Court : Karnataka
Decided on : Sep-08-2016
..... prior sanction. even if sanction were sought, the complaint would fall foul of the above requirement, on the basis of which the sanctioning authority acts. therefore, the court having directed an investigation by the police is the proper course of action as it is only then material would be made available, either to ..... complaint filed in terms section 156(3) or section 200 crpc, the magistrate is required to apply his mind. (see: maksud saiyed v. state of gujurat, (2008) 5 scc 668 and pepsi foods ltd. v. special judicial magistrate, (1998) 5 scc 749.) when a magistrate receives a complaint, he is not bound ..... 197 of the code is a condition precedent for launching the prosecution is equally fallacious. this court has stated the legal position in s.r. munnipalli v. bombay (1955 (1) scr 1177) and in amrik singh v. state pepsu (1955 rd-sc 9) that it is not every offence committed by a public servant ..... , which requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his ..... section 190 crpc, it is held thus: the other contention of the learned attorney general is than in taking cognizance under the p.c. act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. however .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-08-2016
..... prior sanction. even if sanction were sought, the complaint would fall foul of the above requirement, on the basis of which the sanctioning authority acts. therefore, the court having directed an investigation by the police is the proper course of action as it is only then material would be made available, either ..... filed in terms section 156(3) or section 200 crpc, the magistrate is required to apply his mind. (see : maksud saiyed v. state of gujurat, (2008) 5 scc668and pepsi foods ltd.v. special judicial magistrate , (1998) 5 scc749) when a magistrate receives a complaint, he is not bound to take cognizance ..... of the code is a condition precedent for launching the prosecution is equally fallacious. this court has stated the legal position in s.r. munnipalli v. bombay (1955 (1) scr1177 and in amrik singh v. state pepsu (1955 rd-sc9 that it is not every offence committed by a public servant, which ..... requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his ..... section 190 crpc , it is held thus : the other contention of the learned attorney general is that in taking cognizance under the p.c.act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. however .....Tag this Judgment!
Court : Chennai
Decided on : Oct-26-2016
..... iii) justice or morality. (emphasis supplied) 25. in saw pipes, the ambit and scope of the court s jurisdiction under section 34 of the 1996 act was under consideration. the issue was whether the court would have jurisdiction under section 34 to set aside an award passed by the arbitral tribunal, gafta which was ..... which would apply is perfectly plausible and consistent with the internationally accepted legal position which has been reaffirmed by the constitution bench of the supreme court in bharat aluminium co. at this juncture it is necessary to note that the declaratory part of the decision in bharat aluminium co., ..... be construed as retrospective and a statute which while procedural in its character, affects vested rights adversely is to be construed as prospective." the court while discussing limitation further held that the "law of limitation is generally regarded as procedural and its object is not create any right but to ..... expired. 18. as regards the question whether the law of limitation is a substantive law or a procedural law, the decision of the supreme court in thirumalai chemicals limited v. union of india is instructive. there it was explained that the procedural law establishes a mechanism for determining the ..... of this agreement was four (4) years and nine (9) months. the agreement commenced on 01.10.2003 and was to expire on 30.06.2008. 2.2. in terms of the said agreement, for the services rendered by the petitioner, the respondent was required to pay us $35,834 per .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-2016
..... of the grantee to represent the estate of the deceased and as such it is incapable of valuation. the said provisions contained in the court-fees act contemplate payment of court-fee in cases where the subject-matter is capable of valuation and not otherwise. it cannot be disputed that the value of the ..... the testator s.v.ramakrishnan on 31.12.1980, the plaintiff has taken steps to execute the will by filing o.p.no.367 of 2008 before this court for grant of letters of administration, and though there may be some delay, the delay may not defeat the rights of the plaintiff and that ..... t.o.s.no.2 of 2009 numbered on conversion of o.p.no.367 of 2008, filed under sections 232 and 276 of the indian succession act, 1925, read with order 25 rule 5 of the madras high court original side rules, praying that letters of administration with a will annexed, may be granted to ..... or possession. 43.8. the protection of the court can be granted or extended to the person who has a valid subsisting rent agreement, lease agreement or licence agreement in his favour." (m) 2008 (14) scc 754 (babu singh vs. ram sahai): "16. section 69 of the act (evidence act) reads, thus: "69. proof where no ..... and others, 2008(1)ctc 80 (sc) : 2007(11)scc 357, wherein the hon ble supreme court, while relying upon its earlier decision in chiranjilal shrilal goenka vs. jasjit singh and others, 1993 (2) scr 454, and pleaded that in a probate, the court in exercise of jurisdiction under the indian succession act is not competent .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-2016
..... to be preserved and protected and at the same time the filing of irresponsible statements without any regard to accuracy has to be discouraged. it was observed by this court as follows: courts are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed ..... line for oxygen, carbon dioxide, nitrous oxide and compressed air, etc. the work was to be executed on a turnkey basis within 150 days in the 1000 bedded departments and wards of the rims.5. responses to the notice inviting tender were submitted by the petitioner (sciemed overseas) and respondent no.1 (boc india). their tenders were processed by the rims ..... against the society. the courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. justice dispensation system would be wrecked if statutory restrictions are not imposed upon ..... learned single judge of the high court. by an order dated 14th may, 2008, the learned single judge dismissed the writ petition. while disposing of the writ petition, it was held that though the decision making process by which sciemed was declared to be qualified was improper, it could not be held that the rims had acted in an arbitrary, mala fide or .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-11-2016
..... on entry of goods into local areas act, 2008 to be unconstitutional and void. the punjab and haryana high court invalidated the haryana act, the matters again came to this court in a connected matter being jaiprakash associates.(a two judge bench) referred ten questions to the constitutional bench.. one ..... of trade and commerce and violated articles 301 and 304 of the constitution of india. on april 16, 2008, the state of haryana repealed the 2000 act and enacted the haryana tax on entry of goods into local areas act, 2008, impugned in this appeal. the high court in indian oil corporation v. state of haryana., declared that the provisions of the haryana tax ..... intercourse.93. in ramjilal s case (supra), a petition under article 32 of the constitution was filed before this court by the petitioner who was carrying on business in the state of nabha. with the merger of nabha into the state of pepsu, the petitioner was required by the assessing authority to file return and pay income tax for the income earned ..... by him during the previous years. aggrieved, the petitioner challenged the proceedings inter alia on the ground that the assessment of tax for previous year violated his right guaranteed under article 14. this court repelled the contention founded .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-2016
..... this appeal, the fact situation is that the appellant company is manufacturing soft drinks being aerated water and bottled water. a state government order dated 18.8.2008 made under section 5 of the act rendered the following finding:- 5. the government has perused all the case papers and considered the above circumstances. after examining all the aspects of the case the ..... also referred in some detail to bhuwalka steel industries limited v. bombay iron & steel labour board, (2010) 2 scc273to buttress his proposition that this court, following the full bench of the bombay high court, has construed the 1969 act as a welfare legislation, and having regard to its object has expressly stated that employers should realise their social obligations qua this segment of ..... worker who is engaged or to be engaged in any scheduled employment, irrespective of whether or not he is protected by other labour legislations. this court referred to the objects and reasons for the 1969 act in the following terms: the statement of objects and reasons mentions that report was made by the committee to the government on 17.11.1967. in ..... the maxim contemporanea expositio could be invoked in construing the word telegraph line in the act. (at 156,157) 28. we thus find that the high court was absolutely correct in not interfering with the state government order dated 18.8.2008 and in dismissing the writ petition filed by the appellant company. for the same reasons given in civil appeal no.10000 .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-03-2016
..... with the terms of the contract which in effect would be really a contravention of section 28(3) of the arbitration and conciliation act. the hon ble supreme court, however, entered a caveat by stating that an arbitral tribunal must decide in accordance with the terms of the contract but if an ..... questions of law and of fact obviously with the limited grounds of interference as alluded to above. as observed by the supreme court in associate builders (supra), the 1996 act was enacted to provide for an arbitral procedure, which is fair, efficient and capable of meeting the needs of arbitration, to ..... of the respective contract; or (iv) patently illegal, or (v) prejudicial to the rights of the parties, is open to interference by the court under s.34(2) of the act. (b) award could be set aside if it is contrary to: (i) fundamental policy of indian law; or (ii) the interest of ..... 19th december, 2003, 11th february, 2004 and 5th march, 2004. the non-applicability of section 55 of the contract act would further be apparent from the judgment of the apex court in mcdermott international (supra) where it was clearly held that in cases of this nature, it is the second proviso ..... development authority v. r.s. sharma (2008(13) scc80 the hon ble supreme court summarized the law thus: from the above decisions, the following principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or (ii) the provisions of the arbitration and conciliation act, 1996; or (iii) against the .....Tag this Judgment!
Court : Delhi
Decided on : Jul-08-2016
..... a new order for the custody of the child, and whether the interests of the child can be served best by leaving further proceedings to the foreign court that acted first in the matter of its custody." "it should be observed that as a general rule, where the writ is prosecuted for the purpose of determining ..... husband came to know of the same, the husband decided to initiate legal action in the high court of justice in u.k. the high court of justice in uk passed an order making the children as wards of the court till the time the order was vacated or varied and the wife was directed to return the ..... production to enable him to take the children with him to the uk since they were wards of the court in the uk to enable the foreign court to decide the issue of their foreign custody. the supreme court held that the high court was in error in declining to issue the writ of habeas corpus. the parties were ..... management consultant with diamond cluster and subsequently changed to roland berger in uk. the respondent no.2 also started working at media reach advertising company in march, 2008. the respondent no. 2 went to uk in the hope of starting her married life happily but the petitioner to her shock would always misbehave with her ..... a girl born on 7/8/09) it is ordered that: 8. nethra anand (a girl born on 7/8/09) is and shall remain a ward of this court during the minority or until further order. 9. the respondent mother shall return or cause the return of nethra anand (a girl born on 7/8/09 .....Tag this Judgment!
Court : Chennai
Decided on : Nov-17-2016
..... procedure to remedy a wrong or enforce a right. a party may not be allowed to bypass the normal channel of civil and criminal litigation. the high court does not act like a proverbial "bull in a china shop" in the exercise of its jurisdiction under article 226." 13. in yet another case in smt.kumari vs. ..... ). (xvi) in mr.e.joseph vs. tamil nadu electricity board, rep. by its chairman, mount road, chennai, (w.p.no.4992 of 2001 dated 30.10.2008), the petitioner's father died due to electrocution, when he came in contact with a live wire, which was lying on the road. the request of the petitioner for ..... months from the date of receipt of a copy of this order." (xv) insmt.s.k.shangring lamkang and another vs. state of manipur, reported in air 2008 gauhati 46, a writ petition was filed by the widows for the death of their respective husbands, who died, due to falling of a high tension electric line ..... lakshmana naidu (decd) v. state of tamil nadu and another) - a sum of rs.5.00 lakhs was ordered as compensation to the family of the deceased. (f) 2008 (6) ctc 144 (p.n.kanagaraj v. chief secretry, state of tamil nadu) - rs.4.10 lakhs with 9% interest was ordered for the death of a school ..... nature cannot be taken as any legal defence." (xiv) in lilly stanislaus vs. the chairman, tamil nadu electricity board, chennai and three others, reported in 2008 wlr 278, the petitioner's husband went out to procure milk from the nearby aavin milk booth. it is the case of the petitioner therein that earlier, .....Tag this Judgment!