Court : Karnataka
Reported in : ILR2008KAR519; (2008)14VST182(Karn); 2008(1)KCCRSN49; 2008(3)AIRKarR48; AIR2008NOC1797
..... situation. the officers of the revenue did not interpret the word 'accessory' whether it is a machinery as mentioned in entry 52 of the first schedule to the act as directed by this court in writ petition orders referred to supra, which order was passed in the case of the assessee and further, as could be seen from the two division bench ..... .1997 has examined the factual aspect regarding whether t.v. antenna is an accessory for the purpose of sales tax under me provisions of the kst act, with reference to the decisions of the supreme court in the case of annapuma carbon industries co. v. state of andhra pradesh reported in  37 stc 378, star paper mills ltd v. collector of ..... by the kat in the impugned judgment are in conformity with the entry 52 of schedule of the kteg act and the two division bench decisions of this court referred to supra wherein this court has followed various decisions of the supreme court and other high courts, which are extensively discussed and recorded its reasons by following the decisions. the relevant paragraphs of the same ..... 54 cause(1) of the regulations contending that in view of the specific entry in the schedule to the kteg act and the decisions of the supreme court upon which strong reliance is placed by the two division bench decisions of this court in the case of pioneer enterprises v. joint commissioner of commercial taxes (appeals) and anr. reported in 2004 134 stc .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : I(2008)BC504
..... 24 of the agreement. on 26.7.2006 company filed a complaint annexure p/9 against the complainant under section 138 of the act in the court of jmfc, goharganj.3-c. instead of choosing to attend and defend the court at goharganj, the complainant has chosen to lodge the fir and thereafter filed the complaint dated 31.7.2006. the company vide ..... on the other hand the attendant circumstances indicate that the fir was to preempt the filing of the criminal complaint against the complainant under section 138 of the negotiable instruments act. the high court, therefore, was well within its power in quashing of the fir as otherwise it would tantamount to the abuse of the process of the ..... was sent and when the payment was not made by the complainant, company filed a complaint under section 138 of the act in the court of metropolitan magistrate bombay in the year 2001. impugning this complaint under section 138 of the act one writ petition was filed by the complainant quashing the same but the same was rejected on 14.6.2002. no ..... observed that the petition of complainant does not contain elements of cheating. it is evident that the complainant filed the complaint in court suppressing material facts of pending criminal proceedings under section 138 of the negotiable instruments act and dismissal of writ petition. if the complainant disclosed all the facts and did not suppress material facts the learned magistrate would have been .....Tag this Judgment!
Court : Chennai
Reported in : 2008(2)ARBLR598(Madras)
..... . from the judgments cited by the learned senior counsel and referred to above with regard to the scope of section 34 of the arbitration and conciliation act, 1996 it is clear that the supreme court has held that where the arbitrator has applied his mind to the pleadings, the evidence adduced and the terms of the contract there is no scope for ..... to the time limits laid down in clause 67.1 of the contract. the respondents hold that unless claimants seek extension of time from a competent court under section 43(3) of the arbitration and conciliation act, 1996, claim no. 1 has ceased to be arbitrable. the claimants respond to this argument by taking the stand that in reality there was no ..... that an arbitral award be set aside, the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963), for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.(i) claims confirmed because engineer's decision ..... now calls the 'first step':a similar contention advanced on behalf of the respondent has been negatived by this court construing the relevant provisions of sections 138, 141 and 142 of the act in sadanandan bhadran v. madravan sunil kumar : 1998crilj4066 . this court observed that a combined reading of section 138 and section 142 leaves no room for doubt that cause of action .....Tag this Judgment!
Court : Kolkata
Reported in : 2008(2)ARBLR209(Cal),(2007)3CALLT634(HC),2008(1)CHN16
..... it is used. hence, it should be given a meaning in the context and also considering the purpose of the section and scheme of the act. the apex court also observed that in case where validity of the award is challenged there is no necessity of giving a narrower meaning to the terms 'public policy ..... of the award without having a proper clarification on that score from the arbitrator. hence, we take recourse to section 34(4) of the said act which empowers the court to refer the matter, rather to give an opportunity to the arbitral tribunal to eliminate grounds for setting aside of the award. the learned judge ..... the jurisdiction of the arbitrator to consider and award interest in respect of all period subject only is section 29 of the arbitration act, 1940 and that too the powers of the court thereunder has to be upheld. in the instant case there is neither any express fetter on the arbitrator to award interest (disregarding ..... said decision gave its conclusion which is quoted below:74. in the result, it is held that:(a)(1) the court can set aside the arrival award under section 34(2) of the act if the party making the application furnishes proof that:(i) a party was under some incapacity, or(ii) the arbitration ..... the grounds mentioned therein. the scope of challenge was much wider than what is now restricted in section 34 of the act of 1996. on the 1996 act coming into force the courts of law were searching in vein to find out their power to examine an award under section 34 on merits. the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2008Guj29; 2008(1)ARBLR624(Gujarat); (2008)1GLR525
..... to decide the same on merit after, affording opportunity to the respondent. in that case, the insurance company filed arbitration petition under section 34 of the arbitration and conciliation act, 1996 in the high court of judicature at bombay and the said petition was dismissed for want of jurisdiction and the insurance company thereafter filed fresh petition under section 34 of the ..... further objections can be filed. since the learned additional district judge decided the matter keeping in mind the provisions contained in section 34(3) of the act, the petitioner does> not deserve any relief from this court and the petition is required to be dismissed on this ground.11. in support of his submission, mr. sukhwani relied on the decision of hon ..... having gone through the order passed by the learned additional district judge, vadodara as well as the pleadings raised before the court and the authorities cited, the court is of the view that the provisions contained in section 34(3) of the act have not been properly dealt with by the learned additional district judge. these provisions are applicable only to filing of ..... that this phrase would amount to an express exclusion within the meaning of section 29(2) of the limitation act, and would therefore bar the application of section 5 of that act. parliament did not need to go further. to hold that the court could entertain an application to set aside the award beyond the extended period under the proviso, would render the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2008)149PLR511
..... as under:23. matters to be considered in determining compensation - (1) in determining the amount of compensation to be awarded for land acquired under this act, the court shall take into consideration - first, the market value of the land at the date of the publication of the [notification under section 4, sub-section (1);]secondly, the damage sustained ..... permod kohli, j.1. these appeals arising out of various awards passed by the additional district judge, karnal i.e. the reference court deciding various references under section 18 of the land acquisition act i of 1894(hereinafter referred to as 'the act'), have been placed before me pursuant to remand order dated 16.12.2004 passed by a hon'ble division bench of ..... .1982. dissatisfied with the rates determined by the collector, land owners sought reference under section 18 of the act from the collector who made various references to the additional district judge, karnal. these references were decided by the said court on different dates. the reference court, after the evidence of the parties, determined the rate of compensation in the following manner:date of ..... of the land in and around the municipal limits of karnal. first notification under section 4 of the act for acquisition of the land came to be issued in the year 1973 precisely on 2.5.1973. at the relevant time, the reference court i.e. additional district judge, karnal awarded the compensation of the land at the rate of rs. 20a .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2008(1)JKJ161
..... . ashraf mir, k.c. padhi, dig bsf and anil sethi, ex-additional advocate general under section 376 rpc and section 3,4,5 of immoral traffic (prevention) act, 1956 and 67 it act, 2000.40. this court vide its order dated 10-5-2006 directed that detailed statement be recorded of accused sabeena, who was allegedly supplying girls to bureaucrats, politicians, businessmen etc. for ..... pertaining to claim of having married lady constable kaiser, the relevant part of said lady's statement recorded on 11.09.2006, may also be quoted.i know shri ashkoor ward, ssp as he was there in the recruitment board when i was selected as constable. 1 have never married him. i have never indulged in any sexual activity. i am ..... the sensitivities and the possible adverse impact of delay, the investigation and consequential action could not brooke any delay, particularly in view of the frailty of concerned girls coming for ward against all possible odds to depose before cbi and the might of those whom they were implicating the political functionaries and officers of police/civil administration who could try to ..... of shagufta, gulshan, gulshan @ pepsi one murvat mir, hakeem mohd yasin, niyaz mehmood dig police, sheikh mehmood sp, ashkoor ward ssp, one amit amla and dr. pri tipal singh goga had been recorded in view whereof while quoting from hon'ble apex court order, the proceeding under order of 7.9.206, continued as follows:in view of the orders of this .....Tag this Judgment!
Court : Delhi
Reported in : 2007(122)ECC121; 2007(148)LC121(Delhi); 2008(222)ELT161(Del)
..... that so far as the petitioners before it were concerned, their basic prayer relating to non-disposal of their request for investigation into dumping activities also stood disposed of. the court extensively noticed the conclusions drawn by the designated authority in the order dated 27th august , 2003 wherein the authority had held that the present petitioners had not been able ..... 2000 holding that the government was justified in effecting the change in the fixation of the floor price which was based on all relevant considerations. in its detailed judgment, the court noticed that in order to protect domestic industries, two modes are envisaged to protect their pricing. one mode is levy of anti-dumping duties under the customs tariff (identification, ..... , 1999, the government of india withdrew the minimum floor price fixed for import of steel under the notification dated 10th/11th december, 1998. the petitioners contended before the high court of calcutta that the designated authority had withheld disposal of the anti-dumping petition and if the floor price was withdrawn, they would be left without protection. my attention has ..... into the 'opinion' and the manner in which it is to be formed under section 237(b) of the companies act had come up for consideration in this pronouncement of the apex court. the apex court thus recognised the permissibility of the scrutiny by a court as to existence of some circumstances within limited parameters and not as to the sufficiency thereof. the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(2)ALD819; 2008(3)ALT522
..... an individual in the eye of law. therefore, he is duty bound only to publish the information which he is satisfied to be true.15. the pepsu high court in the t.g. goswami's case (supra), held thus:the fact that the accused is a journalist does not make any difference, for the ..... guaranteed to the citizens of the country by article 21 of the constitution of india. therefore, whenever the case of public official comes to the court, their acts and conduct are relevant to the discharge of their official duties, the right to privacy or for that matter the remedy of action for damages is ..... with reckless disregard for truth. in such a case, it would be enough for the defendant (member of the press or media) to prove that he acted after a reasonable verification of the facts; it is not necessary for him to prove that what he has written is true. of course, where the publication ..... staff in the hospital informed the reporter that the appellant so as to compel the staff nurse to submit herself encouraged the accused to commit the alleged act. at the request of the staff members alone, their anonymity seems to have been protected. it becomes the plain obligation of the reporter or journalist, ..... seen. the rule of inadmissibility of hearsay evidence has its own exceptions. sections 6, 17 - 30, 32 - 35 and 74 of the indian evidence act are the relevant provisions which carve out an exception to the hearsay rule. unless that part of the news item which according to the appellant is scandalous and .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(3)497; 2008(36)PTC168(Del)
..... passing off lies deception or its likelihood never has the tort shown even a slight tendency to stray beyond cases of deception. hodgkinson and corby v. wards  1 w.l.r. 1564, jacob j. at 1570).(5) secondly, to deceive is one thing. to cause confusion is quite another ..... harmonisation in the internal market (ohim), famously known as 'the baby dry case', reported at (2002) rpc 17. in the said case, the court came to categorical finding that the expression 'baby dry', being an unusual juxtaposition of two independent english words, could not be described as being wholly descriptive ..... of the law have not changed in principle, the judicial approach whilst adjudicating upon an action for passing off has gradually changed as the courts have become more circumspective of those who complain of deception. this is primarily owing to the propensity of traders in adopting purely descriptive words as ..... its widespread use and thus the present suit is barred due to warranty of statutory notice under section 167 of the gujarat co-operative societies act, 1967.20. it is vehemently contended by learned senior counsel for the defendant that the expression 'sugar free', being per se descriptive in ..... a multi-step high technology manufacturing process.7. the tablet dispensary container of 'sugar free' is stated to have obtained registration under the designs act, 1911. it is further submitted by the plaintiff that it has already been successful in securing registration of the trade mark 'sugar free' in .....Tag this Judgment!