Court : Guwahati
Decided on : Nov-06-2013
..... (union list) of the constitution of india. relying on the definition of ??state, as given in section 3 (58) of the general clauses act, the supreme court held that ??state also meant a ??union territory and so far as entry 80 was concerned, since the substitution of term ??union territory, for ..... dspe by way of this resolution has been made an integral part of cbi in its original form as established under the dspe act, 1946. ? 25. as this court noticed that the central bureau of investigation was claimed to have been created by a resolution, dated 01.04.1963, of the ..... whereas other principles, although considered in their relation to the case decided, are seldom completely investigated as to their possible bearing on other cases. nevertheless courts have sometimes given dicta the same effect as holdings, particularly where ??judicial dicta as distinguished from ??obiter dictum are involved ? 22. according to p. ..... the case of oriental insurance company limited vs. smt. raj kumari and ors. (air 2008 sc 403), wherein the supreme court has pointed out that the reason or principle, on which a question before a court has been decided, is alone binding as a precedent. a case is precedent and binding ..... again, in dadu dayalu mahasabha, jaipur (trust) vs. mahant ram niwas and anr. (air 2008 sc 2187), the supreme court, while dealing with the doctrine of precedent, has held as under: ??19. the judgment of a court, it is trite, should not be interpreted as a statute. the meaning of the words used .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-18-2013
..... recommended the taking of any step or measure beyond what is contemplated by the statutory scheme(s) in force. it is argued that it will not be proper for this court to act under article 32 and to accept any of the said recommendations which are beyond the scheme(s) contemplated by the statute(s). in other words, what is sought to ..... made in respect of the mining operations in the districts of tumkur and chitradurga by order dated 26.8.2011. as the materials placed before the court (including the report of the lokayukta dated 18.12.2008) indicated large scale encroachment into forest areas by leaseholders and ongoing mining operations in such areas without requisite statutory approval and clearances, a joint team ..... that in the bellary-hospet region the annual production of iron ore had increased from 12.4 mmt in the year 2001-02 to 44.39 mmt in the year 2008-09. the then chief minister of the state had made a statement on the floor of the legislative assembly on 9.7.2010 that 30.49 mmt of illegal iron ..... go into the issues which exercise, however, did not yield any tangible result. thereafter, the matter was referred to the lokayukta of the state and a report dated 18.12.2008 was submitted which, prima facie, indicated indiscriminate mining of unbelievable proportions in the bellary district of the state. it is in these circumstances, that the petitioner- samaj parivartana samudaya had .....Tag this Judgment!
Court : South Africa Supreme Court of Appeal
Decided on : Sep-13-2013
..... woodlands concerned the validity of two summonses issued by the commission in terms of s 49a of the act, pursuant to an investigation into the milk industry as a whole. this court considered the scope of the initiating complaint to determine whether the summonses issued during the course of this investigation ..... necessarily prevail with regard to complaints initiated by the commission.  the cac also found support for the referral rule in the judgment of this court in woodlands dairy (pty) ltd v competition commission 2010 (6) sa 108 (sca). as i see it, however, woodlands does not provide that ..... have its origin in the decision of the cac in clover industries ltd v the competition commission 78/cac/1 jul 08 (12 november 2008). in this case the commission referred a complaint against clover and others to the tribunal. clover and its co-respondents objected to the referral ..... two counsel. judgment brand ja(nugent, malan, petse and saldulker jja concurring):  this is an appeal against an order of the competition appeal court (the cac) which overturned an order of the competition tribunal (the tribunal). proceedings commenced with an application by the competition commission (the commission) to ..... is upheld with costs, including the costs of two counsel, to be paid by the second respondent. 2. the order of the competition appeal court is set aside and replaced with the following: the appeal is dismissed and the appellants are ordered, jointly and severally, to pay the respondents costs .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jun-19-2013
..... some initial confusion as to the statutory basis for their proposed action, they settled on section 80 of the highways act 1980. mr cusack began proceedings in the county court for an injunction to prevent the erection of the barriers outside his house. judge mcdowall and on appeal maddison j ..... on the division could be issued only when the division plan submitted by the owners was compatible with the land development plan. the court considers that by adopting such an approach the authorities could effectively evade the obligation to build and maintain roads other than major thoroughfares provided ..... their possessions within a1p1. although it met the requirements of being lawful and in the general interest, it was not proportionate. 41. the court recognised that "in the area of land development and town planning" contracting states enjoyed "a wide margin of appreciation in order to implement their ..... ac 508, 530). whether compensation is payable depends on the particular statutory provision. 11. mr green, as i understood his arguments in this court, relied less on the general/specific principle as such, than on a purposive interpretation of the statutory provisions in their context. although he put ..... excluded from those rights, the court is entitled to inquire into the reasons for the exclusion, and ask whether it serves any legitimate purpose, or leads to results 'so anomalous as to render the legislation unacceptable': j a pye (oxford) ltd v united kingdom (2008) 46 ehrr 45, para 83 .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Sep-17-2013
..... . the division bench found that legislation allowed benefit only on proportionate part of turn over. in earlier challenge, vide the judgment dated 13.10.2008 in case of pee vee textiles, the earlier division bench had found that in absence of rules prescribing the ratio, the deputy commissioner was not ..... while appreciating such schemes. 21. in pepsicoindia holdings (p) ltd. v. state of kerala, (2009) 13 scc 55, at page 77 , hon. apex court has observed : ??53. an exemption notification and a notification withdrawing the benefit granted would, however, stand on different footings. for the said purpose, the industrial ..... 8.6.1995 and it reads:-- ??-section 41c- cancellation of certificate of entitlement (1) notwithstanding anything contained in this act, or in any judgment, decree or order of any court or tribunal to the contrary, the certificate of entitlement issued in favour of an eligible unit by the commissioner in respect of ..... of the provision. ? 22. we find that the division bench of this court considers the original 1979 scheme as also amendment made to it vide gr dated 5.7.1982 in judgment reported at 2008 (12) ljsoft 203-2008(s) bom.c.r. 92- vinods/o ratilal patira vs. commissioner of sales ..... tax and ors. however this judgment considers the position of law prevailing prior to addition of s.41c to the state act. petitioners in this reported judgment had .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-12-2013
..... had committed breach of the contract is not liable to pay compensation and it would be against the specific provisions of section 73 and 74 of the indian contract act. the supreme court held that in the said clause, it was specifically mentioned that it was agreed genuine pre estimate of the damages duly agreed by the parties. it was also mentioned ..... determined, the party claiming compensation must prove the loss suffered by him. a reading of these two judgments lead to an inevitable conclusion that according to the supreme court section 74 of the contract act has obliterated the distinction between the stipulations providing liquidated damages and stipulations in the nature of penalty, so far as payment of compensation is concerned. reasonable compensation ..... meeting proposed to be held on 11th january, 1985. 5. the dispute arose between the parties. dmk group filed arbitration suit no. 1196 of 1985 in this court under section 20 of the arbitration act, 1940 for seeking appointment of the arbitrator in terms of the arbitration agreement contained in clause 27 of the said mou. by an order dated 8th july ..... that adjudication of a dispute/entitlement is different than assessing the quantum of liquidated damages. both are important. kailash rani dang v. rakesh bala aneja and anr. manu/sc/8396/2008 : (2009) 1 scc 732). even saw pipes (supra) has recognized the importance of leading evidence to prove damages or reasonable compensation 39. in view of above, the findings given by .....Tag this Judgment!
Court : National Green Tribunal Principal Bench New Delhi
Decided on : Jul-11-2013
..... harm and taking measures to avoid it or to choose the least environmentally harmful activity. again it is based on scientific uncertainty. 31. the supreme court had the occasion to explain the principle of precaution and the burden of proof in environmental cases. in some elaboration, in the case of a. ..... from vitthalwadi to nh-4 bypass is being constructed as per development plan approved by the government of maharashtra vide its resolution dated 15th may, 2008. the width of the road is 24 m to 18 m and not 30 m as stated by the applicant. it is claimed that construction ..... are likely to discharge sewage of affluent and establish and operate an industrial plant as defined under the provisions of air (prevention and control of pollution) act, 1981. 4. this project of constructing a road connecting vitthalwadi and nh-4 bypass is an activity for which consent is needed. respondent no. ..... respondents to construct the said road. in fact, the applicant no.1 had made an application on 20th march, 2012 under the provisions of the rti act and collected information from the dy. superintending engineer, pune irrigation circle, who informed that construction of the road along mutha river from vitthalwadi to ..... plan was prepared for the said 23 villages. the draft development plan was published under section 28(4) of the maharashtra regional and town planning act (for short ??mrtp act) and was submitted to the state government in terms of section 30 of the mrtp act. the location where the road is .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-21-2013
..... the witness (xii) the parties, if they want to examine witness, may file a list of witnesses. if necessary, seek order from the court under section 27 of the arbitration act, to call necessary witness with or without documents. the evidence in chief - through affidavits ?? inspection - cross examination ?? re-examination, if necessary ..... other doctrines; ??mitigation of loss ? , ??burden of proof ? , ??onus of proof ? and ??shift of burden ? just cannot be overlooked by the court or the arbitrator, while determining the reasonable compensation. ? 20 it is relevant to note that the learned arbitrators though objected and admittedly the respondent-claimant did not ..... from third person. it is remarked that ??the subject loss also does not fall in any of the exclusions of the policy. ? on 3 june 2008, respondent no.1 therefore, filed claim of rs.1,41,04,600/and odd, together with interest @ 21% p.a. on principal amount of ..... surveyor ultimately submitted a final survey report rejecting the claim of respondent no.1 of rs.95,81,978/. 6. on 22 april 2008, respondent no.1 invoked the arbitration clause. respondent nos. 2 to 4 were appointed as arbitrators. respondent no.1 filed statement of claim before ..... the arbitrators. on 15 july 2008, the petitioner has filed its written statement. on 25 july 2008, respondent no.1 filed a rejoinder to written statement. respondent no.1 reserved the right to adduce the evidence .....Tag this Judgment!
Court : Mumbai
Decided on : May-06-2013
..... is obliged to examine the nature of allegations made in the complaint and then summon the accused. he should not, as emphasized by the honourable supreme court, act as a silent spectator. however, in the facts of this case, to my mind, the learned magistrate has scrutinized the complaint allegations carefully and by ..... the contravention is established then the penalty is to follow. ? 32 in the case of union of india v/s dharmendra textile processors reported in (2008) 13 scc 369, the earlier judgments were referred to and followed in arriving at the conclusion that in interpreting the penal provisions and statutes, considerations ..... circumstances the municipal corporation performed its public duty and filed a criminal complaint. it is not as if the complaint has been filed in criminal court hastily or without application of mind. the officers in the fire department are senior enough and equally matured to understand and appreciate difficulties faced by ..... ) 1998 cr.l.j. 1 (supreme court), m/s pepsi foods ltd. v/s special judicial magistrate. (8) (2010) 3 scc 330, national small ..... n.mehta). (4) 2002 cri.l.j. 4155 (madras high court) s.n.bangurv/s m/s klen and marshalls mrfs. and exporters pvt.ltd.. (5) air 1983 sc 67 (municipal corporation of delhi v/s ram kishan rohtagi and others). (6) (2008) 5 scc 668 (maksudsaiyed v/s state of gujarat). (7 .....Tag this Judgment!
Court : National Green Tribunal Principal Bench New Delhi
Decided on : Jul-18-2013
..... conformity with the regulations and the law. any decision to the contrary would be an action extra jus. laconic result of collective reading of the master plan, the development authority act and other relevant notifications is that the development authority, nagar nigam, the pollution control board and their respective officers have no power to vary the land use and places prescribed ..... contained therein are mandatory. they are incapable of being altered or varied without following the due process prescribed in law. the supreme court, in the case of ndmc and ors. v. tanvi trading and credit private limited and ors. (2008) 8 scc 765, took the view that even in terms of guidelines issued in relation to a new building till finalisation of ..... these petitions. primarily, we would refer to the facts, as given in application no.86 of 2013. as already noticed, the applicant is a registered society under the society registration act, 1860. it is averred that this society is formed to encourage safeguarding of the environment and other human values in the younger generation and has been carrying on various activities ..... december, 2012 have been challenged in the following applications: (i) in application no.86 of 2013, the petition filed by rayons-enlighting humanity, a society registered under the society registration act, 1860, it has prayed that the above letter dated 19th december, 2012 be quashed, and that the ministry of environment and forests (for short ??moef), be directed to review the .....Tag this Judgment!