Judgments - CIVIL MISC. ARBITRATION APPLICATION
M/S BENNET COLEMAN & CO.LTD. Vs. STATE OF BIHAR & ORS.
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment
RAMESH CHANDRA Vs. UNIVERSITY OF DELHI & ORS.
In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair. Full Judgment
M/S ANVIL CABLES PVT LTD Vs. COMMNR.OF CENTRAL TAXES & SERVICE TAX
-Looking at the peculiar facts of the case, in the interests of justice, we direct that upon payment of Rs. 25,000/- by way of costs to the sole respondent within two months from today, the impugned Judgment shall be set aside and Tax Appeal No. 3 of 2013 shall be restored to its original number and shall be heard on merits by the High Court. Full Judgment
M/S CONSTRUCTION & DESIGN SERVICES Vs. DELHI DEVT.AUTH
Once it is held that even in absence of specific evidence, the respondent could be held to have suffered loss on account of breach of contract, and it is entitled to compensation to the extent of loss suffered, it is for the appellant to show that stipulated damages are by way of penalty - The Full Judgment
KANDIVALI CO-OP. INDUSTRIAL ESTATE & ANR Vs. MUNICIPAL CORP. OF GREATER MUMBAI & ORS.
-Elaborating the distinction between the tax and a fee, this Court in number of decisions held that the element of compulsion or coercion is present in all impositions, though in different degrees and that it is not totally absent in fees. The compulsion lies in the fact that payment is enforceable by law against a man in spite of his unwillingness or want of consent Full Judgment
S.T. SADIQ Vs. STATE OF KERALA & ORS.
It is well-settled that if a statute requires an authority to exercise power, when such authority is satisfied that conditions exist for exercise of that power, the satisfaction has to be based on the existence of grounds mentioned in the statute. The grounds must be made out on the basis of the relevant material. If the existence of the conditions required for the exercise of the power is challenged, the courts Full Judgment
JITENDRA KHIMSHANKAR TRIVEDI & ORS. Vs. KASAM DAUD KUMBHAR & ORS.
Even assuming Jayvantiben Jitendra Trivedi was not self- employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker. It is hard to monetize the domestic work done by a house-mother. The services of the mother/wife is available 24 hours and her duties are never fixed. Courts have Full Judgment
INDIAN BANK Vs. MANILAL GOVINDJI KHONA
The issue raised by the respondent in the present case strikes at the very authority of the High Court in permitting the Court Receiver by its order dated 3.12.1999 to auction the mortgaged property of the respondent in public auction pursuant to the decree passed by the High Court in favour of the appellant-Bank. The above said important aspect of the case Full Judgment