Reported in : [2007(2)JCR76(Jhr)]
.....admittedly the settlement was made in favour of the petitioners. before cancelling the same they were not given any opportunity to show cause. in the circumstances, it has to be held that the said action of cancellation of settlements made in favour of the petitioners was arbitrary.5. however, as the period of said settlement expired on 31.3.2006, the only order which can be passed in this writ petition now is, for compensating the petitioners.6. in the facts and circumstances of the case and in order to put an end to this litigation, i direct the respondents that the deposits made by the petitioners against the settlement should be returned to them along with a lump sum compensation of rs. 15,000/- each within four weeks from the date of receipt/production of a copy of this order.with these observations and directions, this writ petition is disposed of.
Tag this Judgment! Ask ChatGPTReported in : 2008ACJ1347; 103(2007)CLT316
.....in absence of the particulars of any insurance policy it was not able to trace out the policy of the vehicle and so they did not completely deny the fact of insurance of the offending vehicle with them. on the basis of such observation the compensation has been saddled on the appellant.3. after going through the impugned award, on the ratio of the decisions of the supreme court supra this court finds that in absence of the insurance policy or its number it was not possible for the appellant-insurance company to either deny or admit its liability to pay the compensation. in consonance with the motor vehicles act, the liability to pay compensation is of the owner and only by virtue of an insurance policy, the insurer is liable to reimburse and/or pay the compensation on behalf of the owner. in view of the aforesaid position of law it was the responsibility of the owner of the offending vehicle to prove that the vehicle had been insured and the insurance policy was valid on the date of the accident. in absence of such materials it was not justified to direct the appellant to pay the compensation amount. in view such infirmity in the impugned award, this court has no hesitation to.....
Tag this Judgment! Ask ChatGPTReported in : (2007)211CTR(P& H)598; [2007]291ITR96(P& H)
.....tribunal'), arising out of the order passed in i.t.a. nos. 609 to 613/asr/84 in respect of the assessment years 1977-78 to 1981-82:whether, on the facts and in the circumstances of the case, the mistake occurred was not covered by the provisions of section 292b of the act and it could be held that the assessing authority had not filed the grounds of appeal as required under the provisions of section 253 of the act as well as under form no. 36, column no. 14 2. the facts as noticed in the statement of case are that the revenue being aggrieved against the order passed by the commissioner of income-tax (appeals) (for short 'the cit (appeals)') preferred appeals before the tribunal. the appeals came to be dismissed by the tribunal on a preliminary objection raised by the assessee that the revenue had not furnished the grounds as required by column no. 14 of form no. 36.3. from the facts on record, we find that form no. 36 was duly signed and verified by the inspecting assistant commissioner while in column no. 14, it was mentioned that the relief being claimed in the appeal is as per the grounds of appeal. this was accompanied by photocopies of the grounds of appeal signed by the.....
Tag this Judgment! Ask ChatGPTReported in : [2008]303ITR205(P& H)
.....out of its order dated april 29, 1988, passed in i.t.a. nos. 632 and 633 of 1985, in respect of the assessment year 1978-79:1. whether, on the facts and in the circumstances of the case, the tribunal erred in law in holding that the estimate filed by the assessee on march 15, 1978, of the total income and the advance tax payable could not be taken cognizance of and as such was not in accordance with the result penalty under section 273(2)(c) was leviable upon the assessee?2. the facts, as recorded in the statement of the case, are as under:in both the cases, the income-tax officer demand advance tax under section 156 read with section 210 of the act payable during the financial year 1977-78 relevant to the assessment year 1978-79. by virtue of the provisions of section 211(1)(ii), the advance tax was payable in three equal instalments on september 15, december 15, 1977, and march 15, 1978. section 212(3a) provides that in the case of any assessee who is required to pay advance tax by an order under section 210, if, by reasons of the current income being likely to be greater than the income on which the advance tax payable by him under section 210 has been computed or for.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007SC861; 2007(1)ALLMR(SC)944; 2007(1)AWC689(SC); [2007(2)JCR148(SC)]; JT2007(2)SC292; 2007(1)KLT623(SC); (2007)3MLJ423(SC); 2007(1)SCALE197; (2007)2SCC1; 2007AIRSCW611; 2007(3)CivilLJ589; 2007(1)LawHerald(SC)480; 2007(2)KCCRSN44(SC)
.....schedule and, if so, what is its effect on the power of judicial review of the court.development of the law5. first, we may consider, in brief, the factual background of framing of the constitution and notice the developments that have taken place almost since inception in regard to interpretation of some of articles of the constitution. the constitution was framed after an in depth study of manifold challenges and problems including that of poverty, illiteracy, long years of deprivation, inequalities based on caste, creed, sex and religion. the independence struggle and intellectual debates in the constituent assembly show the value and importance of freedoms and rights guaranteed by part iii and state's welfare obligations in part-iv. the constitutions of various countries including that of united states of america and canada were examined and after extensive deliberations and discussions the constitution was framed. the fundamental rights chapter was incorporated providing in detail the positive and negative rights. it provided for the protection of various rights and freedoms. for enforcement of these rights, unlike constitutions of most of the other countries, the supreme.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007SC2230; [2007(112)FLR847]; JT2007(2)SC458; 2007(2)SCALE138; (2007)2SCC513; 2007AIRSCW3901; 2007ILLJ773(SC)
.....yield to the cold logic of law, however, hard the case may be. hence all writ petitions were dismissed. 2. it would be necessary to recapitulate the facts giving rise to these appeals because this is second and third innings of the matter, which has come up before this court. earlier the matter came up before this court wherein the question arose was whether section 25-n of the industrial disputes act, 1947 (hereinafter referred to as the act) was complied with or not, this court held that section 25-n was not complied with. hence, this court disposed of the petitions holding that section 25-n was not complied, therefore, termination of all workmen was bad and remitted the matter [mohammad v. indian railway construction co. ltd. reported in : (1999)illj317sc ] back to the high court with following directions:28. in view of the aforesaid discussion and in the light of our finding that chapter v-b applies to the respondents' anpara-rihand project, in the remanded proceedings in the restored writ petitions of the present 25 appellants, the following questions would squarely arise for consideration of the high court:(i) whether the anpara-rihand nagar project is subjected to a.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007SC1167; [2007(113)FLR323]; 2007(2)SCALE312; (2007)2SCC216
.....occasion for the court to condone the delay, even otherwise the court finds that the judgment of the hon'ble judge in the writ petition is based on facts and further on the circumstances that h.k. lal had filed a suit and had obtained a declaration. in the circumstances, the hon'ble judge, held that the secretary, u.p. high school and intermediate education, allahabad, was obliged to get the date of birth of the petitioner changed. this court has no reason to take a different view than taken by the hon'ble judge in writ petition no. 33278 of 1998.4. from the records it is borne out that the question as to whether the respondent has a legal right to alter his date of birth recorded in the certificate granted by the board was pending consideration before the appellate court the writ petition filed by the respondent should, therefore, not have been entertained particularly in view of the feet that the appeal there against was pending, writ jurisdiction is discretionary jurisdiction and should not ordinarily be exercised if there is an alternative remedy.5. learned counsel appearing on behalf of the appellant has addressed us on merit of the matter urging that the horoscope cannot.....
Tag this Judgment! Ask ChatGPTReported in : 2007ACJ782; 2007CriLJ1451; 2007(2)SCALE108; (2007)3SCC474; 2007AIRSCW988; AIR2007SC1064; (2007)2SCC(Cri)84; (2007)2Crimes51(SC); 2007ACJ-II-782; 2007LawHerald(SC)372; ILR2007(2)Kar1799; 2007(2)KarLJ158(SC).
.....because the vehicle capsized because of mechanical failure. the high court did not find any substance and dismissed the revision petition.3. the factual position in a nutshell is as follows:on 23.7.1996 at about 11 a.m. the revision petitioner/accused being the driver of a lorry bearing no. k.l. 13-4363, was proceeding on hassan-arsikere road, near sankenahalli gate and drove the same in a rash and negligent manner and dashed against a tree, which was by the side of the road and caused death of shivanna, bililyamma, basheer and caused bleeding injuries to c.ws. 3 to 5, who were travelling in the said lorry sitting in the cabin. two of them died at the spot and the third person died on the way to the hospital. c.ws. 3 to 5 sustained grievous injuries. therefore, the accused was charge-sheeted for offences punishable under sections 279, 337 and 304a of ipc. the trial court took congnizance of the offence and registered the case. the prosecution in order to prove the guilt of the accused examined 10 witnesses as pws 1 to 10 on its behalf and closed its side. the accused denied the incriminating evidence, which was appearing against him, but he did not choose to examine any.....
Tag this Judgment! Ask ChatGPTReported in : 2008(1)ALD124(SC); 2007(2)AWC1377(SC); 2007(3)CTC691; (2007)2MLJ657(SC); 2007(2)SCALE309; (2007)3SCC114
.....is for the plaintiff to establish his title over the suit property. even though the judgment and decree of the first appellate court being based on facts, cannot be interfered with in this second appeal, the first appellate court has not considered the evidence adduced in coining to such conclusion and this has necessitated this court to interfere with the finding of the first appellate court in the second appeal. 5. learned counsel appearing on behalf of the appellant inter- alia submitted that the purported substantial question of law formulated by the high court was mis-conceived inasmuch as in terms of article 61 and 65 of the limitation act, 1963, the burden of proof to establish that they had perfected their title by remaining in possession would be on the defendants. we see force in the submissions of the learned counsel.6. the change in the position in law as regards the burden of proof as was obtaining in the limitation act 1908 vis-a-vis limitation act, 1963 is evident whereas in terms of article 142 and 144 of the old limitation act, the plaintiff was bound to prove ms title as also possession within twelve years preceding the dale of institution of the suit under the.....
Tag this Judgment! Ask ChatGPTReported in : 136(2007)DLT703; 2007(94)DRJ184
.....after purchasing the land, a building was constructed thereupon and the business of sale and purchase of oil seeds, running of an oil mill and manufacturing and processing of pickles, jams and chuttney etc. was being carried out from the said premises. the petitioners had obtained a license for carrying on the business and on 28.10.1961, a notice under section 343 of the dmc act, 1952 for demolition of the structure raised was served upon the petitioners but the construction was never demolished where after notification has been issued for acquisition of the land in village nangloi jat including the land in question. on 7th december, 1962, the land acquisition collector is stated to have announced an award being award no. 1440 of village nangloi jat, delhi whereby the land was acquired for the purposes of remodeling of nangloi drain, delhi. number of other awards were also made in relation to acquisition of land in the same village. in the representation as well as in the present petition, it was pleaded by the petitioners that the passage to the cremation ground and development of maharaj surajmal stadium was completed long back and no purpose would be served by acquiring or.....
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