Latest Cases

Anindya Basumatary Vs. Food Corporation of India and ors.

Court : Guwahati

.....and bona fide handling/transport contractors with strong financial background having experience of handling/transportation with manufacturing/handling agencies/government/psu/public limited company dealing in fertilizers/food grains/cement or similar products during preceding 2 years of transport contracts, the total value of which is not less than 50% of the estimated value as stated below, or the tenderer should have executed in the immediately preceding two years any single contract, the value of which is not less than 25% of the estimated value....3. as per clause 7(g) of the model tender form, the price bid of only those tenderers shall be opened whose technical bids are found acceptable and the time and date of opening of price bids shall be fixed and intimated to them. as per appendix ii, model tender form for fulfilment of the criteria regarding works experience, the tenderers are to submit experience certificate duly obtained from the manufacturing/handling agencies/government/ psu/public limited company dealing in fertilizers/food grains/cement or similar products during preceding 2 years of transport contracts.4. in the meantime, the term of the.....

Mithila Minority Dental College and Hospital and ors. Vs. the State of ...

Court : Patna

.....in complaint case no. 1475/2002 filed by opposite party no. 2, namely, m/s ashok leyland finance ltd., in which cognizance has been taken under sections 406 and 420 of the i.p.c. and order was passed for issuance of summons against the petitioner.2. the case of the complainant is that the complainant/opposite party no. 2 is the company under the companies act and is being represented through its branch incharge who is competent to file and contest the complaint case on behalf of the company petitioner no. 1, who is accused no. 1 in the present case approached the complainant (o.p. 2002) for financing one ashok leyland super passenger carrier vehicle. the complainant was assured by the accused persons, including petitioners no. 2 and 3 that the complainant's money along with upto date interest shall be returned to the complainant always within the stipulated period. the accused persons, who are petitioners in this criminal miscellaneous case, further assured that the complainant may inspect the financed vehicle any time if so desired and that in case there was any default in payment, the complainant may repossess the financed vehicle and take appropriate steps to recover the.....

Hareswar Das Vs. Union of India (Uoi) and ors.

Court : Guwahati

.....the respondent refinery. on perusal of the same, what i find is that the selection committee awarded marks upon evaluation of the relevant factors. the primary ground on which the writ petition has been filed has been noted above. under the head 'site inspection', the respondent no. 5 has been awarded better marks than the respondent no. 6 and the petitioner. according to the petitioner since his land is in the vicinity of the location, he ought to have been preferred over the respondent no. 5 whose land according to him is beyond the vicinity of the location. learned counsel for the petitioner has put much emphasis on the expression 'at or in the vicinity'. he submitted that since the petitioner offered land at the location, the respondents ought not to have considered the land of the respondent no. 5 to be more suitable, which is beyond the vicinity.13. in the notice inviting applications, there was no indication that the land offered at the locality would be preferred over the land in the vicinity of the locality. although it was argued during the course of hearing by the learned counsel for the petitioner that the petitioner has offered land at the locality but as.....

Ramchandra Mahto and anr. Etc. Vs. the State of Bihar

Court : Patna

.....place where the assault allegedly took place nor he found marks of dragging till the second spot where the dead body was found lying. however, these facts alone can not disprove the alleged place of occurrence when according to the same i.o. blood marks were seen by him on items like chair and slippers found at or near the first spot. it is also relevant to keep in mind that the two spots are at a short distance from each other situated on a village road. according to statement of witnesses, when the news of such crime spread in the night, hundreds of per sons gradually came near the dead body. in such circumstances, some mark of blood at the first spot which was a few steps away from the dead body as well as the mark of dragging could have been obliterated and therefore we do not see any material in the statement of the i.o. in respect of place of occurrence which may disprove the alleged place of occurrence rather his evidence and objective findings go to support the prosecution case.10. the next serious submission advanced on behalf of the appellants was that the doctor did not find any food particles, digested or semi digested in the stomach and therefore the prosecution case.....

Parghat Kaibarta MIn Silpa Samabai Samity Ltd. and anr. Vs. State of A ...

Court : Guwahati

.....the writ petitioner in w.p.(c) no. 5209/06. i have also heard ms. r. chokraborty, learned state counsel representing the state respondents.19. the fact material for the purpose of determining the issue raised have been noted above. there is no dispute that the petitioner's society was the highest bidder and the private respondent was the second highest bidder. while the petitioner's society complied with all the requirements of the tender notice, the private respondent failed to do so as will be evident from the comparative statement prepared by the deputy commissioner. the comparative statement was forwarded to the govt. by letter dated 09.11.05 specifically recommending the case of the petitioner for settlement, it being the highest bidder. in the comparative statement it was clearly indicated that the tender submitted by the private respondent was defective due to non submission of no dues certificate from the bank, yearly return from arcs and the certificate of income tax. according to the petitioner, the private respondent also did not submit the bakijai clearance certificate.20. the above aspect of the matter has not been denied by the private respondent by filing any.....

Shri Vilas V. Sanghai Vs. the State of Maharashtra

Court : Mumbai

Reported in : 2007(5)MhLj855

.....the code of criminal procedure read with article 227 of the constitution of india.14. the second writ petition is by co-accused dilip shinde and the facts and circumstances narrated therein are identical. 15. mr.shah appearing for the petitioner in writ petition no. 359 of 2003, submits that, the order passed by the learned special judge to the extent it permits reconsideration of the earlier order of sanction is ex-facie bad in law. he submits that the special judge had no jurisdiction to refer the matter back to the director general of police for re-consideration. once, the special judge had rejected the application which was preferred by the assistant commissioner of police, the consequences in law ought to have followed. the learned judge should have proceeded with the matter, if permissible in law, but could not direct reconsideration. in these circumstances, this court should exercise its inherent and supervisory powers and correct the apparent error and manifest illegality. mr.shah, submits that, sanction is a discretion of the sanctioning authority. the court cannot intervene at all in that behalf. it neither can grant sanction nor can issue directions to the sanctioning.....

Maharashtra State Road Transport Corporation, Nagpur Division, Through ...

Court : Mumbai

Reported in : 2007(4)ALLMR53; 2007(5)BomCR774

.....523/1994, passed by the industrial court only in relation to direction by the courts below to make payment of full back wages to the respondent. 3. facts : the respondent who was working as a conductor with petitioner . corporation was chargesheeted for misconducts under items 12 (b), 27 and 35-b of schedule 'a' to the discipline and appeal procedure. in the domestic enquiry it was held that charges were proved against him and consequently he was dismissed from service on 31.8.1989. the respondent challenged his dismissal from service by filing complaint (ulpn) no. 1003/1989 before the labour court at nagpur. the labour court initially by order dated 3.2.1993 held that the enquiry that was held against the respondent was not in accordance with the principles of natural justice, and therefore, same being not fair and proper, preliminary issue was decided in favour of respondent employee. finally, the labour court by impugned judgment and order dated 15.9.1994 held that the enquiry having been held to be contrary to the principles of natural justice, the dismissal order based on the basis of domestic enquiry was illegal. the labour court, therefore, directed reinstatement of the.....

Commissioner of Income-tax Vs. Nagesh Devidas Kulkarni

Court : Mumbai

Reported in : (2007)210CTR(Bom)471; [2007]291ITR407(Bom)

.....appeals give rise to a substantial question of law and accordingly we admit all these appeals on the following common question of law:whether on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the ex gratia payment received by the assessees on voluntary retirement is compensation received on termination of employment and, hence, the assessees are entitled to exemption under section 10(10c) as well as relief under section 89(1) of the income-tax act, 1961 ?3. by consent of counsel on both sides, all these appeals are taken up for final hearing.4. although the facts in all these cases are not in dispute, for the sake of convenience, we set out the facts in appeal no. 12 of 2007. counsel on both sides agree that the decision in appeal no. 12 of 2007 would apply to all other appeals.5. the respondent in appeal no. 12 of 2007--mr. nagesh kulkarni (hereinafter referred to as the 'assessee') was employed with the central bank of india. during the financial year relevant to the assessment year 2002-03, the assessee opted for voluntary retirement as per the voluntary retirement scheme issued by the bank. as the assessee fulfilled the.....

R. Raghu S/O. Sri Rajanna Vs. State of Karnataka by the Secretary to t ...

Court : Karnataka

Reported in : 2007(5)KarLJ458; 2007(4)AIRKarR341; AIR2007NOC1818

.....petition as well as the interlocutory applications contending that the writ petition filed is wholly misconceived and not maintainable in law and facts. the notice at annexure 'g' issued for the purpose of carrying out the survey no. 67 purchased by veda vignana mahavidya peetha in the court auction therefore the petitioner cannot challenge the said order. it is open to the petitioner to file objections before the authorities and without even filing objection he has approached this court which is not maintainable. moreover the petitioner is not an auction purchaser to file the above writ petition. therefore, he has no locus standi to file this writ petition. hence, the writ petition is liable to be dismissed on this ground at the threshold itself. notices were issued under the provisions of the karnataka land revenue act by a surveyor. when there is a remedy under said act the petitioner has no locus standi to file such a writ petition under articles 226 and 227 by invoking extra ordinary jurisdiction. on this count the writ petition, is liable to be dismissed. the survey is intended to earmark the boundaries of the land survey no. 67 which is on contiguous block along with.....

Gowtham Residential Junior College and ors. Vs. Commercial Tax Officer ...

Court : Andhra Pradesh

Reported in : 2007(4)ALD134; (2009)19VST305(AP)

.....decided in favour of revenue. therefore, these writ petitions and the revisions.4. the learned counsel for petitioners submit that as a matter of fact, the primary object of these educational institutions is to impart education to the students and education cannot be imparted to the students if arrangements for their food are not made by the petitioner-institutions and therefore, it is necessary to have hostels for providing food to the students. it is further submitted that the institutions are not engaged in any business activity within the meaning of the definition 'business' under section 2(1)(bbb) of the act, which reads as under--'business' includes,--(i) any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce, manufacture, adventure or concern is carried on or undertaken with a motive to make gain or profit and whether or not any gain or profit accrues therefrom; and(ii) any transaction in connection with or incidental or ancillary to such trade, commerce, manufacture, adventure or concern; and(iii) any transaction in connection with or incidental or ancillary to the commencement.....