Court : Delhi
Decided on : Nov-15-2002
Reported in : 2003(67)DRJ73
..... this petition by the petitioner may be recapitulated in the first instance. as per the petitioner it is a registered class-1 contractor with delhi municipal corporation since 1980 and now with the respondent-delhi jal board which is an autonomous body created by government of delhi in the year 1998. ..... of that, we have entertained it to show that it is devoid of any merit.'3. british india corporation ltd. and ors. v. the industrial tribunal, punjab and anr. : air1957sc354 :'para 13: now, so far as the plaintiffs are concerned, the facts are that they made no deposits with the government, and ..... court cannot usurp or abdicate, and the parameters of judicial review must be clearly defined and never exceeded. if the directorate of a government company has acted fairly, even if it has faltered in its wisdom, the court cannot, as a super-auditor, take the board of directors to task. this ..... work changing the conditions incorporated earlier. still the said nit was scrapped and nit no.4 (2002-03) was issued. again the respondents did not act on this tender and changed the conditions once again and nit no.6 (2002-03) was issued.13. to appreciate this contention, we may ..... have been amply clarified the position in this respect.12. it was next contended by the learned senior counsel for the petitioner that the respondents were acting against public interest and the conditions were changed from time to time with malafide intentions. elaborating this submission, it was argued that the respondents had .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Oct-11-2002
..... he was elected that: "there is nothing in the show cause notice or the ultimate order to hold how the act of the appellant had "obstructed the working of the municipal council" or was "against the interest of the council". we are, therefore, clearly of the opinion that not only ..... the show cause notice. in this context he cited the decision of the hon'ble supreme court in tarlochan devsharma v. state of punjab (2001) 6 scc 260 wherein the hon'ble court was considering an appeal challenging the removal of the petitioner from the post of president ..... the portfolio investment scheme (pis) is operated.8. respondent no.1 is an authority established under the securities and exchange board of india act, 1992 (the act) entrusted with the duty of protecting the interests of investors in securities and to promote the development of and to regulate the securities market ..... the principles laid down by the supreme court are binding on the adjudicating officer of sebi also. therefore, his observation that "whether or not the act of non disclosure was intentional or unintentional the failure on the part of the acquirer in complying with the regulation 7 of the takeover regulation, ..... "balmeworthy" conduct", that the court had further observed that - "the high court apparently fell in error in treating the "blameworthy conduct" under the act as equivalent to the commission of a criminal offence, overlooking the position that the "blameworthy conduct" in the adjudication proceedings is established by proof only .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Oct-29-2002
..... 15h. that is, the penalty for violation of both the provisions is the same. it is also seen that the supreme court in the case of municipal corporation of the city of ahmedabad vs. ben hiraben manilal (air 1983 sc 537), where the show cause notice was issued under a different provision, held ..... to those stated in the show-cause notice and traversed into areas beyond the parameters of the show-cause notice (tarlochan dev sharma v. state of punjab (2001) 6 scc 260.28. this is all the more so since after the first show-cause notice alleging a violation or regulation 10, the ..... order dated 4.8.2000 "to enquire into and adjudge contravention of sub section (ii) of section 15h of the securities and exchange board of india act, 1992 (the act) read with sub clause (iii)(a) of clause (e) of sub regulation (1) of regulation 3 read with sub regulation (2) of ..... in accordance with the provisions of law, 75% of the shares or voting rights in a company, shall acquire either by himself or through persons acting in concert with him any additional shares or voting rights, unless such acquirer makes a public announcement to acquire shares in accordance with regulations." section 15h ..... acquire shares, in case the acquirer proposes to acquire such number of shares or voting rights which taking together the shareholding / voting rights of persons acting in concert with him, shall entitle the acquirer to exercise 10% or more of the voting rights in the target company.regulation 10, therefore, requires .....Tag this Judgment!
Court : Chhattisgarh
Decided on : Aug-07-2002
Reported in : 2003CriLJ3519; 2002(4)MPHT35(CG)
..... a dowry death case. at this stage it would be appropriate to make a reference to a decision of the apex court in gurbaksh singh sibbia v. the state of punjab (air 1980 sc 1632) wherein the constitutional bench while discussing the scope of sections 437 and 438, cr.pc observed thus :--'14. generalisations on matters which rest on discretion and ..... was demand of dowry and that puja was being ill-treated and harassed by in-laws, her husband and his family members, that she was murdered and, to hide that act her body was burnt. this aspect was highlighted by the learned counsel appearing for the state and also the objector but in reply the learned counsel for the applicants drew .....Tag this Judgment!
Court : Delhi
Decided on : Feb-20-2002
Reported in : 2002VIIIAD(Delhi)489; 2002(62)DRJ770
..... considered the award of the arbitrator and upheld the same.5. mr. lakhanpal, the learned counsel for the respondent has placed reliance on a judgment of this court entitled as municipal corporation of delhi v. jagan nath ashok kumar and anr., : 1scr180 . in this case their lordships of the supreme court placed reliance on the english judgment of the house ..... in commercial arbitrations, to endeavor to uphold awards of the skilled persons that the parties themselves have selected to decide the question at issue between them. if an arbitrator has acted within the terms of his submission and has not violated any rules of what is so often called natural justice the courts should be slow indeed to set aside his ..... this point any more than on any other question relating to a particular trade. it must be taken i think that in fixing the amount that he has, he has acted on his own knowledge and experience. the day has long gone by when the courts looked with jealousy on the jurisdiction of the arbitrators. the modern tendency is in my ..... upheld by the learned single judge. no interference is called for. the appeal is, accordingly, dismissed.8. the bank guarantee (no. 7/97-98 dated 7.12.1997 issued by punjab and sind bank, paharganj, new delhi) was submitted by the respondent for withdrawing the amounts stands discharged.the petition is accordingly disposed of. .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-22-2002
Reported in : 2002(2)AWC1489; (2002)2UPLBEC1483
..... 16 of the constitution. the case on hand is similar to shujat ali's case discussed herelnabove. in h.c. sharma and ors. v. municipal corporation of delhi and ors., air 1983 sc 881, the question of validity of recruitment prescribing separate quota for graduate junior engineers for promotion to ..... their qualification, whether they are degree holders or diploma holders.'25. the decision in shujat ali's case was followed by the supreme court in punjab state electricity board, patiala v. ravinder kumar sharma and ors., air 1987 sc 367. in that case, fixation of quota in the matter of ..... , cure any defect arising from the violation of the provisions of part iii of the constitution and therefor the objection that the madras ceilings act should have been re-enacted by the madras legislature after the seventeenth constitutional amendment came into force cannot be accepted,'19. the above decision is ..... provisionsof section 13(b) of bombay prohibition act, 1949, came up for consideration before the supreme court initially, the case was decided by a three judge bench but the judgment rendered by the ..... lift the consumption or use of liquid medicinal and toilet preparations containing alcohol from the prohibition enacted in section 13(b) of the bombay prohibition act, 1949. in behram khurshid v. state of bombay, air 1955 sc 123, a question as to the effect of declaration of unconstitutionality of the .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-21-2002
Reported in : 129TAXMAN43(Guj)
..... other services to the vault-holders. it installed fire alarm and was incurring expenditure for the maintenance of fire alarm by paying charges to the municipality. two railway booking offices were opened in the premises for the despatch and receipt of film parcels. this, it appears to us, a ..... the aforesaid view has been taken by the bombay high court in the case of cit v. associated building co. ltd. : 137itr339(bom) , punjab high court in the case of manohar singh v. cit . andhra pradesh high court in the case of cit v. ap small scale industrial development corpn ..... property and all permissible expenditure incurred by the assessee or the expenditure deemed to have been incurred by the assessee as allowable under the act should be deducted from the income of rent. looking to the said fact, the assessee cannot claim depreciation on the value of the ..... the tenants (re : palkhiwala income tax, 8th edition, pages 429-430).9.1a income from house property-notional income. the income tax act deals with cases of 'notional' income which may be contradistinguished from real income and the aptest illustration is found in the taxation of income from ..... ,94,476 for assessment year 1975-76) claimed as business expenses ?'basic facts2. sarabhai private limited, assessee, respondent herein, is a company incorporated under the companies act. it has the following properties, namely, (i) shahibaug house situated at 13, wittest road, bellard estate, bombay, (ii) ahmedabad house situated at 15, wittest .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-13-2002
Reported in : JT2002(10)SC534
ordercivil appeal arising out of slp (c) no. 19277/02 1. impleadment allowed. 2. leave granted. 3. this appeal by state of tamil nadu is directed against the impugned judgment dated 25th of september, 2002 of the high court of madras. on the change of licensing system of retail vending of indian made foreign liquor (imfl), writ petitions were filed in the high court of madras, 1500 in all by the existing licence-holders, assailing the legality of the change of the policy and bringing out the system of grant of exclusive privilege by a fresh lot. the high court of madras came to the conclusion that the revised excise policy is unreasonable and arbitrary and has no nexus with the object of augmentation of the excise revenue. the high court finally disposed of the writ petitions with certain directions and at present, we are concerned with the direction contained in clause (iii) to the effect 'the above facility of renewal to the petitioners shall be made available if the petitioners remit the requisite amounts on or before 31st of july, 2002.' 4. against the aforesaid judgment of the madras high court, the state came up in appeal to this court and the batch of special leave petitions was disposed of by us vide judgment dated 26th of august, 2002. while upholding the judgment of the madras high court with some modification in respect of some of the directions, it was also stated - 'it is also made clear that the facility of the renewal would be available to those of the existing .....Tag this Judgment!