Court : Chennai
Decided on : Jul-27-2011
..... father. therefore, child was directed to be handed over to mother, to be taken to u.s dhanwanti joshi's case 1998 (1) scc 112 petition under guardians and wards act before family court 1. marriage took place in u.s., on 11-6-1982, child born in u.s. on 15-3-1983 and the couple separated on 20-4-1983 2 ..... court of justice, family division, u.k., in november 2008 4. thereafter, the father initiated habeas corpus before delhi high court held:(i) that the high court was right in balancing the issue of comity of courts and the issue of interest and welfare of the child by directing the child ..... 1. matrimonial home set up in scotland and then moved to england. child born in u.k., and holds british passport 2. mother and child came to india in september 2008 with return tickets, but they did not return 3. so the father obtained an order for the return of the child to the jurisdiction of high ..... to return the minor child to the jurisdiction of that court. even before the initiation of those proceedings in the english court, the mother and the child had returned to india on 12.9.2008. the father also came to india on 10th october 2008 but returned to u.k., on 14th october 2008. the english court passed an order on 26.11.2009, directing the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-26-2011
..... the award is contrary to substantive provisions of law, it would be patently illegal and could be interfered with under section 34 of the a&c act. the supreme court after defining the phrase public policy of india, used in section 34, and requiring it to be of wider meaning, observed that an award ..... also set aside and the registry is directed to refund to the appellants, the amounts deposited by the appellant in pursuance to the orders of this court dated 26th november, 2010 in fao(os) no.674/2010 and 19th january, 2011 in fao(os) no.33/2011 and fao(os) no.34 ..... scc 245; hindustan zinc ltd. -vs- friends coal carbonisation, (2006) 4 scc 445; delhi development authority -vs- r.s. sharma & company, (2008) 13 scc 80; and steel authority of india limited -vs- gupta brother steel tubes limited, (2009) 10 scc 63. 19. from the above discussion, we observe that the arbitral ..... to be in public interest and can be set aside on the ground of being patently illegal. 18. the above statement of law was approved and reiterated by the supreme court in mcdermott international inc. -vs- burn standard co. ltd., (2006) 11 scc 181; centrotrade minerals & metals inc. -vs- hindustan copper ltd., (2006) 11 ..... is challenged before it becomes final and executable. the concept of enforcement of the award after it becomes final is different and the jurisdiction of the court at that stage could be limited. similar is the position with regard to the execution of a decree. it is settled law as well as .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-17-2011
..... notification dated 1.3.2003 is conspicuous by itslanguage to be effective from 1.5.2001. the period ofexemption/reduction is limited by the act to be for a period ofthree years. in the comprehension of this court though section9(3) does not as such in express words permit the stategovernment to issue a notification with a back date, thewords 'date of ..... aconstruction of the notification by the respondents is, according tomr. dutta, wholly untenable in law.25. referring to the decision, in mangalam timber productsltd. v. state of orissa, reported in (2008) 18 vst 1 (orissa), mr.dutta submits that in similar circumstances, orissa high courthas decided that the notification could not be retrospective, whenthe legislation is prospective in nature and the ..... thebenefit of concesssional rate of tax, while making payment of taxfor the year 2004-2005.14. as regards the contention of the respondent no. 4 in itsletter, dated 06.11.2008, aforementioned, that the notification, inquestion, was effective from 01.05.2001, and, therefore, oncompletion of three years, elapsed, by efflux of time, on30.04.2004, the appellant contended that ..... 02.2006, by allowing payment of tax by the appellant at a concessional rateof 4%.12. however, the problem for the appellant started, when anotice was issued, on 06.11.2008, to the appellant by respondentno 4 herein, namely, superintendent of taxes, contending therein,inter alia, that the appellant had been wrongly allowed payment oftax at the concessional rate of 4 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-2011
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 : UK Supreme Court
Decided on : Jun-22-2011
..... the upper tribunal to the court of appeal order 2008, si 2008 no 2834, art 2). equivalent provision has been made for appeals from the upper tribunal to the court of session in scotland by rule 41.59 of the act of sederunt (rules of court of session 1994) 1994 (inserted by ssi 2008 no 349). these criteria ..... are, of course, those applicable to a second-tier appeal from a court to the court of appeal in england and ..... wales under section 55(1) of the access to justice act 1999. it ..... system. in july 2004 a government white paper accepted the broad thrust of those recommendations. parliament then implemented this by enacting the tribunals, courts and enforcement act 2007 ("tcea"). a striking feature of the tribunals system created by the tcea is the creation of two tiers, a first-tier tribunal and ..... proposed by lady hale at para 60. lord dyson introduction it is common ground (and rightly so) that the tribunals, courts and enforcement act 2007 ("tcea") does not oust the court's jurisdiction to grant judicial review of unappealable decisions of the upper tribunal ("ut"). what is in issue is the scope .....Tag this Judgment!
Court : Kerala
Decided on : Oct-27-2011
..... supervisory jurisdiction, a high court not only acts a court of law but also as a court of equity. it is, therefore, power and also the duty of the court to ensure that power of superintendence must advance the ends of justice and uproot injustice. 63. the ..... and can be used, to meet the ends of justice referring to art.227 of the constitution, it is held in ramesh chandra sankla v. vikram cement ((2008) 14 scc 580) as follows: it can be exercised ex debito juistiae i.e. to meet the ends of justice. it is equitable in nature. while exercising ..... was filed by petitioner and his mother as o.s. no.2881/2006 to restrain forceful eviction from the shop room. the suit was decreed on 16.10.2008 and injunction was granted. the copy of judgment is ext.p4. 4. after about two years, in 2010, 1st respondent made attempts to trespass into the ..... . 79. i also gain support from a decision of the supreme court in eicher tractor ltd v. harihar singh (2008 khc 6970=2008 15 scale 60), to take my view on the issue. the supreme court held in the said decision thus: authority of the court exists for advancement of justice and if any attempt is made to ..... that no man should be subjected to injustice by violating the law. 64. in ramesh chandra sankla v. vikram cement ((2008) 14 scc 58) the supreme court reiterated nature of power under art.226 and 227 thus: from the above cases, it clearly transpires that powers under arts.226 and .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-31-2011
..... the de facto complainant the liberty granted to the accused cannot be curtailed and there is no scope for recalling the order passed by the court on 23.12.2008 rejecting his prayer. so he has rejected the said petition as there is no adverse report against the accused on bail for misusing such liberty ..... may be grievous in nature. nevertheless the io has submitted charge sheet in this case under section 304a ipc read with section 23 of juvenile justice act only to secure bail of the yoga teacher which is abuse of the process of law. f) the headmistress and other members of the managing committee ..... to such type of punishment that will be dealt with strictly. this circular has been violated by the yoga teacher for which the gravity of the alleged act should be reassessed in its proper perspective. e) from the nature of injury and the conduct of the accused yoga teacher it will appear that the ..... a complaint to this effect to the ekbalpore police station disclosing a cognizable offence but the officer-incharge of the police station did not act in accordance with law. following the death of his daughter the io prayed for addition of the offence of section 304a ipc in place ..... school under section 23 of the juvenile justice (care and protection of the children) act, 2000. but the investigation was not properly made and as such on 02.02.2009 the petitioner filed a writ petition before this honble court seeking for cbi enquiry against the mala fide investigation of the ekbalpore police station, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-12-2011
..... services of the employee of the appellant were terminated by virtue of service regulations (statutory) made under section 45 of the road transport corporation act, 1950. this court, while upholding the jurisdiction of the civil court to entertain the suit filed by the employee challenging the order of termination of his services, has held:"38. where the relationship between the ..... regulations and any other subordinate legislation. the regulations made under power conferred by the statute are subordinate legislation and have the force and effect, if validly made, as the act passed by the competent legislature. ...33. there is no substantial difference between a rule and a regulation inasmuch as both are subordinate legislation under powers conferred by the statute ..... the corporation. the section reads :-"45. power to make regulations.--(1) a corporation may, with the previous sanction of the state government, make regulations, not inconsistent with this act and the rules made thereunder, for the administration of the affairs of the corporation. 13(2) in particular, and without prejudice to the generality of the foregoing power, such ..... same was allowed vide order and judgment dated 23.12.2008. the high court has followed its earlier judgment in civil writ petition no. 14562 of 2004 titled as `jagjit singh v. managing director, pepsu road transport corporation and another' dated 03.12.2008, wherein, the appeal was allowed on the ground that the pension scheme was never circulated nor was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-23-2011
..... tax, though levied with reference to the purchase price and at an earlier point is nonetheless income liable to be taxed under the income tax act. this court referring to the argument about absence of legislative competence to levy tax before accrual of income, referred to entry 82 of list i of seventh schedule ..... (or shortage in quantity) and levying duty and additional duty thereon, is legal and valid. 25. the contention which ultimately found favour with the high court, was based on legislative competence. the brewery contended that section 28a provided for levy of `excise duty' and an equal amount as additional duty on ` ..... by human beings as a beverage, comes into existence and the deficiency should be worked out with reference to measurement at such stage. the high court rejected the contention of the appellants that as soon as wort along with yeast is received in the fermenting vessels and ferments, the process of manufacture ..... are therefore liable to be dismissed. conclusion : 44. ca nos.4708-4709/2002 are allowed and the order of the high court in civil misc. wp nos.3968/1978 and 4043/2008 are set aside and the said writ petitions are dismissed. 45. ca nos.4710, 4711, 4712 & 4713/2002 are dismissed ..... affirming the decision of the high court dismissing c.m. w.p. nos.1375/1978, 3690/1979, 4136/1978 and 4157/1978, though .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-2011
..... such as those articulated in clause 27 are variously termed as excluded or exempted matters which, simply stated, remove their consideration or determination from the arbitral tribunal or the court and place them in the exclusive province of the nominated/indicated adjudicator that the party claiming liquidated damages was not itself responsible for the breach of the contract and that ..... , therefore, where there is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of contract which expressly provides for forfeiture, the court has jurisdiction to award such sum only as it considers reasonable, but not exceeding the amount specified in the contract as liable to forfeiture. 4. we must immediately advert ..... damages by mutual agreement is regarded as a stipulation naming liquidated damages and binding between the parties : a stipulation in a contract in terrorem is a penalty and the court refuses to enforce it, awarding to the aggrieved party only reasonable compensation. the indian legislature has sought to cut across the web of rules and presumptions under the english ..... factual matrix before us. (iii) in rajasthan state mines & minerals ltd. -vs- eastern engineering enterprises, (1999) 9 scc 283 the supreme court opined that if the fundamental terms of an agreement are ignored by the arbitrator, he acts in excess of his jurisdiction. this is again of no relevance to the contentions raised before us. (iv) in steel authority of india .....Tag this Judgment!