Court : Supreme Court of India
Decided on : Feb-27-2012
..... had stated that networking of rivers is a subject falling under the jurisdiction of the central government and the central government should consider the matter.the - states of karnataka, bihar, punjab, assam and sikkim have given their approval to the concept in-principle, but with definite reservations, i.e., a kind of qualified approval, arguing that the matters with regard ..... and also finalized the terms of reference for the purposes of the dprs. action plan i, submitted in april 2003, envisages completion of 30 frs by the authorities by december 2005.32. action plan ii, submitted in april 2004, mainly envisaged the appraisal of individual projects, in respect of their economic viability, socio-economic and environmental impacts, preparation of resettlement ..... of the dispute and not all matters incidental thereto. for example, the supreme court can certainly direct the central government to fulfill its statutory obligation under section 4 of the act, which is mandatory, without deciding any water dispute between the states. [see : tamil nadu cauvery neerppasana vilaiporulgal vivasayigal nala urimai padhugappu sangam v. union of india & ors., air 1990 ..... made by the committee on pricing of irrigation water (government of india, 1992) with regards to pricing:i. water rates are a form of user charges, and not a tax. users of public irrigation must meet the cost of the irrigation service.ii. as irrigation is one of the key inputs similar to seeds and fertilizer, its pricing should be .....Tag this Judgment!
Court : Delhi
Decided on : Feb-17-2012
..... committee was also given to understand by the representative of publishing industry that the scheme of copyright law was entirely different from the trade marks act and patents act 1970. the application of the standards and principles of these two laws through the proposed amendment of section 2(m) would completely dismantle ..... the net income was around us$ 13.8 billion. the asset of the plaintiffs were valued as usd 294.5 billion for the year 2004-2005. d) the plaintiffs inform that it is one of leading companies in the electronic goods segment across the globe and its products are of ..... s. (1). (emphasis supplied) in support of this contention he has referred us to ram narain sons ltd., v. assistant commissioner of sales tax(,). that was a case where this court was considering the proviso to art. 286(2) of the constitution and the court held that a proviso ..... market under the registered trademark by the proprietor or with his consent. 50. these are essential ingredients for attracting section 30(3) of the act, which acts as complete defense to infringement of trademark. the opening words of the said section are important, need examination and deserve to be noticed, which ..... the suit are being filed with these present proceedings along with the import licence issued to the defendant no.2 and their central sales tax registration. plaintiffs have falsely claimed that they have received information that the defendants were distributing, retailing and selling grey market printers of 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 : Kerala
Decided on : Mar-22-2012
Reported in : 2012(2)KLT143
..... reported in 2003 (1) klt 192 (sc) and another decision of the supreme court in o.p.sharma and others vs. high court of punjab and haryana reported in (2011) 6 scc 86 and contended that the advocates have a duty to uphold the law declared by higher courts and ..... particularly in view of the decision of the constitution bench of the supreme court in zee telefilms ltd. vs. union of india reported in (2005)4 scc 649 wherein the supreme court has held as follows:"there can be no two views about the fact that the constitution of this country ..... matters and in that jurisdiction only we permitted the impleading applications filed in the contempt case, which are basically challenging the provisions of the act, to be numbered as public interest litigations wherein the all india lawyers union was impleaded as the only party supporting the state legislation other ..... initiation of proceedings to consider constitutional validity, this court suo moto granted stay against operation of the provisions of the act authorising grant of permission to hold public meeting on public road and road margins in violation of judgments above referred. thereafter interim applications were filed ..... of it's jurisdiction in public interest matters, initiated suo moto proceedings and issued notice to consider constitutional validity of the provisions of the act which was enacted basically to get over the law declared by this court and confirmed by the supreme court. in fact, simultaneous with the .....Tag this Judgment!
Court : Chennai
Decided on : Jul-24-2012
..... as proper by a responsible body of medical men skilled in that particular art. the supreme court in the case of jacob mathew vs. state of punjab [(2005) 6 scc 1], held that,"the standard of care, when assessing the practice as adopted is judged in the light of the knowledge available at ..... competent authority has to wait till the person causing nuisance abates nuisance.60."nuisance", as defined in sub-section 25 of section 2 of the act, includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or ..... .(3) (a) any person claiming to levy in a private market lawfully established prior to the coming into force of the madras local boards act, 1884 (madras act v of 1884) fees of the nature specified in sub-section (2) of section 147, shall apply to the inspector for a certificate recognizing ..... of charge to the patients in government hospitals, the provisions of the consumer protection act will apply since the expenses of running the said hospitals are met by appropriation from the consolidated fund which is raised from taxes paid by the taxpayers. their lordships have dealt with the definition of service given ..... in section 2(1)(o) of the consumer protection act, 1986, and have observed as follows: (scc pp. 675-76, para 44) .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : Jun-01-2012
..... retirement in one day. in this context, he placed his reliance on the judgments of honble supreme court in the matters of state of punjab versus ramjilal and others [(1971)-2-scr-550]; state of haryana and others versus rajindra sareen [(1972)-2-scr-452]; express newspapers pvt. ltd ..... ) suppl.3-scr-382]; union of india versus malti sharma [(2006)-9-scc-262]; union of india and another versus v. ramakrishnan and others [(2005)-8-scc-394]; and bahadursinh lakhubhai gohil versus jagdishbhai m. kamalia and others [(2004)-2-scc 65]. (ii) the second leg of his submission ..... and taking action as appropriate under the law, forcing the applicant to submit resignation and later on accept his voluntary retirement are not appreciable act. we would, therefore, leave the matter in the hands of the fourth respondent to consider the facts and circumstances of the case and take ..... apex court in bidya deb barma vs. district magistrate, tripura, agartala[air-1969-sc-323] considered section 3(3) of the prevention of detention act 1950 requiring district magistrate to report order of detention to state government 'forthwith' and analysed the meaning of 'forthwith'. though the facts are different ..... jharoda kalan where he was directly working under mr.virender singh the then additional commissioner of police. he stated that sh.virender singh did numerous acts which was probably indicative of mr.virender singh being desirous to get some financial benefits. understanding so he deposited rs.20,000/- in the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-17-2012
..... bench of this court in p. jeevans case (53 supra). referring to the decision of the supreme court in rameshwar dayal v. state of punjab (air 1961 sc 816)and a decision of another division bench of this court in g.p. saxeena v. the state of a.p. and ..... baig (1999) 1 scc 544), maharashtra srtc v. rajendra bhimrao mandve (2001) 10 scc 51), and secy., a.p. public service commission v. b. swapna (2005) 4 scc 154). in p. mahendrans case (37 supra) the karnataka general service (motor vehicles branch) (recruitment) rules, 1962 prescribed a diploma in automobile ..... kondaveeti ravi, the learned counsel appearing for the above said three candidates working as assistant public prosecutors contended that for the purpose of the advocates act, 1961 and the rules made thereunder all the law officers, including the assistant public prosecutors, continue to be the advocates since they are regularly practicing ..... the said submission, the learned senior counsel relied upon raj kumar soni v. state of u.p. (2007) 10 scc 635)and commissioner of income tax, shimla v. greenworld corporation, parwanoo (2009) 7 scc 69)wherein it is held that even if there was any technical violation of the rules of ..... and conditions of service) rules, 1974 framed under article 309 of the constitution of india is a civil post under section 15 of the administrative tribunals act, 1985, held that the post of assistant public prosecutor was a civil post under the state. the provisions of the west bengal assistant public prosecutors .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-23-2012
..... without the explanation the meaning of the entry was always the same. the ld. a.r. points out the fact that the honourable high court of punjab and haryana in the case of g. s. promoters vs. uoi -2011 (21) str 100 (pandh) had decided in similar situation that there ..... filed with respondents as shresth colonisers (p) ltd, the position is that there is demand for rs. 9,34,739- for the period oct 2005 to june 2006 which was confirmed against the respondents but set aside by the commissioner(appeal). the revenue is in appeal against the order of commissioner ..... causing adverse consequence to the public cannot interpreted to have retrospective effect. they also point out that the case before the high court of punjab and haryana in the case of g. s. promoters ..... vs. cce reported in 2005 (181) elt 328 (sc) that principle of unjust-enrichment will apply for refund of service tax also even though such principle is not specifically incorporated in finance act, 1944 and section 11b of central excise act is not specifically made applicable to refund of service tax. extracts from the ..... respondents argue that the explanation added by finance act 2010 cannot be taken into account for deciding this matter which relates to earlier period. no retrospective effect has been given to the explanation added. the supreme court in the case of uoi vs. martin lottery agencies ltd has ruled that such explanations .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-29-2012
..... it is expedient to amalgamate cases. reference is also made to a decision of this court in crl.misc. no.25447 m of 2005 (mandeep arora and others vs. state of punjab and another), decided on 17.12.2007, where the directions were issued for clubbing the complaint case and the fir case for being ..... be well settled and in this regard, reliance has been placed on kadiresan vs. kasim, 1987 cri.l.j. 1225, harjinder singh vs. state of punjab and others, air 1985 supreme court 404. the test, which is to be seen while issuing such direction is where the version in two cases is mutually ..... ). duress also includes threatening, beating or imprisonment of the wife, parent or child of a person." the compulsion in this sense is a physical objective act and not the state of mind of the person making the statement, except where the mind has been so conditioned by some extraneous process as to render ..... 'duress'. in the dictionary of english law by earl jowitt, 'duress' is explained as follows: "duress is where a man is compelled to do an act by injury, beating or unlawful imprisonment (sometimes called duress in strict sense) or by the threat of being killed, suffering some grievous bodily harm, or being unlawfully ..... were forged. details as to how the shares were transferred and on whose names these were so transferred is also given in the complaint. other acts committed by accused mr.naresh batra have also been referred in the complaint to indicate that this was done in a fraudulent manner to cheat the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-2012
Reported in : (2012)10SCC303
..... inherent power of the high court under section 482 of the code has come up for consideration.35. in madan mohan abbot v. state of punjab [2008) 4 scc 582], in the appeal before this court which arose from an order of the high court refusing to quash the fir ..... accused no. 3) is concerned. the appeal is allowed to the extent mentioned above.43. in y. suresh babu v. state of a. p.[ 2005) 1 scc 347] decided on april 29, 1987, this court allowed the compounding of an offence under section 326 ipc even though such compounding was not ..... serious impact on society. similarly, any compromise between the victim and offender in relation to the offences under special statutes like prevention of corruption act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences ..... murder, rape, dacoity, etc; or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all. however ..... or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. the hypertechnical view would be counterproductive and would act against interests of women and against the object for which this provision was added. there is every likelihood that non-exercise of inherent power .....Tag this Judgment!