Court : Delhi
Decided on : Apr-30-2010
..... 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 : Delhi
Decided on : May-24-2010
..... 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
Decided on : Sep-08-2010
..... 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 : Supreme Court of India
Decided on : Apr-28-2010
..... appellant's remarks could reasonably amount to offence of defamation as defined under section 499 ipc. in the impugned judgment dated 30.4.2008, the high court observed that as to whether the appellant could claim a defence against the allegations of defamation was a factual question and thus would be ..... attorney general for canada air 1931 pc 94; thomas dana v. state of punjab : air 1959 sc 375; jawala ram and ors. v. the state of pepsu (now punjab) and ors. : air 1962 sc 1246; and standard chartered bank and ors. v. directorate of enforcement and ors. : air 2006 sc 1301. ..... against any individual. accordingly, it was held that the complainant was not a 'person aggrieved' within the meaning of section 198 crpc, 1898. the court also took note of explanation 2 to section 499 ipc which contemplates defamation of 'a company or an association or any collection of persons as such'. ..... directed that all the criminal proceedings pending against her be consolidated and tried by the chief metropolitan magistrate at egmore, chennai. however, the high court also proceeded to record its own views regarding the contents of the appellant's statements and even made some strong observations condemning the incidence of ..... 505(1)(b) and 509 ipc read with section 3 and 4 of act 1986. similarly, in the appeal arising out of slp (crl.) 6127 of 2008, the complainant is a lady advocate who has been practicing in the trichy district courts for more than 10 years. she has quoted some portions from the statements .....Tag this Judgment!
Court : Chennai
Decided on : Jul-22-2010
..... seen. the facts are that a reasoned award given in a dispute between the contractor and the government corporation was challenged under section 30 and 33 of the act, 1940 before the high court. originally, the original petition was rejected by the learned subordinate judge and on appeal, the division bench set aside the award. challenging the same, the contractor preferred an ..... the date of receipt of a copy of the order. the order under appeal now before this court is consequent on the order passed on remand from this court. 10. a perusal of the order passed in o.p.no.60 of 1997 dated 27th june, 2008, now the subject matter of the present appeal, shows that it confirmed the findings of the ..... indian bank, high court, madras and the deposit receipt to be kept in the custody of the registrar ..... aspect of liquidated damages, i have no hesitation in confirming the orders of the court below. in the circumstances, the appeal stands dismissed. no costs. consequently, m.p.no.1 of 2008 is also dismissed. 40. it is seen from the orders of this court dated 30.09.2008 that the appellant was directed to deposit a sum of rs.16.00 lakhs in .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-2010
Reported in : AIR2011SC1254
..... to do so as and when such recording is disclosed. f) he filed the affidavit pursuant to the direction given by this hon'ble court on 28th february, 2008 and without prejudice and would deal only with the allegations contained in paragraphs 25 and 26 of the writ-application and paragraphs 6, 8 ..... of and at the same time, the cbi has been permitted to submit such report as charge sheet in the criminal court and the state has been given liberty to act according to its discretion on the basis of such recommendations as the final outcome of the writ-application, we are of ..... g.r.p.s., dum dum was received by the karaya police station. the said letter dated september 21, 2007 from the kolkata nagarik sammelan, 65 ward committee was recorded vide g.d. entry no. 2212, dated september 21, 2007 at 23:20 hours. this letter from kolkata nagarik sammelan as also ..... called by issuing notice under the provisions of the code. mr. bandyopadhyay contends that if no criminal case was registered against rizwanur, the police authorities acted arbitrarily and with mala fide intention in repeatedly calling him in lal bazar for the purpose of breaking the matrimonial relationship between the couple at the ..... herein justified? is respondent no. 3 responsible in any manner? (iv) did any of the city police officers (respondents 5, 7, 8 and 9) act ultra vires in discharge of official duties? (v) whether investigation conducted by the state police agencies was in accordance with law? (vi) whether the facts and .....Tag this Judgment!
Court : Delhi
Decided on : Aug-10-2010
..... . shri prabhakar kishan khandare & anr.(supra), on the issue of costs, it was held that :-"17. it is also necessary to notice the observations of the apex court while considering another act of fraudulent concealment of the material facts and filing of fraudulent litigation. in the pronouncement reported at 2000(4) scale 692 rajappa hanamantha ranoji v. sri mahadev channabasappa & ..... the petitioner admits knowledge of the information on the website which would manifest that the petitioner was aware of the proposal of the respondent no. 2 right from may, 2008. the petitioner has also not reacted to the request for proposals and waited till six days before the closure/last date for submission of bids before writing its first ..... also pointed out, that the advertisements were issued notifying applications for the request for qualification ('rfq' hereafter) by public advertisement which were published and circulated on 29th may, 2008 in national dailies including the hindustan times and the financial express for two major highway projects including the project in question. additionally the rfq document was also posted on the ..... 2 herein (also referred to as the 'nhai' hereafter), issued an advertisement in leading newspapers including the hindustan times and the financial express both dated the 29th of may, 2008 inviting requests for qualification ('rfq' for brevity hereafter) to undertake inter alia the work involving the talegaon-amravati km 100 to km 166.725 (length- km 66.73) section .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Mar-04-2010
..... as jtos afresh so that the claim of eligible candidates could be considered. while disposing of the aforesaid cwp the high court, vide annexure a-11 judgment dated 30.5.2008, directed the respondents to restore the posts diverted from direct recruitment quota to 35% departmental quota to admit telecom technical assistants ..... to judicial review in different high courts except that it does not have different benches like one we have already referred to above. however, somewhat similar situation had arisen and the ..... , however, if the order of the commission affects a party residing anywhere in india, such party can in- voke the jurisdiction of the high court exercising the jurisdiction over that area with respect to the orders of the commission. thus, like this tribunal the orders of the commission are subject ..... the bsnl and, therefore, annexure a-8 and annexure a-10 are liable to be set aside by this tribunal and it also cannot be acted upon as an authoritative precedent as it does not lay down the correct legal position for the following reasons :- "1. the writ petitioners before ..... the recognised trade unions was in the form of a settlement under the industrial disputes act, brought into force and implemented. the said settlement/agreement is binding on both the parties. 11. the hon'ble court as evident from its observations in the concluding part of page 7 and the 2nd .....Tag this Judgment!
Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Jul-16-2010
..... exercising powers under art.226 of the constitution can examine the matter. but the scope of judicial review in such matter is rather limited as the high court does not act as the appellate authority. only when the conclusions are perverse, without any material to support it or where irrelevant materials have been taken into consideration for arriving at a ..... laid down in keshar singh's case also applies to cases which arose under 1961 entitlement rules. 35. the matter was again considered by the supreme court in union of india v. surinder singh rathore, (2008) 5 scc 747. regulation 173 as it stood prior to 1973, and rules 2, 3, and 4 of 1961 entitlement rules and regulation 423 ..... the board should be communicated separately when required. d. specialist officers should be conversant with relevant paragraphs in chapter vi and vii of guide to medical officers (mil pensions) 2008. e. possible a etiological factors of the diseases whether infective/degenerative/inherited/immunological/iatrogenic etc. should be brought out clearly. f. no inadvertent remarks on service related issues like ..... its decision to be swayed by sympathy or other extraneous considerations" the chapters vi and vii of the guide to medical officers (military pension) has been amended in the year 2008. after the amendment, paragraph 54 reads as follows: "54. mental and behavioural (psychiatric) disorders. psychiatric illness results from a complex interplay of endogenous (genetic/biological) and exogenous (environmental, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-26-2010
Reported in : AIR2010SC3413; 20105AWC(Supp)5098SC; III(2010)BC495; 2011(1)BomCR653; (2010)3CompLJ585(SC); 2010-5-LW193; 2010(7)SCALE696; (2010)8SCC110; 9SCR1; 2010AIR(SCW)5267
..... a determination of questions which demand an elaborate examination of evidence to establish the right to enforce which the writ is claimed. the high court does not therefore act as a court of appeal against the decision of a court or tribunal, to correct errors of fact, and does not by assuming jurisdiction under article 226 trench upon an alternative remedy provided by statute ..... orissa high court quashing the show cause notice issued to the respondent under the orissa sales tax ..... act by observing that the high court had completely ignored the parameters laid down by this court in a large number of cases relating to exhaustion ..... constitutional provisions. this was a case where the high court should not have entertained the petition under article 227 of the constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act.23. in cct, orissa and ors. v. indian explosives ltd. (2008) 3 scc 688 the court reversed an order passed by the division bench of .....Tag this Judgment!