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Others Judgments and Orders

S.R. SRINIVASA & ORS. VERSUS S. PADMAVATHAMMA

 28 April 2010

Briefly stated the facts of the case are that the plaintiffs claimed that Puttathayamma was wife of Sivaramaiah who pre-deceased her in 1950. Puttathayamma died on 15.11.1979. She had four children. Lalithamma (daughter) who died in 1990, was the ori..

Posted in Others |   1853 hits

M/s. A.P.T. Ispat Pvt. Ltd. Versus U.P. Small Industrial Corporation Ltd. & Anr.

 28 April 2010

The appellant is a private limited company incorporated and registered under the Companies Act. It seeks to challenge two recovery certificates issued by the Managing Director of the U.P. Small Industries Corporation Ltd. (a government corporation) i..

Posted in Others |   1928 hits

Zameer Ahmed Latifur Rehman Sheikh Versus State of Maharashtra and Ors.

 28 April 2010

This matter concerns an assortment of questions regarding the interpretation and constitutionality of certain provisions of the Maharashtra Control of Organized Crime Act, 1999, and as such calls for our utmost attention, particularly in view of the ..

Posted in Others |   1853 hits

M/s. Modern Industries Versus M/s. Steel Authority of India

 27 April 2010

Two main questions arise for consideration – first, as to the meaning of the expression, ‘amount due from a buyer, together with the amount of interest’ under sub-section (1) of Section 6 of the Interest on Delayed Payments to Small Scale and Ancilla..

Posted in Others |   1583 hits

Chhattisgarh State Electricity Board Versus Central Electric

 27 April 2010

Whether Section 5 of the Limitation Act, 1963 (for short, ‘the Limitation Act’) can be invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 (for short, ‘the Electricity Act’) after ..

Posted in Others |   2276 hits

M/s. Vijaya Bank Versus Commissioner of Income Tax & Anr.

 26 April 2010

Whether it is imperative for the assessee-Bank to close the individual account of each of it's debtors in it's books or a mere reduction in the Loans and Advances or Debtors on the asset side of it's Balance Sheet to the extent of the provision for b..

Posted in Others |   2532 hits

Assistant Commercial Tax Officer Versus Others

 26 April 2010

With the consent of counsel appearing for the parties, the matters are heard for final disposal. By this judgment we will dispose of all the aforenoticed appeals as common question of law on somewhat similar facts arises for consideration of this Cou..

Posted in Others |   1364 hits

Assistant Commissioner, Commercial Tax Department, Works Con

 26 April 2010

The present appeal under Article 136 of the Constitution of India is directed against the Judgment dated 29th February, 2008 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Sales Tax Revision Petition No.92 of 2007, and i..

Posted in Others |   2030 hits

Assistant Commercial Taxes Officer Versus M/s. Kansai Nerola

 26 April 2010

We may notice necessary facts giving rise to the present appeal. Vehicle No. RJ-19G-3661 was carrying `parchun’ materials and in addition 377 pieces of drum bucket paints. These goods were transported from Ughna (Surat) to Jodhpur under Bilty No. 014..

Posted in Others |   1620 hits

Balathandayutham and another Versus Ezhilarasan

 26 April 2010

The material facts of the case are: Late Mr. M. Ramachandran, the father of the 1st appellant as also of the plaintiff-respondent, had three sons, namely, Balathandayutham (1st appellant), Ezhilarasan (plaintiff-respondent) and one Gnanavoli and two ..

Posted in Others |   1551 hits

Jindal Stainless Ltd. & Anr. versus State of Haryana & Ors

 26 April 2010

On 18th December, 2008, when some of the cases in the present batch came for hearing before a Division Bench of this Court to which one of us, Kapadia, J., was a party, the Division Bench of this Court found that some of the High Courts before which ..

Posted in Others |   2130 hits

M/s. Jai Vijai Metal Udyog Pvt. Ltd. Industrial Estate, Vara

 26 April 2010

The Dealer, incorporated as a private limited company, is engaged in the manufacture of aluminium ‘properzi’ redraw rods from aluminium ingots. The word ‘properzi’ is the name of the person who had invented the process of manufacturing redraw rods. A..

Posted in Others |   1578 hits

M/s. Variety Entertainment Private Limited, Hyderabad

 16 March 2010

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Posted in Others |   2098 hits

contributory & composite negligences

 05 January 2010

Thus, when a person/victim suffered without any negligence on his part but as a result of combined effect of negligence of two other persons, it is not the case of "contributory", but what has been said by famous jurist Pollock as injury or death..

Posted in Others |   3814 hits

MV ACT-THIRD PARTY INSURANCE-OWNER DEAD IN NO CLAIM

 24 October 2009

"That as per Motor Vehicle Acts and Rules the owner is not entitled to get any compensation if he drives the vehicle and falls in an accident- As the Insurance Policy is a third party in nature- The contract between the insured and insurer is that..

Posted in Others |   4939 hits

Driving lisence

 22 May 2009

A person having driving lisence to drive Tractor is not authorised to drive motorcycle..

Posted in Others |   2503 hits

interpretation of arbitration act

 02 April 2009

questions relating to the construction and interpretation of section 85 of the Arbitration and Conciliation Act, 1996 (the "new Act" for short) which contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Conven..

Posted in Others |    hits

Police aid for tower construction

 17 March 2009

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dishonour of cheque lost in transit

 25 February 2009

The cheque was sent for collection to Chengannur branch of the bank through M/s. Professional Couriers but the same was lost in transit. Banking Ombudsman gave similar advise to the respondent by pointing out that he can get duplicate cheque by res..

Posted in Others |    hits

Health Hazard-Telecom Tower erection

 18 February 2009

We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Pan..

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