose that submission. during your lordships protracted deliberations on this appeal the housing and regeneration act 2008 has passed through parliament and received the royal assent. it corrects the defect in the statutory scheme. but for that i would have urged your lordships to make a declaration ..... grounds and traditional judicial review grounds. 117. at this point i find it helpful to stand back a little and consider the very different positions of the strasbourg court and a court hearing a possession action in england and wales. strasbourg is concerned with the bigger picture: has the united kingdom failed, through all or any of its legislative, ..... review in the conventional sense that the decision to recover possession was wholly unreasonable would be unarguable. mccann v united kingdom 15. on 13 may 2008, after the hearing in this appeal, the strasbourg court delivered its judgment in mccann v united kingdom, application no 19009/04. in that case the applicant and his wife were joint tenants of ..... as convention-compliant statutory schemes are developed and public authorities become accustomed to tailoring their performance of their duties to convention values. in a large number of cases, county courts already tackle sensitive issues of reasonableness, as well as issues regarding breach of conditions of occupancy, when deciding whether to make or suspend possession orders; the limited modification .....

Tag this Judgment!

Nov 11 2016 (SC)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... on entry of goods into local areas act, 2008 to be unconstitutional and void. the punjab and haryana high court invalidated the haryana act, the matters again came to this court in a connected matter being jaiprakash associates[7].(a two judge bench) referred ten questions to the constitutional bench.[8]. one ..... of trade and commerce and violated articles 301 and 304 of the constitution of india. on april 16, 2008, the state of haryana repealed the 2000 act and enacted the haryana tax on entry of goods into local areas act, 2008, impugned in this appeal. the high court in indian oil corporation v. state of haryana[6]., declared that the provisions of the haryana tax ..... intercourse.93. in ramjilal s case (supra), a petition under article 32 of the constitution was filed before this court by the petitioner who was carrying on business in the state of nabha. with the merger of nabha into the state of pepsu, the petitioner was required by the assessing authority to file return and pay income tax for the income earned ..... by him during the previous years. aggrieved, the petitioner challenged the proceedings inter alia on the ground that the assessment of tax for previous year violated his right guaranteed under article 14. this court repelled the contention founded .....

Tag this Judgment!

Oct 11 2017 (SC)

Independent Thought Vs. Union of India

Court : Supreme Court of India

..... years. the position as on date is that under the protection of children from sexual offences act, 2012, juvenile justice (care and protection of children) act, child marriage restraint act, 1929, protection of women from domestic violence act, 2005, the majority act, 1875, the guardians and wards act, 1890, the indian contract act, 1872 w.p. (c) no.382 of 2013 page 87 and many other legislations, a ..... an intoxicating drug is consumed by the public. while upholding the view of 23 (1986) 3 scc38524 (1984) 1 scc22225 (2008) 3 scc1w.p. (c) no.382 of 2013 page 53 the delhi high court striking down the provision as unconstitutional, this court held in paragraphs 46 and 47 of the report: it is to be borne in mind that legislations with pronounced ..... s principles of statutory interpretation, 9th edn., 2004, p. 497...... 56. in subramanian swamy v. director, cbi49, a constitution bench of this court laid down the following principle:48. (2008) 4 scc72049 (2014) 8 scc682w.p. (c) no.382 of 2013 page 104 court s approach 49. where there is challenge to the constitutional validity of a law enacted by the legislature, the ..... court must keep in view that there is always a presumption of constitutionality of an enactment, and a clear transgression of constitutional principles must .....

Tag this Judgment!

Oct 05 2012 (HC)

The Management, Eih Associated Hotels Ltd., (The Trident, Chennai) and ...

Court : Chennai

Reported in : 2012(5)LLN729; 2013(1)LW258

..... were not given to the workman. 16. mr.t.p.manoharan, the learned counsel appearing for the management, referred to the following judgment of the supreme court reported in (2008) 4 scc 42 [pepsu road transport corporation v. rawel singh] for contending that inspite of service of show cause notice, the workman failed to appear in the enquiry. 17. ..... the workman to work out his rights in term of execution proceedings vested with the labour cout under section 11-b of the i.d.act. in view of the remedy available, this court is not inclined to deal with the contempt petition, especially when the petition filed by the management in m.p.no.3 of 2012 ..... the file of the first respondent and quash the same. contempt petition filed under section 11 of the contempt of courts act to punish the respondents for willfully and deliberately violating the common order of this hon'ble court dated 19.03.2012 passed in m.p.no.2 of 2012 in w.p.no.25031 of 2011.) ..... within 8 weeks failing which the workman can proceed to compute the amount as he has already filed claim petition before the labour court under section 33-c(2) of the i.d.act being c.p.no.1882 of 2011 as well as invoke the power of execution under section 11-b of the i.d ..... and 2 of 2012 seeking for a direction to pay rs.9750/- every month to the workman in terms of section 17-b of the i.d.act and also for vacating the interim stay granted on 31.10.2011. both applications were supported by a counter affidavit filed by the workman dated 18.02.2012. .....

Tag this Judgment!

Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... proof of identity, any such pattern in itself is crucial data that could be used to predict the emergence of future choices and preferences of individuals. 449 aleksandr solzhenitsyn, cancer ward, the bodley head (1968) 337 part h these preferences could also be used to influence the decision making of the electorate in choosing candidates for electoral offices. such a practice ..... are left in every facet of human life, it will lead to a loss of privacy. the repercussions of profiling individuals were anticipated in 1966 by alexander solzhenitsyn in cancer ward 449. his views are prescient to our age: as every man goes through life he fills in a number of forms for the record, each containing a number of questions ..... focusing the discussion to the aspect whether there is sufficient data available with the respondents which may facilitate the profiling and misuse thereof or whether there are sufficient safeguards to ward off the same. in the process, we would be discussing the issues pertaining to data protection as well. at the same time, there would be some overlapping of discussion inasmuch ..... kingdom400: in addressing the question whether section 4(2)(c) of the 1985 act (as amended) was reasonably justifiable in a democratic society the supreme court drew on jurisprudence of the european court of human rights in s v the united kingdom in substance the the court asked whether 400 [2008]. echr1581293 part h to fundamental the measure rights which measure pursued a legitimate aim .....

Tag this Judgment!

Apr 13 2018 (SC)

Commissioner of Central Excise Etc. Vs. m/s.aishwarya Industries Throu ...

Court : Supreme Court of India

..... under the auspice of the general agreement on tariffs trade (gatt). in commissioner of customs and central excise, goa v. phil corporation ltd. (2008) 17 scc569 this court explained the hsn as under:-"9. ...the central excise tariff act is broadly based on the system of classification from the international convention called the brussels 69 convention on the harmonized commodity description and coding ..... given in the glossary of terms of the isi."74. 60. however, in camlin ltd. v. commissioner of central excise, mumbai (2008) 9 scc82 this court held that if the entries under hsn and the entries under the central excise tariff act are different then reliance cannot be placed upon hsn notes for the purposes of classification of goods under the central excise ..... note 2 to section vi and chapter note 3 to chapter 33 in support of the contentions advanced. apart from relying on the aforesaid provisions of the act, shri panda has submitted before the court that an elaborate market survey of the product undertaken had indicated that coconut oil in smaller packages are understood in the market and purchased as hair oil ..... by military personnel who are posted in high-altitude areas. in commissioner of central excise, calcutta v. sharma chemical works (2003) 5 scc60 this court held that in interpreting provisions of a statute like the excise act, the popular meaning as understood by the users should be applied and not the scientific or technical meaning.49. as held in jain exports pvt .....

Tag this Judgment!

Apr 16 2018 (SC)

m.p.power Generation co.ltd.. And Anr Vs. Ansaldo Energia Spa and Anr

Court : Supreme Court of India

..... the adjudicatory authority is so deeply embedded in our jurisprudence that it can be described as a fundamental policy of indian law. this court further 3 4 (2008) 13 scc80(2014) 9 scc26324 observed that the award of the arbitral tribunal is open to challenge when the arbitrators fail to ..... severable from the rest according to the said judgment (western geco ltd. (supra)).19. the limit of exercise of power by courts under section 34 of the act has been comprehensively dealt with by justice r.f. nariman in the case of associate builders v. delhi development authority5. lack of ..... 32 section 19 of the contract by relying upon illustration (b) therein. it will be useful to reproduce sections 18 and 19 of the indian contract act, 1872 which read as under: 18. "misrepresentation" defined "misrepresentation" means and includes- (1) the positive assertion, in a manner not warranted by ..... exhibit- hh to the statement of claim(damages for the wrongful breach of contract), the claimant preferred an application under section 34 of the act. the said application was dismissed by the learned additional district judge. the appeal filed by the claimant against the judgment of the learned additional ..... including the costs of the arbitration proceedings."5. 6. the petition filed by the board under section 34 of the arbitration and conciliation act, 1996 (for short the act ) was allowed by the learned 7th additional district judge, jabalpur and the award dated 23rd september, 2004 of the arbitral tribunal set .....

Tag this Judgment!

Apr 16 2018 (SC)

m.p.power Generation co.ltd.. And Anr Vs. Ansaldo Energia Spa and Anr

Court : Supreme Court of India

..... the adjudicatory authority is so deeply embedded in our jurisprudence that it can be described as a fundamental policy of indian law. this court further 3 4 (2008) 13 scc80(2014) 9 scc26324 observed that the award of the arbitral tribunal is open to challenge when the arbitrators fail to ..... severable from the rest according to the said judgment (western geco ltd. (supra)).19. the limit of exercise of power by courts under section 34 of the act has been comprehensively dealt with by justice r.f. nariman in the case of associate builders v. delhi development authority5. lack of ..... 32 section 19 of the contract by relying upon illustration (b) therein. it will be useful to reproduce sections 18 and 19 of the indian contract act, 1872 which read as under: 18. "misrepresentation" defined "misrepresentation" means and includes- (1) the positive assertion, in a manner not warranted by ..... exhibit- hh to the statement of claim(damages for the wrongful breach of contract), the claimant preferred an application under section 34 of the act. the said application was dismissed by the learned additional district judge. the appeal filed by the claimant against the judgment of the learned additional ..... including the costs of the arbitration proceedings."5. 6. the petition filed by the board under section 34 of the arbitration and conciliation act, 1996 (for short the act ) was allowed by the learned 7th additional district judge, jabalpur and the award dated 23rd september, 2004 of the arbitral tribunal set .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //