Court : Mumbai
..... 2g licenses, inter alia, allotted to the company. in its said judgment, the honble supreme court recorded findings of conspiracy between the then minister of communications and certain applicants for licenses which were real estate companies having no prior experience in dealing with telecom services and who had made ..... of the employees) on the rolls of the company; making payments for the premium of insurance policies taken by the company; seeking payment of employees salaries and other dues; recommending payment/renewal of bank guarantees; recommending to vacate property/office premises in occupation of the company; retaining m/s. luthra ..... its business. it is submitted on behalf of respondent no.2 majestic that the petitioner had represented that it had operations in the middle east, in africa and other countries and that it had significant experience, ability and expertise in carrying on the telecom business as an international telecom ..... v) in re taldua rubber co. ltd. ((1946) 2 all er 763, page nos. 1, 4 to 6), (vi) in galbraith v. merito shipping co. (1947 sc 446, page nos. 5 to 7) and (vii) in vassant holiday homes pvt. ltd. and ors. vs. madan v. prabhu (2001 (3) bomcr 493, ..... of proceedings filed by the company, for instance in the suit filed by the company against punjab national bank (pnb); (ii) representing the company in the drat and in various proceedings under the income tax act; (iii) dealing with the large number of creditor claims including the claims of statutory .....Tag this Judgment!
Court : Allahabad
..... has got overriding effect over all the agreements like gspa and gta. the delivery point has been approved in a meeting convened by empowered group of ministers dated 25.6.2008, copy of which has been annexed as annexure no. sca-2 to the counter affidavit filed by union of india in ..... cases falling within it from the purview of the more general provision. section 11(4) (a) of c.p. and berar sales tax act (21 of 1947) specially provides for the initiation of proceedings against a registered dealer who has not furnished returns in respect of any period by the prescribed date. ..... powers already specified, the particular power is only illustrative and does not in any way restrict the general power. 216. in ashoka marketing ltd. v. punjab national bank reported in (1990) 4 scc 406, hon'ble supreme court held as under:. the latin maxim, leges posteriores priores contrarias abrogant (later laws ..... gas, lean gas is extracted and in terms of agreement (ext. 3), the buyers is entitled for natural gas containing minimum of 80% methane. the east-west pipeline of rgtil goes upto ankot, gujrat. at hazira, the natural gas from ongc, is brought on shore and transported through gail pipeline (known as ..... gta defines mdq to mean entry point mdq or exit point mdq and mmbtu means one million btu. transporter's facilities has been defined as east-west pipeline and all related ancillary facilities operated by transporter. transporter's obligation has been provided under clause 2.1 of the agreement whereas shipper .....Tag this Judgment!
Court : Karnataka
..... or more upa-lokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants. the public servants who are covered by the act include:- (1) chief minister; (2) all other minister and members of the state legislature; (3) all officers of the state government; (4) chairmen, vice chairmen of local authorities, statutory bodies or corporations established by or ..... a complaint involving a grievance or an allegation is made in respect of such action. (b) any other public servant holding a post or office carrying either a fixed pay, salary or remuneration of more than rupees twenty thousand per month or a pay scale the minimum of which is more than rupees twenty thousand as may be revised, from time ..... said to have been issued after consultation. 57. again a constitution bench of 7 judges of the apex court in the case of shamsher singh and anr. v. state of punjab (air 1974 sc 2192) had an occasion to interpret the word consultation. justice krishna iyer, j speaking for himself and on behalf of bhagwati, j has articulated the evaluation of ..... deliberate. statutory provisions 53. the word consultation as interpreted by courts in connection with statutory provisions. the word consult was subject matter of judicial scrutiny in fletcher v. minister of town planning (1947) 2 all e.r. 496 in which the learned judge observed thus: the word consultation is one that is in general use and that is well understood. no useful .....Tag this Judgment!
Court : Allahabad
..... made by the government, proposal for legislation, issuance of ordinance, amendment of rules, framing of rules, cases involving financial implication, decision by finance minister, major policy, winding up amalgamation or creation of new corporation, companies owned by the government or by public sector, summing or prorogue house of ..... officers and employees and executive as well as judiciary but also hospital and court rooms and other related paraphernalia with sufficient fund to pay salary to employees coupled with other recurring expenditures. 74. article 266 and 267 of the constitution deal with consolidated fund and public accounts of ..... each department shall submit to the cabinet a periodical summary of its principal activities and such other periodical returns, as the cabinet or the chief minister may from time to time require. (10) responsibility of departmental secretaries-- in each department, the secretary (which term includes a special secretary or ..... to referendum and therefore, proposed referendum was invalid. cons. 1972. art. 3 $$4, 5; art. 5, $ 1; art. 11, $ 8; r.c.m. 1947, $$ 11-1104 et seq., 37 --301 et. seq., 37--301 (1, 2).--chouteau county v. grossman, 563 p. 2d 1125, 172 mont. 373.--high 97. ..... and applying the test as laid down by the apex court in state of punjab's case (supra), it is clear that the notification issued by the state government under section 11 of the act is a legislative instrument of general rule of conduct and the power exercised does not .....Tag this Judgment!
Court : Mumbai
..... differed. under the rules then in place in indore, in such a situation, the view of the learned single judge was to prevail. the prime ministers award thus became a rule of the court. this immediately raised a question under section 13 of the cpc; specifically, clauses (a), (b) and ..... of four orders (one on each petition) dated 9th february 2012 inter alia restraining the four respondent companies from utilizing their funds except for salaries and statutory payments and secondly from disposing of any assets. a later order of 7th november 2012 directed the maintenance of status quo ??as ..... of vmpl that, in the interregnum, rakesh, exercising his clearly vast powers, had arranged for the indian rkm companies to guarantee loans made by the punjab national bank ( ??pnb ? ) to spcpl (the newly formed company in the super-max group). rkm now found himself in a most peculiar situation ..... our division bench was carried to the privy council, which dismissed the appeal. (brijlal ramjidas and anr. v govindram gordhandas seksaria and ors., air 1947 pc 192) lord du parcq of the privy council said: 8. some difficulty has been occasioned in the interpretation of section 13 by the definition ..... companies were restrained from dealing with the assets of the companies, except for statutory and salary payments to employees. 26. on 15th february 2012, rkm issued a notice under section 169 of the companies act, 1956 requisitioning an extraordinary general meeting of the members of trans-auto on 27th march .....Tag this Judgment!
Court : Supreme Court of India
..... bank deposits and other deposits held by her in her name and in the names of a2, a3 and a4, agricultural income, loans and the salary received by her as chief minister of tamil nadu, worked out to a total of rs.9,34,26,054/-, whereas during this period the expenditure incurred by a1 including repayment ..... amount of rs.5200/- seized from the house of the appellant and proved to be the subject-matter of charge under section 5(1)(e) of the 1947 act, were ordered to be confiscated to the state. responding to the plea of want of jurisdiction of the special court to order confiscation, this court referring to ..... - (1992) 4 scc45amba lal vs. union of india - (1961) 1 scr933k. veeraswami vs. union of india & ors.-. (1991) 3 scc655prithipal singh & ors. vs. state of punjab & anr.-. (2012) 1 scc10he further contended that in establishing the link between the alleged benamdar and the public servant, the standard of proof required is direct evidence or circumstantial evidence ..... the | | | | | | | |residential building | | | | | | | |at | | | | | | | |d.no.36, poes garden,| | | | | | | |chennai-86. | | | | | |16. |174 |new/additional |117 |673 |1333.83 |80,75,000/- | | | |construction in | | | | | | | |building at 5 b & c | | | | | | | |east coast road, door| | | | | | | |no.4/130 raja nagar, | | | | | | | |neelankarai, | | | | | | | |chennai-41(ref. | | | | | | | |doc.no.4752/930fs.r.o| | | | | | | |. | | | | | | | |adyar)evaluation | | | | | | | |report | | | | | |17. |191 |new/additional |117 | .....Tag this Judgment!
Court : Supreme Court of India
..... government of india. all these committees were purely advisory in character and functioned under the control of the government with the minister in charge of the department acting as the committee. after the constitution came into force, the position of the central legislative assembly changed altogether and the ..... the functioning of the government as per their respective mandate. the other category of committees like the rules committee, house committee, joint committee on salaries and allowances, etc. deal with matters relating to the houses and members.? 73. the functions of the parliament in modern times are not only ..... legislative and judicial authority and the supremacy of constitution. justice b. k. mukherjea, chief justice, in ram jawaya 108 kapur vs. state of punjab, air 1955 sc 549 referred to essential characteristics of separation of powers in the indian constitution. in para 12, following has been held: .... ..... what is said or done within the walls of parliament in performance of its legislative functions and protection of its established privileges: burdett v. abbot (1811) 14 east 1; stockdale v. hansard (1839) 9 ad. & ei. 1; bradlaugh v. gossett (1884) 12 q.b.d. 271; pickin v. british ..... implications which are ?logically or practically necessary for the preservation of the integrity of that structure?. any proposition that is arrived at 49 . 74 clr31(aust) 50 . 177 clr106(aust) 45 taking this route of interpretation must find some resting pillar or strength on .....Tag this Judgment!
Court : Chennai
..... love and affection, funeral expenses, etc. 22. the petitioner has already received a sum of rs.1 lakh from the chief minister's relief fund in the year 2005. after deducting the said amount, petitioner is entitled to get more than the amount claimed in ..... in anna university. he was working as assistant director, in the office of the director, highways research station, chennai-32, and drawing a salary of rs.18,526/- per month. his mother with m.a., b.ed. and m.phil degree, was a teacher in p.m. ..... their part, which warrants us to consider, few cases on what negligence means. 33. 'negligence' explained in jacob mathew vs. state of punjab and anr. decided in appeal (crl.) 144 - 145 of 2004 on 05.08.2005, held as follows: "negligence as a tort the ..... feel justified in treating them as negligible. it is only when this is so that the doer of the act is acting 'recklessly' if, before doing the act, he either fails to give any thought to the possibility of there being any such risk or, having recognized ..... been known to the defendant, then the defendant is liable for any injury caused by the fall of the tree (see brown vs. harrison (1947) 63 law times reports 484; quinn vs. scott (1965) 1 w.l.r. 1004, mackie vs. dumbartonshire county council, (1927) ..... authorising or instigating one, and that he could not be sued in his own courts. in india, ever since the time of the east india company, the sovereign has been held liable to be sued in tort or in contract, and the common law immunity never operated .....Tag this Judgment!
Court : Mumbai
..... allotted to the company. in its said judgment, the honble supreme court recorded findings of conspiracy between the then minister of communications and certain applicants for licenses which were real estate companies having no prior experience in dealing with telecom ..... rolls of the company; making payments for the premium of insurance policies taken by the company; seeking payment of employees salaries and other dues; recommending payment/renewal of bank guarantees; recommending to vacate property/office premises in occupation of the company; ..... including the company) ought not to be refunded to them. 2.29 according to the petitioner on 19th may, 2012, punjab national bank ( ??pnb) misappropriated an amount of rs.254.16 crores out of the companys fixed deposits with the ..... submitted on behalf of respondent no.2 majestic that the petitioner had represented that it had operations in the middle east, in africa and other countries and that it had significant experience, ability and expertise in carrying on the telecom ..... rubber co. ltd. (1946) 2 all er 763, page nos. 1, 4 to 6), (vi) in galbraith v. merito shipping co. (1947 sc 446, page nos. 5 to 7)and (vii) in vassant holiday homes pvt. ltd. and ors. vs. madan v. prabhu (2001 ..... accept the documents. citibank instructed citi bahrain to release the payment under the lcs to citi china upon negotiation. citibank acted upon the said letter, as instructed by the company. accordingly, citi bahrain discounted the documents under the lcs and .....Tag this Judgment!
Court : Chennai
..... such specific cause, that they used all reasonable care in and about the management of their tyres." 13. in roe v minister of health and another (1954-2 q.b. 66) morris, l.j. observed as follows: "this convenient and succinct formula ..... identity card; ex. p9 - esi card; ex. p10 - contract; ex. p-11 - age slip; ex. p12 - authorisation letter, ex. p13 - salary certificate; and ex. p14 - identity card, have been marked on the side of the respondents/claimants. 5.before the claims tribunal, the defence that the motor, ..... able to explain the accident, the principle of 'res ipsa loquitur' can be applied'. (ii) in jacob mathew v. state of punjab reported in 2005 (4) ctc 540, at paragraphs 10, 11, 27 and 48(1), held as follows: 10. the jurisprudential ..... : 6. what is stated in the judgment of the calcutta high court, in jeet kumari v. chittagong a.i.r. 1947 cal. 195 is not on the principle of burden of proof. a landmark judgment of the supreme court in shyam sunder v. ..... mr.v.dhandapani, was travelling in a two wheeler, bearing registration no. tn 37 aj 7373, and proceeding from west to east on the coimbatore to avinashi main road, about 11.45 am., near residency hotel, coimbatore and opposite to visco tower, a ..... (edited by justice g.p. singh),referred to hereinabove, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three: 'duty', 'breach' and .....Tag this Judgment!