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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Year: 2013 Page 6 of about 79 results (0.058 seconds)

Apr 02 2013 (HC)

Times Innovative Media Ltd. Vs. Delhi Transport Infrastructure Develop ...

Court : Delhi

Decided on : Apr-02-2013

..... fide or intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached? and (ii) whether the public interest is affected? if ..... rare and exceptional circumstances where the normal rule may be departed from and such contracts may be awarded through private negotiations, as observed by the supreme court, would be: during natural calamities and emergencies declared by the government; where the procurement is possible from a single source only; where the supplier ..... that regulates his decisionmaking power and must give effect to it. (ii) irrationality, namely, wednesbury unreasonableness. (iii) procedural impropriety. [ emphasis supplied ] 35. the supreme court in a recent decision in michigan rubber (india) ltd. (supra), relied upon by respondent nos. 1 & 2, took note of its previous decisions, inter-alia, ..... signing of the agreement dated 26th july 2007. the violation of terms became subject matter of litigation before this court. (ii) june 2008: tender floated for 400 bqss on bot basis awarded to m/s green delhi for which an agreement was signed on 6th june ..... 2008. the concessionaire, however, failed to start the work and bank guarantee of rs.2.09 crores was forfeited after prolonged litigation. .....

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Sep 02 2013 (HC)

South Asia Lpg Company Private Limited Vs. Competition Commission of I ...

Court : Delhi

Decided on : Sep-02-2013

..... dominance by setting up of blender facility by the informant and charging exorbitantly for the services being provided by it. it was also alleged that the petitioner before this court was threatening to discontinue the terminalling as well as bypass services to respondent no. 3, unless exorbitant charges were paid to it. the commission considered the matter in ..... hpcl and part by respondent no.3. on commissioning of underground cavern by the petitioner, the unloading services offered by hpcl were handed over to it in the year 2008 and gradually the unloading arm of hpcl was discontinued, whereafter all the products were unloaded only through the petitioner-company, which had also installed blender facility for blending liquefied ..... to piecemeal utilization of its infrastructure and raised legitimate concern of underutilization of carven facility. therefore, op was not found to be in contravention of any provisions of the act.4. the investigation report was sent by the commission to respondent no.3 which submitted an application under regulation 4(5) of competition commission of india (general) regulations, ..... market comprised of the upstream terminalling services downstream terminalling services. and the the relevant geographic market was the vishakhapatnam port. the relevant market under section 2(r) of the act was stated to be the upstream and downstream terminaling services at the vishakhapatnam port. (b) the op was the sole provider of upstream terminalling services at vizag and .....

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May 30 2013 (HC)

M.P.Singh Sahni Vs. State and ors.

Court : Delhi

Decided on : May-30-2013

..... . however, revision petition against that order was allowed and the matter was remanded for reconsideration before the metropolitan magistrate. the accused (petitioner in this court) took the defence that the cheques in question were not signed by him; the complainant was aware of it and these were forged by him. ..... complaint case under section 138 negotiable instruments act. no useful purpose will be served to continue the investigation/ trial of the fir nos. 19/2001, 139/2001 and 140/2001 qua the ..... firs were registered on the respondent no.2s complaint at ps tilak marg. it fortified petitioners contention in the proceedings under section 138 negotiable instruments act that the cheques in question did not contain his signatures. it is relevant to note that the respondent no.2 opted to withdraw the ..... the petitions filed by the petitioner are being considered in the light of above facts and law.14. complaint case under section 138 negotiation instruments act was filed by m/s. guru exports international through its managing partner harnam singh on 03.09.1997. it was mentioned that pursuant to the ..... * in the high court of delhi at new delhi reserved on :1. t february, 2013 decided on :30. h may, 2013 + crl.m.c. 3781/2003 & crl.m.a.nos.4381/2005, 8307/2008 & 5104/2003 m.p.singh sahni through : ..... petitioner mr.m.p.singh sahni in person. versus state & ors. ..... respondents through : .....

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Aug 31 2013 (HC)

Cra No.S-1035-sb of 2010 Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Aug-31-2013

..... the area of mathura committed rape on the prosecutrix and thereby committed an offence punishable under section 376 ipc and within the cognizance of the court of session. thirdly manot kumar sondhi (appellant) on 13.05.2008 in the area of agra, kolkata, rohtak, ludhiana committed rape on the prosecutrix and thereby committed an offence punishable under section 376 ipc and within ..... :24 i attest to the accuracy and integrity of this document cra not s-1035-sb of 2010 -26- relevance as in view of section 54 of the indian evidence act, in criminal proceedings the fact that the accused persons had a bad character is irrelevant unless evidence has been given that he had a good character in which case it ..... adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.after amendment of section 376 ipc by act no.13 of 2013 the proviso to section 376 has been omitted. however, as already noticed the unamended provisions would apply to the present case. learned counsel for the state ..... , impose a sentence of imprisonment for a term of less than seven years.the said proviso has been omitted by act no.13 of 2013. the sentence, therefore, not being somewhat more stringent, the provisions of the unamended act would apply. the supreme court in harjit singh versus state of punjab, (2011) 4 scc 44.considered the effect notification published on 18.11 .....

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Feb 26 2013 (HC)

M/S Pml Industries Limited Vs. Commissioner of Central Excise and Anot ...

Court : Punjab and Haryana

Decided on : Feb-26-2013

..... . mehta and jawahar d. mehta case (supra), while examining the provisions of section 129e of the customs act, the court observed that proviso to section 129 e of the said act gives discretion to the authority to dispense with the obligation to deposit in the case of undue hardship . the ..... the time of import of goods. the supreme court referring to its earlier judgment in commissioner of central excise vs. m.p.v. & engineering industries 2003 (153) elt 48.held that the ..... in a judgment reported as commissioner of customs (imports), mumbai vs. m/s tullow india operations ltd. air 200.sc 536.the supreme court was examining issuance of essentiality certificate to avail benefit of exemption notification. the provision contemplated that such essentiality certificate has to be produced at ..... and penalty as well as recovery subject to deposit of rs.5 lacs vide order dated 19.05.2008. since the appeal could not be heard within the prescribed period of one hundred and eighty days for no fault on the part of ..... filed before the commissioner (appeals), customs & central excise, chandigarh. the commissioner (appeals) upheld the order passed by the adjudicating authority on 17.01.2008. the petitioner filed further appeal before the customs, excise & service tax appellate tribunal (for short the tribunal ). the tribunal waived the deposit of duty .....

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May 30 2013 (HC)

M.P.Singh Sahni Vs. State and ors.

Court : Delhi

Decided on : May-30-2013

..... written submissions to state that after the judgments/ orders were reserved, insp.satya pal singh of ps tilak nagar filed status report in the court of ms.navita bagha, metropolitan magistrate and it was stated that the certificates did not carry attestation of the concerned authority and not signed ..... taken any consequential action seeking clearance of the aforesaid fdr. he would have dissuaded and restrained himself from filing a suit before delhi high court seeking temporary and permanent injunction against the bank of bahrain and kuwait, bombay branch and would not have incurred unnecessary expenses on litigation. ..... /s. essar company.6. the petitioner filed written synopsis and relied upon the authorities : suryalakshmi cotton mills limited vs. rajvir industries limited and ors. : (2008) 13 scc 678.all cargo movers (india) private limited and ors. vs. dhanesh badarmal jain and anr. : (2007) 14 scc 776.m/s. ..... must have been revealed by the concerned bank in the proceedings initiated against it. it is unclear as to how the complainant who acted petitioners attorney and was entitled to professional payments would have dissuaded himself from instituting the proceedings due to concealment of the alleged facts. ..... general power of attorney in his favour to pursue the matter on his behalf with the authorities concerned. apparently, the complainant was to act for the clearance of the fdrs as an attorney of the accused and was entitled to get his professional fee. if there was concealment .....

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Sep 26 2013 (HC)

Cra No.646-sba of 2001 Vs. Davinder Singh

Court : Punjab and Haryana

Decided on : Sep-26-2013

..... recovery memo (ex.pw7/c). pw10 raminder kaur, senior assistant, dto office has proved on record the registration of offending bus in the name of pepsu road transport corporation (prtc).9. the last to note is the testimony of pw8 hc bimal krishan, who has deposed that on 25.11.1996 ..... to warrant any interference in the impugned judgment of acquittal. such impugned judgment of acquittal, containing valid reasons, cannot possibly be interfered with by this court under the present set of circumstances, unless and until, the arvind kumar sharma 2013.10.01 13:47 i attest to the accuracy and integrity ..... investigation; totality of the facts and circumstances, emerging out of the evidence on record, as discussed here-in-above, to my mind, the trial court has correctly acquitted the accused in this regard.22. meaning thereby, the trial magistrate has examined the matter, appreciated the evidence in the right perspective ..... was tainted, perhaps that was indeed the reason that the prosecution has neither examined the main investigating officer asi harminder singh as witness in the court nor proved the rough site plan, for the reasons best known to it.21. therefore, taking into consideration the fact that the presence of ..... possibly be disputed here is that the scope of jurisdiction of the appellate court in case of acquittal, was determined by the hon'ble apex court in a celebrated judgment in case ghurey lal v. state of u.p. 2008(10) scc450 having considering the scope of sections 378, 386 cr.pc .....

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Dec 17 2013 (HC)

State Vs. Govindaswamy

Court : Kerala

Decided on : Dec-17-2013

..... been done by way of such cross examination as against the innocent victim as well as other innocent persons.359. section 148 of the indian evidence act, 1872 states:- "court to decide when question shall be asked and when witness compelled to answer:- if any such question relates to a matter not relevant to the ..... opinion as to the cause of death in a case of murder is an opinion relating to science. as per section 45 of the indian evidence act, when the court has to form an opinion upon such a point of science, the opinion of persons specially skilled in such science upon that point is a ..... the legal formalities to conduct the t.i. parade and to record the 164 cr.p.c.statement. he has taken down the statement in the open court(court hall) in-camera, after administering oath. he has certified at the bottom of the statement. according to him, the witnesses had appeared before him in response ..... certificate produced along with ext.p57. ext.p59 is the covering letter. the customer of the said number is dhanalekshmi, 1-a , anna colony, first street, ward no.4, meloor, madhurai, pin-625106. as per ext.p57, sl.nos.12 to 27 are call details on 3.2.2011 in respect of that number ..... of kerala and the bar council of india, under section 150 of the indian evidence act, 1872.366. in kusuma ankama rao v. state of a.p. [(2008)13 scc257, it was held, "the conditions precedent in the words of this court, before conviction could be based on circumstantial evidence, must be fully established. they are: .....

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Nov 29 2013 (HC)

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

Decided on : Nov-29-2013

..... considering contents of paragraph 23 of bharat plywood extracted supra, the full bench further observed, ".we cannot read this to mean that in reaching the decision the district magistrate acts as a court or that his proceedings are judicial proceedings.". the law laid down in mammoo (supra) has been followed in kunjulakshmi vs. district magistrate, reported in 1986 kerala law times 1320 ..... meeting and agreed for laying the lines through their lands. it was also explained that marking for commencement of construction of the lines in question was taken on 29-12-2008, after serving notices to all the concerned farmers through registered post. a notice was also pasted at panchayat office for intimation to the farmers. thus it was contended that the ..... not only a constitutional right but also a human right. {see lachhman dass v. jagat ram {2007 (10) scc448, vimlaben ajitbhai patel v. vatslaben ashokbhai patel {2008 (4) scc649, n.padmamma v. s.ramakrishna reddy {2008 (15) scc517, chandigarh housing board v. major general devinder singh {2007 (9) scc67. therefore, a dignified protest, even in the form of a formal letter, notice ..... nor it is necessary to give any notice by publication in local news papers as required under section 29 (2) of the electricity (supply) act, 1948. in spite of the same, the notification dated 14.07.2008 was published in the a.p. gazette as well as two local dailies inviting objections from the interested / aggrieved persons and no objections were received .....

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Feb 04 2013 (HC)

intertoll Ics Cecons. O and M Co. Pvt. Ltd. Vs. National Highways Auth ...

Court : Delhi

Decided on : Feb-04-2013

..... in relation to some tangile property and not an indeterminate monetary claim.14. the scope of the powers of an arbitral tribunal under section 17 of the act has been explained by the supreme court in md, army welfare housing organisation v. sumangal services (p) ltd. (2004) 9 scc 61.as under (scc, p.649):58. a bare perusal of the aforementioned ..... by a notice from nhai invoking the arbitration clause; that it was preferred by nhai on 31st may 2010 long after the arbitration agreement was entered into on 20th november 2008 and that nhai was aware of the extent of its counter claims on 15th may 2007 itself when it rejected the appellants final bill. also the fact that nhai filed ..... . on its part nhai issued final certificates on 15th and 29th may 2007 in respect of packages 2 and 1 respectively, claiming certain amounts from the appellant. on 20th november 2008, an arbitration agreement was entered into between the appellant and nhai agreeing to refer all their disputes to arbitration. arbitral proceedings 6. in september 2009, a three- member tribunal comprising ..... by both parties that the appellant is impecunious. the question of the appellant removing any property from the jurisdiction of the court simply did not arise.30. in raman tech. & process engg. co. v. solanki traders (2008) 2 scc 30.the supreme court explained why the power of ordering attachment before judgment under order xxxviii rule 5 cpc was drastic. for such an .....

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