Court : Mumbai Nagpur
Decided on : Aug-16-2012
..... tridip kumar dingal and others v/s state of west bengal and others. (3) (2006) 11 scc 356 - inderpreet singh kahlon and others v/s state of punjab and others. (4) (1993) 3 scc 591 - dr.m.s.mudhol and another v/s s.d.halegkar and others. (5) (1991) 3 scc ..... 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a ..... to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no ..... was posted on the official website of the respondent no.1 university and that the petitioners should only give brief statement regarding his/her selection during 2005. the petitioners, thereafter, downloaded the format, in which the vice chancellor wanted the petitioners to submit their statement in brief, from the official ..... which is vitiated and initiate to cancel the appointments of candidates concerned after following due procedure in accordance with the law and provisions of the act, statutes, ordinances and regulations of the punjabrao deshmukh krishi vidyapeeth, akola. (2) to fix the responsibilities against the persons responsible for committing .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-03-2012
..... . he also claimed injunction against his premature retirement from service. the court entertained the writ petition, but declined to grant interim relief. the punjab government accepting the recommendation of the high court, sanctioned premature retirement of the petitioner on his completing 25 years of qualifying service. the apex ..... present case on hand, in addressing the first point framed by this court for consideration, it is relevant to extract the notification dated 28.9.2005, which reads as follows: notification the committee constituted for screening of judicial officers to extend their services beyond the age of 58 years upto ..... attained the age of 50 years on 12th march 1974. the committee resolved to prematurely retire among others in public interest. the chief justice, acting under article 229 of the constitution, read with rule 19 of the andhra pradesh high court service rules, etc., passed an order retiring the ..... fifty five years appearing in the impugned first proviso to section 391a shall be ignored while enforcing first proviso to section 3(1a) of parent act. in the absence of any guidelines, even if assessment is made, the same does not save impugned provision if it is otherwise unconstitutional. ..... that the vigilance judge did not show that the appellants work and conduct were not satisfactory or that he was not fit to act as a judicial officer. therefore, the apex court held that the high court was not justified in considering those complaints and in concluding .....Tag this Judgment!
Court : Delhi
Decided on : Mar-23-2012
..... scc 236 also laying down that contractual matters are not totally beyond the scope of judicial review; f. a. angoubi singh v. state of manipur air 2005 gauhati 92 where direction for discharging contractual obligations was issued in writ jurisdiction; g. abl international ltd. v. export credit guarantee corporation of india ltd. ..... performance of contract unless the contractual dispute has a public law element. reference may also be made to binny ltd. vs. v. sadasivan (2005) 6 scc 657 where the apex court held that even in the matter of termination of employment, no public law element is involved and the ..... money alleged to have been illegally collected is not ordinarily maintainable, if the allegation is that the assessment was without a jurisdiction and the tax collected was without authority of law and therefore the respondents had no authority to retain the money collected without any authority of law, the ..... standard by which delay in seeking remedy under article 226 can be measured. reliance is also placed on binny ltd. v. v. sadasivan air 2005 sc 3202 in support of the proposition that contractual obligations are beyond the zone of judicial review. 14. we may however notice that the judgment ..... was filed only on 28th september, 2007. there is nothing to show any acknowledgment of liability within the meaning of section 18 of the limitation act. 11. we have thus wondered whether money claim, suit for which had become barred by time/limitation, can be allowed in writ jurisdiction. the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-19-2012
..... ors., 1998 i clr 303 (hc-bom). (2) parvati w/o digamber mohekar, 2009 ii clr 201 (hc-bom.). (3) r.k. sabarwal vs. state of punjab, 1995 i clr 719 (sc). (4) shanti rayon mills vs. mill mazdoor sabha, 1954 i llj (bom) 502 l.a.t. (bom). (5) chaganlal textile ..... (21) arjun dada gadge vs. mallappa g. chougule, air 2003 bombay 441 (hc-bom.). (22) management of sonepat co-op. sugar mills ltd. vs. ajit singh 2005 i llj 1122 (sc). (23) siemens ltd. and anr. vs. siemens employees union and anr. 2011 iii clr. 632 (sc). (24) parry and co. vs ..... following: "38(2) interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari ..... sc) has held that the contract labour can be abolished only by the appropriate government under section 10 of the contract labour (regulation and abolition) act, 1970 after following the procedure laid down therein and that there cannot be automatic absorption of the displaced contract labour even if the same is abolished ..... law. 3. the petitioner-bank (hereinafter referred to 'the bank') is a central co-operative bank registered under the provisions of maharashtra cooperative societies act having 47 branches and 15 extension counters in the city of mumbai. the respondent-union (hereinafter referred to as 'the union') is the representative union .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Jul-16-2012
..... law on the points relevant to this case, as laid down by the apex court in two of its well-known judgments: (i)(a) in jacob mathew v state of punjab [(2005) 6 scc 1], the court held, inter alia, vide paragraph 48- xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx (3) a professional may be held liable for negligence on one of the two findings: either he was ..... lakh, which would have been payable in 2001 on which interest @ 9% per annum since 2001 would not be unreasonable. however, since we cannot attribute reetas death solely to the acts of negligence on the part of the respondent/op, the interest of equity would be met if his liability for compensation were restricted to rs.7 lakh. 21. as a ..... unfortunate that the medical board did not go into these questions with the seriousness expected of an independent body of experts. however, there is no evidence at all that the acts of the respondent /op were the proximate cause of reetas eventual death and the respondent/op cannot be held to account for that. 20. that brings us to the question ..... his own admission, he was fully aware of the need for this procedure and also that he could not have carried out that procedure himself; (vii) to compound his several acts of omission and commission, he wrote the records of the case with material difference between the entries in one set of papers that he made over to the complainant and .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-03-2012
..... 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 ..... . accordingly the matter was placed before the constitutional bench. the constitutional bench in the case ashok tanwar v. state of himachal pradesh and others [air 2005 sc 104] took note of the judgment of the apex court in ashish handas referred to above and also various judgments of the apex court including ..... no surer way to misread a document than to read it literally. 68. again the apex court in the case of k.p. varghese vs- income tax officer (1981) 4 scc 173 held that a strict literal reading of a statute is to be avoided as by reason thereof several vital considerations, which must ..... conferment of a veto right on one of the consultees, which clearly is contrary to the express mandates of section 3(2)(b) of the act. the act does not make the advise or suggestion of the honble chief justice binding upon chief minister. any action taken by the honble chief minister ..... the appointment of a former judge of the punjab and haryana high court was in accordance with section 16 of the consumer protection act, 1986. after referring to the service conditions of the president of the consumer forum, various provisions of the act and the scheme of the act, it was held as under: the appointment .....Tag this Judgment!
Court : Chennai
Decided on : Oct-19-2012
..... several reports that the prevailing price of molasses was much higher. on 06.04.2004, letters were written by distilleries from jaipur in rajasthan and kapurthala in punjab, offering to purchase molasses at the rate of rs.260/- per quintal and rs.250/- per quintal respectively (rs.2,600/- per mt and rs.2 ..... rs.1.40 crores. the same logic would apply squarely to the case in hand also. 161. the other judgments, viz., the one reported in in (2005) 3 scc 275, coal india ltd. and others vs. imenk sou and others and the one reported in (1995) 2 scc 462, south indian film chamber ..... on the following judgments in support of her contentions: i. cdj 2008 sc 725, kisan sahkari chini mills ltd. and others vs. vardan linkers and others. ii. (2005) 3 scc 275, coal india ltd. and others vs. imenk sou and others iii. (1995) 2 scc 462, south indian film chamber of commerce, madras and ..... rate in the open auction-cum-tender for sale of molasses in tamil nadu. 28.she further contended that the tamil nadu transparency in tenders act, 1998 ("the act" for short) was given a complete go-by in order to accommodate the three companies; when the sale of 1 lakh mts of molasses ..... association when parliament had clearly intended to make the annual surpluses of mutual insurance companies subject to tax, macmillan found a particularly formalistic argument to show that this had not been the effect of section 31 of the finance act of 1933. he was then happily able to announce, the legislature has plainly missed fire .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-02-2012
..... harassed or tortured. learned counsel for the accused relied on the judgment of the apex court in the case between shri gurbaksh singh sibbia vs. state of punjab (1980) 2 scc 565)in support of his contention that a person can be deemed to have been surrendered to the police when he offers some ..... peter (2008) 2 scc 383), ram lal narangs case (7 supra), k.chandra sekhar vs. state of kerala (1998) 5 scc 223)and state of punjab vs. central bureau of investigation (2011) 9 scc 182)are concerned, it has to be seen that in the instant case, the main point that came up for ..... .s.rajasekhar reddy, had declared assets worth rs.2.12 crores in april, 2002 before the election commission of india and the accused, in his income tax returns for the year 200304, declared his annul income as rs.9,19,951/- only and these facts reveal that a.1 and his late father ..... . it is further alleged that the beneficiaries of the official favours from the late chief minister resorted even to money laundering by adopting hawala routes thorough tax haven countries such as mauritius and these monies are brought into the companies and business of the accused at huge premium though the track record and business ..... i.e., stay of proceedings under the said act, the above referred decision is not relevant for the purpose of this case. learned additional solicitor general of india appearing for the cbi had relied on the judgment in the case between state of orissa vs. saroj kumar sahoo (2005) 13 scc 540). in that case, the .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Sep-10-2012
..... the accused or that the amount of rs.5 lakhs alleged to have been given by him to the accused, was contrary to income tax act and income tax rules. the complainant admitted that there was no document terminating or cancelling the memorandum of understanding dated 25/07/2008 which was for sharing profits ..... cheque in the canara bank, panaji branch. by communication dated 30/04/2009, the complainant was informed that the cheque was returned unpaid by the punjab national bank, vasco-da-gama under memo dated 29/04/2009 with endorsement 'funds insufficient'. the complainant issued a legal notice dated 18/05/2009 ..... accused agreed to pay to the complainant rs.25,000/- in equal monthly instalments in the form of 50 post dated cheques issued in advance on punjab national bank comprising of capital borrowed amount and profit percentage at 3 % per month. the same also discloses that the accused pledged to deposit ..... month as agreed. hence, the complainant requested the accused to return rs.5 lakhs. the accused issued the cheque dated 23/03/2009 drawn on punjab national bank, vasco-da-gama in favour of the complainant for an amount of rs.5 lakhs towards the repayment of the amount due to the ..... the following judgments: (i) goa plast (p) ltd., vs. chico ursula d'souza; air 2004 sc 408. (ii) k. bhaskaran vs. sankaran vaidhyan balan and another; 2005 bcr 178. (iii) santa priya engineers (pvt) ltd. and anr. vs. uday sankar das and anr.; 1998 91 company cases 599 calcutta. (iv) suganthisuresh kumar vs. .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : Sep-25-2012
..... was within limitation. the answers to both these questions are in negative. the reasons stated for the same are as under :- the honble high court of punjab and haryana in case haryana urban development authority versus m/s zuari industries, 2009(3) r. c. r. (civil) 104 (db),has held as ..... the deposited amount was refunded to him on 1.12.2000, whereas complaint was filed by the petitioner on 23.5.2005. as per section-24-a of the consumer protection act, 1986 (as amended upto date) a period of two years has been provided to file complaint. thus, the complaint ..... , the refund amount was received by the petitioner vide cheque dated 1st december, 2000, whereas complaint before the district forum was filed in the year 2005. it is really surprising as to how the district forum had entertained this time barred complaint. 15. in this regard, reference may be made to ..... of the letter of allotment that till offer of possession, no interest on the installment shall be charged. 5. district forum, vide order dated 26.10.2005 while allowing the complaint held; (i) the respondents are ordered to pay interest @ 12% p.a. on the deposit of the complainant w.e ..... 2005) 3 supreme court cases 752; (iv) ghaziabad development authority vs. balbir singh, (2004) 5 supreme court cases 65 ; (v) laxmi engineering works vs.p.s.g. industrial institute (1995) 3 supreme court cases 583; (vi) haryana urban development authority vs. m/s zuari industries, letters patent appeal no. 88 of 2007, decided by high court of punjab .....Tag this Judgment!