Court : Chennai
Decided on : Jul-27-2012
..... issued to the workmen to collect the retrenchment benefits, held that there was no compliance of sec.25f of the industrial dispute act. this conclusion was arrived at by the learned labour court in view of the findings on point no.1, where it was held that the factory was not closed. in case of ..... that it was case to award lump sum compensation in lieu of reinstatement.27. the workmen in w.p.no.3787/2008 challenged the award only on the ground that though the learned labour court held that retrenchment was bad in law and the factory stood revived, it wrongly ordered lump sum compensation, instead of reinstatement ..... as the common question of law and facts are involved.2. w.p.no.1856 of 2008:the management of wavin india ltd. has invoked the extraordinary jurisdiction of this court to challenge the award passed by the principal labour court, chennai in i.d.nos.195 to 200, 240, 241 and 701 to 703 of 1990 ..... , 701, 708, 710, 711 & 713 of 1990.4. w.p.no.1857 of 2008:this writ petition has also been filed by the management of wavin india ltd. to challenge the interim order passed by the learned labour court in refusing the application for physical inspection.5. w.p.no.12578 of 2010this writ petition ..... .12578 of 2010 are ordered to be dismissed as not competent. whereas w.p.no.1856 of 2008 and w.p.no.3787 of 2008 are disposed of, by remitting the case back to the learned labour court to determine the quantum of compensation payable to each workmen by letting the parties to lead evidence with .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-10-2012
..... the receipt of the entire amount, the supplier filed a suit for interest on delayed payment by the board in terms of the provisions of the act, in money suit no. 21/1997 before the court of the civil judge (sr. divn.) no. 1, guahati. the same was disputed by the board in the written statement filed in the suit. however, the ..... applicable to contracts concluded prior to its commencement, where the delayed payment is made after its commencement.5. the full bench of the high court after considering the provisions of the act, concluded that the findings of the division bench in the case of trusses & towers that once a principal amount is received without any protest, then no further claim for interest ..... be purely declaratory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect (ibid., pp. 468-69).38. "in the case of state of punjab vs. bhajan kaur - (2008) 12 scc 112, this court held: "9. a statute is presumed to be prospective unless held to be retrospective ..... , either expressly or by necessary implication. a substantive law is presumed to be prospective. it is one of the facets of the rule of law.39. "there is no doubt about the fact that the act is a substantive law .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-2012
..... pith and substance a law on acquisition and the presidential assent under article 254(2) was warranted to save the legislation.535. we have also noticed that the supreme court observed that act was enacted in public interest to secure its proper management and to preserve the valuable tree growth, paintings, art objects, carvings and for the establishment of an art gallery ..... purposive or any other principle, learned judge took the unprecedented approach of asking the learned advocate general about incorporation of s.23 and s.24 of the l.a. act in open court and waited for the states consent on the next date.366. mr. pal pointed out that the response was a qualified one. the learned advocate general stated as ..... any other principle, that is why he took the unprecedented approach of asking the learned advocate general about incorporation of section 23 and section 24 of the land acquisition act in open court and waited for the states consent on the next date.80. he further pointed out that even the statement which was made by the learned advocate general on ..... which is as follows: 207. later, it is pertinent to note that a five-judge bench of this court in ashoka kumar takur v. union of india (2008)6 scc 1, while examining the validity of the central educational institutions (reservation in admission) act 2006 held as follows:219. a legislation passed by parliament can be challenged only on constitutionally recognized grounds. ordinarily .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-03-2012
..... -khidmat. after the death of akbar hussain, as his two sons syed nadeemullah and safiullah hussaini were minors, the management of the estate came under the supervision of the court of wards. later syed nadeemullah migrated to pakistan and nazim-e-atiyat gave muntakhab for manikonda lands to legal heirs of safiullah hussaini. the dispute among the legal heirs was carried to ..... , when the tribunal has been conferred with the power to determine any dispute, question or other matter relating to a wakf or wakf property under the act and acts as a civil court for all purposes, this court, in exercise of the jurisdiction under article 226 of the constitution, cannot permit a party to bypass such statutory remedy and assign itself the role of ..... attached to the dargah. it may not be out of place to refer to a communication being c.a.no.70 of 2008, dated 07.05.2008 of the survey commissioner addressed to one syed sadulla under the right to information act, 2005. therein, the survey commissioner informed that the second survey operations in serilingampally mandal, ranga reddy district started in late 2001 ..... the view that under section 83 of the wakf act, it is competent for the wakf tribunal to entertain and adjudicate upon all kinds of disputes so long as the same relates to the wakf property. there was also other narrow view in st.gregorious orthodox cathedral v aga ali asgar wakf (2008) 6 kant lj 358, salem mohammedpura parimala sunnath jammth .....Tag this Judgment!
Court : Kerala
Decided on : Jun-29-2012
..... the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of wards, to assign his interest as such tenant, farmer or lessee; xx xx xx xx" the appellants have not established before us that there was any ..... light of the decisions reported in brahmdeo chaudhary v. rishikesh prasad jaiswal and another (1997 (3) scc 694) and also in babu raj v. vasanthi devi (2008 (4) klt 761). by 1972, when the period of the lease expired, the property was changed to the hands of several persons. there was no objection from ..... first defendant, were alloted b schedule property in ext.c3 report. the final decree is dated 21/02/2003. the appellants filed ep. no.7 of 2008 for taking delivery of the b schedule property. according to them, they were constrained to seek police aid. when the amin went to take delivery of the ..... resistance by such person. 58. in the other decision referred to by the execution court, namely babu raj v. vasanthi devi (2008 (4) klt 761), a learned judge of this court held, inter alia, as follows: "11. until the apex court gave an authoritative pronouncement on the real scope of o.21 r.99 c.p.c ..... of property act, clause (i) reads as follows: "nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a court of wards, to .....Tag this Judgment!
Court : Delhi
Decided on : Jul-09-2012
..... entitled to deduct the yearly rent of rs.6,111 paid to the government, as business expenditure under section 10(2)(xv) of the income tax act. the high court held that the expenditure was not of a capital nature and the assessee was entitled to deduct the amount claimed as business expenditure. setting aside the ..... mehta charitable prajnalaya turst? itas 53/2000, 251/2007, 253/2007, 257/2007, 223/2002 247/2002, 45/2005, 50/2005, 1207/2005, 361/2008, 482/2008, 731/2008, 1191/2008, 1183/2010, 1198/2010, 842/2011 and 246/2005 page 10 of 50 10. vide order dated 15.11.2010 in respect of ay 2007-08, ..... terminated at any time at the violation of any of the parties. as regards payments made to eliminate competition, the court inter alia observed as under:- although we agree that payment made to ward off competition in business to a rival dealer would constitute capital expenditure if the object of making that payment is to ..... of the assessee paying a sum of rs. 1,50,000. relying upon the decision of the supreme court in coal shipments p. ltd. (supra), it was held that since the assessee had not only warded of the business rivalry but also acquired the business of the rival for a period of 9 years in ..... special bench of the tribunal in the case of m/s tecumesh india private limited v. additional cit 132 ttj 129 had taken a view that warding off competition in business even to a rival dealer, would constitute capital expenditure and that to hold them to be capital expenditure it is not necessary .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Dec-21-2012
..... not made a party to the appeal in the appeal no 137 of 2011). later, by the order of the honble bombay high court dated 10.10.2008 jsw energy (vijaynagar) ltd merged with jsw energy ltd and all the assets came to be vested in the jsw energy ltd. with ..... is to be considered as a captive generation plant. 11. the central government in exercise of powers conferred under section 176 of the electricity act, 2003 (act 36 of 2003) has made rules called ??the electricity rules, 2005). rule 3 of the rules of 2005 lays down the requirements of ..... are to be treated as captive consumption by jsw steel itself. but the jpocl and boc india limited are independent companies, incorporated under the companies act having their own identities. hence, electricity consumption by these two companies cannot be considered as consumption of jsw steel limited itself, though jsw steel ..... claimed by the appellant including for electricity use for conversion of oxygen ought to have been liberally construed to sub-serve the objective of electricity act, 2003. the appellant had entered into an arrangement for dedicated oxygen supply by conversion of its facilities by engaging with the companies having ..... steel which is not making any revenue or profit whatsoever on the power supply. c) the liberalization of the captive generation under the electricity act, 2003 was because of the inability of the distribution licensee to meet the growing demand of electricity, particularly, for industrial requirements and, therefore, .....Tag this Judgment!
Court : Chennai
Decided on : Aug-24-2012
..... appraisal of the evidence produced before the arbitrator. as per the decisions seen already, it is out side the scope of the power of this court. this court cannot act as an appellate court, nor re-appreciate the evidence adduced before the arbitrator, nor substitutes its own view. further, there is no error apparent on the face of ..... circulars issued by rbi on charging of interest on various advances. those circulars are dated 01.07.2005, 01.07.2006, 02.07.2007, 01.07.2008 and 01.07.2009. in fact, they were marked as ex.r1 to ex.r5 before the arbitrator. the loan agreement between the bank and the borrowers ..... the loan agreement. 42. it is not in dispute that the borrowers have paid without any demur, the monthly installments up to 12 quarters. on 06.10.2008, the bank informed them the change in the rplr for air for home finance granted to them, which runs as under:- we would like to advise you ..... %) with effect from 01.10.2008. accordingly, the installment due together with enhanced rate of interest was demanded. this was objected to by the borrowers on the ground that without any basis, authority and ..... 12.2005, a loan agreement embodying the above terms and conditions was executed. accordingly, the borrowers started paying the installments. 4. after the 12 quarters, on 06.10.2008, the bank sent letter informing the borrowers the revision of interest from 9.5% p.a. to 15.75% p.a. (16.75% p.a., less 1 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-17-2012
..... the delay in pronouncement of the award it could have initiated steps under section 14(2) read with section 14(1) of the act by seeking intervention of the court. however, it did not do so. 33. the question whether an award is vulnerable to invalidation on account of the unexplained delay ..... for achieving the object of speedier disposal of dispute, justice in accordance with law cannot be sacrificed. in our view, giving limited jurisdiction to the court for having finality to the award and resolving the dispute by speedier method would be much more frustrated by permitting patently illegal award to operate. ..... v. devi, constructions engineering contractors (2009) 2 arb.lr 361 (madras) (db) and reliance industries ltd. v. madan stores pvt. ltd. 146 (2008) dlt 543. it was further submitted that the petitioner had to demonstrate the prejudice caused to it on account of such delay. reliance was placed on the ..... ground of delay in its pronouncement, by way of amendment to the petition, the court notes that this plea was sought to be urged first only in the written submissions filed by oil on 20th october 2008, four years after the petition was filed. the formal amendment to the grounds was sought ..... only in 2012 during the course of final arguments. in national thermal power corporation ltd. v. wig brothers builders and engineers ltd. the court did not entertain a plea .....Tag this Judgment!
Court : Mumbai
Decided on : May-02-2012
..... 9, 10 and 11 of the complaint; the sole basis being the balance-sheet between the period 2004-05 and 2008-09. the cbi practically, therefore, acted as an appellate court and on the basis of the order passed by the petitioner came to the conclusion that though dues ought to be ..... strenuously urged that sub- section (1) deals with judicial independence, whereas sub- section (2) deals with judicial accountability and, therefore, the high court while acting under its writ jurisdiction under article 226 of the constitution of indian and under inherent jurisdiction under section 482 of the criminal procedure code was not competent to ..... sub-section (1) and, as such, despite protection being granted to a judge under sub-section (1), central government, state government, supreme court or high court can institute civil, criminal or departmental proceedings against the judge and, therefore, the proceedings cannot be quashed at the inception and in view of sub ..... the privy council in phanindra chandra vs. king (air 1954 sc 455) and by the supreme court in shreekantiah ramayya munipalli vs. state of bombay (air 1955 sc 287) and in amrik singh vs. state of pepsu (air 1955 sc 309) 36. in our view, therefore, sub-section (1) of section ..... (3) of the said act has to be interpreted to mean that the protection which is afforded to a judge is for an act which has been performed during the course .....Tag this Judgment!