Court : Kerala
Decided on : Aug-20-2009
Reported in : 2009(3)KLJ165
..... could be paid to the plaintiff on humanitarian considerations, the lic should also avoid using such complicated terms and conditions in their contracts which even the courts find it difficult to decode so that every applicant is able to understand the impact of each and every clause in the contract without any assistance from ..... 28.10.1993 is the date of policy and the resultant decree passed on that basis cannot be sustained. the judgment and the decree passed by the court below are accordingly set aside and the suit will stand dismissed.16. in the result, this appeal is allowed as above. however, having regard to ..... accepted by the insurer and the acceptance is communicated to the applicant. in lic of india v. r. vasireddy air 1984 sc 1014, the apex court observed as follows:a contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his ..... of issue of the policy was 8.2.1994, which is the date which ext.a1 policy bears. the date of its maturity was on 28.10.2008. as per clause 11(b) of ext.a1 policy, benefit b of the policy schedule, could be availed by the insured (plaintiff) on the occurrence ..... (so that premium will be lower), availing income tax rebate for maximum premium amount in the particular financial year etc. under section 45 of the insurance act date on which the policy of insurance (contract of insurance) becomes effective shall be the date of accepting the proposal from which date alone the risk .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-2009
Reported in : 2009(111)BomLR4573
..... by the accused who has been convicted and sentenced under section 20(b)(ii)(c) of the n.d.p.s. act, 1985 act, for short) in special criminal case no. 8/2008 by judgment dated 19-1-2009.2. the raid in this case was conducted by police inspector suraj halarnkar/pw7 of anc ..... in the laboratory, to a question in cross examination, has stated that he could not answer whether the contraband contained cow dung also and the apex court came to the conclusion that the isolated answer was hardly sufficient to destroy the evidence of that witness.40. considering the facts of the case and ..... quantity and it was contended that its percentage content of heroin translated into weight that is relevant and that is the contention which was ultimately accepted by the court. relying on its earlier decision in the case of ouseph alias thankachan v. state of kerala : (2004) 4 scc 446, it was held that ..... could not have been more than six months and which period the accused has already undergone. learned counsel further submits that the view held by this court earlier in the case of shri vijaykumar ghale v. the state (unreported judgment dated 15.6.2006 in criminal miscellaneous application no. 196 of 2006) ..... an independent witness until it is proved that he was dependent on the police or other officers for any purpose or whatsoever. further, the apex court has stated that the necessity for independent witness' in cases involving police raid or police search is incorporated in the statute not for the purpose of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-12-2009
Reported in : (2009)224CTR(SC)1; 2009(165)LC93(SC); 2009(238)ELT3(SC); JT2009(7)SC314; 2009(8)SCALE231; 20STT481; 180TAXMAN609(SC); 2009(4)LC1637(SC); (2009)11VatReporter2
..... on behalf of the revenue, the appellants in the two appeals, it was contended, relying upon a recent decision of this court in union of india v. dharamendra textile processors : 306itr277(sc) that mere non payment or short payment of duty (without anything else!) would inevitably lead to imposition of ..... the slps.2. what are the conditions and the circumstances that would attract the imposition of penalty under section 11ac of the central excise act (`the act', hereinafter)? in the two cases before us the tribunal has taken the view that there was no warrant for levy of penalty since ..... 8) scale 304. the question which arises for determination in all these appeals is whether section 11ac of the central excise act, 1944 (in short the `act') inserted by finance act, 1996 with the intention of imposing mandatory penalty on persons who evaded payment of tax should be read to contain mens rea ..... statement or suppression of facts' which means with intent to evade duty. the next set of words `contravention of any of the provisions of this act or rules' are again qualified by the immediately following words `with intent to evade payment of duty.' therefore, there cannot be suppression or mis-statement ..... statement or suppression of facts' which means with intent to evade duty. the next set of words 'contravention of any of the provisions of this act or rules' are again qualified by the immediately following words 'with intent to evade payment of duty'. it is, therefore, not correct to say .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-18-2009
Reported in : 2009(4)BomCR843; 2009(111)BomLR1246; 2009BusLR326(Bom)
..... 'snatched '. if any purchaser fell out, many would take his place. in such cases the award for damages would have been purely nominal. the court considered that the situation in that case was different and that there was, then no demand for the motor cars such that they could be readily absorbed ..... quantification of damages even if it was based upon guesswork. (see also cheshire supra). hence 10% the contract price granted as damages by the trial court was held reasonable and permissible though in the other 2 cases cited therein 15% of the contract price was allowed on damages.67. further in the ..... when faced with such a situation that a precise quantum of damages could not be calculated because of insufficiency of material placed on the record, the court may form its own conclusions on matters in respect of which there is no evidence, on a reasonable basis and the defendant s must be paid ..... price the goods would have fetched and hence, the damages could be correctly determined. relying upon the case of a.v. joseph (supra) the court considered the fact of the plaintiff not having led sufficient evidence to show the details of damages, despite which the privy council held that the plaintiff ..... precise and proper. hence, relying upon the case of delhi development authority v. r.s. sharma & co., new delhi : 2008(11)scale663 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 provisions of law .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR737
..... question whether a person holds an office of profit under the governemnt, each case must be measured and judged in the light of the relevant provisions of the act. in paragraph 36 the court held thus: (scc p. 447)36. the question whether a person holds an office of profit, as already noticed, is required to be interpreted in a ..... singh, it is observed that historical facts and surrounding circumstances can always be taken into consideration by the court while interpreting the provisions:it has already been noticed that the court is entitled to take into account 'such external or historical facts as may be ..... of goa relied upon the divisional manager, aravali golf club and anr. v. chander hass and anr. (2008)1 scc 683, in support of his contention that creation and sanction of posts is a prerogative of executive and legislative authorities and the court cannot arrogate to itself this purely executive or legislative function and direct creation of posts in any organisation ..... well as representation of people act, 1951. this approach, thus, clearly establishes that the exercise of executive power by the state has to be in conformity with the constitutional limitation and mandate. the constitutional provisions cannot be circumvented by recourse to methodology which is otherwise not permissible.28. in `principles of statutory interpretation' (11th edition, 2008) by justice g.p. .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-18-2009
Reported in : 2009(111)BomLR2884
..... dependent on the final outcome of the fresh enquiry.46. the aforesaid principle has been adopted by the division bench of this court while considering provisions of the m.e.p.s. act in the case of kashiram rajaram kathane v. bhartiya r.b. damle gramsudhar shikshan prasar sanstha 1997(3) mh.l.j. ..... petition.5. in response to the notice issued to the respondents, the management appeared in the writ petition and filed its affidavit in reply on 28.07.2008 for opposing admission of this petition. in the said affidavit in reply, amongst other grounds, it is contended in para 5 that the education officer (respondent ..... of 1981. this application for permission to conduct an enquiry was opposed by the petitioner. however, vide order dated 18.06.2008, the said application came to be allowed by the tribunal with a direction to conduct enquiry and complete the same within a period of one month. ..... a period of 6 months and set aside the stay order.b) according to the petitioner, when the appeal came up for hearing on 18.02.2008 before the tribunal, respondent no. 1 moved an application for grant of permission to conduct enquiry as per rule 36 of the meps (cs) rules ..... petition, filed under articles 226 and 227 of the constitution of india, the petitioner has challenged the order passed by the school tribunal, latur dated 18.06.2008 in appeal no. 29/2007 thereby allowing respondent no. 1 to conduct enquiry against the petitioner during the pendency of the appeal.2. rule. rule made .....Tag this Judgment!
Court : Delhi
Decided on : Apr-16-2009
Reported in : 166(2009)DLT108
..... be commercial has applied rates of residential. it is also contended that there is inconsistency in the award and which as recently held by this court in union of india v. sanghu chakra hotels pvt. ltd. : 152(2008)dlt651 called for interference with the award; it is also contended that there was a huge disparity between the rates of letting as determined ..... , i deem it appropriate to consider the objections on merits. 22. yet another reason which persuades me to consider the objections within the ambit of section 34 of the arbitration act is that the arbitrator in the present case was appointed following similar appointment of an arbitrator in the case of banwari lal with respect to identical requisitioning and acquisition notification ..... the writ petition, it was felt that the petitioner was entitled to receive damages for use and occupation from the respondent. for determination thereof, this court seems to have been guided by section 8 of the requisitioning act providing for appointment of an arbitrator by the central government for such determination. however, i find that section 8 (1) (g) provides that nothing ..... a property no. 2, under hill road, civil lines, delhi. the said property was requisitioned on 3rd april, 1980 under the provisions of the requisition and acquisition of immovable property act, 1952. it is not in dispute that the said requisitioning lapsed on 10th march, 1987. the government, however, on 6th march, 1987 issued notification under the provisions of the land .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-24-2009
Reported in : (2009)3GLR2416
..... this contention cannot be accepted in light of recent decision in case of oriental insurance co. ltd. v. jasuben and ors. reported in 2008 (2) scale 474 of hon'ble apex court where hon'ble apex court has held that while calculating compensation in case of deceased whatever actual income on date of death is to be taken into account by claims ..... limits of liability but ignored additional premium paid by insured owner rs. 40/- over and above rs. 200/- which meant for act policy. therefore, view taken by this court as well as various high courts as discussed by this court that when rs. 240/- premium for liability to public risk is accepted it amounts to accepting being an independent agreement between insured- ..... to conclusion that insurance company is having limited liability. in insurance policy exh.127 there is no specific condition incorporated which suggests limited liability. merely referring section that section suggests act policy, claims tribunal has decided question of liability of insurance company. but it is not a case of insurance company before claims tribunal, mehsana that policy which was issued ..... tariffs advisory circulars and referring tariff advisory in respect to commercial vehicle schedule of premium for passenger carrying vehicle including passengers risk liability to public risk is rs. 240/- and act only liability is rs. 200/- to be paid by insured to insurance company. he submitted that insured-owner has paid rs. 240/-. liability of public risk covering unlimited .....Tag this Judgment!
Court : Delhi
Decided on : Oct-26-2009
Reported in : 166(2010)DLT109
..... as the triple- identity list referred to in the case of ahmed oomerbhoy and anr. v. gautam tank and ors. : 146 (2008) dlt 774. in ahmed oomerbhoy (supra) this court was called upon to adjudicate as to whether the defendant's mark 'super postman' was deceptively, similar to the plaintiff's mark ' ..... the defences available to a defendant as against the registered proprietor of a trade mark, are set out in section 34 of the t.m. act. therefore, normally if the following queries are answered in affirmative a injunction should follow:(i) whether the infringing mark is identical or deceptively similar to ..... infringe without searching the registrar of trade marks in any better position than if he had searched and so learned of the claimant's mark. acts of the proprietor done in ignorance of the infringement, or even done without his own registration in mind, will not amount to acquiescence. a ..... advocate drew my attention to the following documents:(i) a certificate of registration dated 10.08.2005 issued under section 23(2) of the trade mark act, 1999 read with rule 62(1) framed there under, evidencing thereof the registration of trade mark 'apl apollo' in respect of m.s. black and ..... following terms:an order to interim injunction restraining the defendants, partners/promoters as the case may be, directors, servants, agents, franchisees or any one acting for or on their behalf in any manner using the mark 'apollo' or any other mark identical or deceptively similar to the plaintiff's mark 'apl .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-02-2009
..... registered as on the date of the suit for the relief of infringement though it could be material against passing off in a court having jurisdiction. in the case of mfa no. 13696/2008 even though class-16 is pleaded and allegation of brochure of defendant is made, the ultimate grievance is against the business itself. ..... trade mark though in the said case the issue related to the jurisdiction in view of section 62(2) of the copy rights act, 1957. in that context, the hon'ble supreme court is of the view that cause of action will arise only when a registered trade mark is used and not when an application ..... held in premier distilleries case the cause must precede the action and not follow it. in fact the hon'ble supreme court in the case of k. narayanan and ors. v. s. murali : air 2008 sc 3216 has also held that there is no right in the person to assert infringement before registration is granted. this ..... a decision in the case of indian hotels company ltd. and anr. v. jiva institute of vedic science and culture : 2008 (37) ptc 468 (del.) rendered by a hon'ble division bench of high court of delhi, this aspect has been adverted to and in a situation where the parties had registration in class -16 and an ..... and the right under the act if invoked, even then, since the suit under the act is in the nature of passing off, even in that event, a composite suit is not maintainable as held by the hon'ble supreme court in the case of dabur india ltd. v. k.r. industries : air 2008 sc 3123 relied on .....Tag this Judgment!