CONSULTING ENGINEERING SERVICES (INDIA) PVT. LTD.Vs.THE CHAIRMAN, ESI CORPORATION & ORS (DELHI HIGH COURT) -The present appeal filed under Section 82 of the Employees‟ State Insurance Act, 1948 is directed against the judgment and order FAO 124/2002 15.02.2002 passed by the learned Senior Civil Judge, ESI Court, Delhi in ESI Petition No.19/99, whereby it was held that the appellant is covered by the Employees State Insurance Act, 1948 (hereinafter referred to as “the Act”) and is not entitled to the relief claimed by it in the petition filed under Section 75 of the Act.
The Bombay High Court in Road Transport Corpn Vs. Kirloskar Bros Ltd (AIR 1981 Bom 299) has said that it is for the carrier to plead and prove that the print on the receipt was brought to the notice of the consignor and that he had agreed to and accepted the same. The Court held that it is necessary that serious terms of a contract must be specifically brought to the notice of the parties whose rights are sought to be curtailed. In Oriental Fire and General Ins Co Vs. New Suraj Transport Co (AIR 1985 All 136) the consignment note was not even signed by the booking party or his agent, the Allahabad High Court held that the consignor was not bound by a printed term about the exclusive jurisdiction. THE COURT SAID THAT SOMETHING MORE MUST BE DONE THAN MERELY PRINTING THE TERMS ON CONSIGNMENT DOCUMENTS.
A division bench of Delhi High Court in J B Exports Ltd and another vs. BSES Rajdhani Power Ltd (2006 134 Comp cas 106 Del. decided on 3.3.2006) observed that the concept that a company is a distinct legal entity apart from its shareholders, vide Salomon vs. Salomon & Co. (1897 AC 22 HL) had a historical purpose. Its main purpose was to encourage entrepreneurs to start new business ventures and, thus, help in the process of industrialisation.” This background is so important that it merits consideration in detail as follows.
Online Journal Released by ICAI for the month of May 2011. icai -e journal may 2011
In line with international practice, the RBI on Tuesday decided to anchor monetary policy through a single short term lending rate known as repo rate. Unlike in the past, the rate at which the RBI borrows from banks (reverse-repo) will be the benchmarked 100 basis points below the repo rates.
Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its meeting held on April 20, 2011, Government has approved 21 Proposals of Foreign Direct Investment amounting to Rs. 1027.20 crore approximately. Following 21 (Twenty one) proposals have been approved.
Haryana Excise and Taxation Department has collected a revenue of Rs 16,068.81 crore during the financial year 2010-11. The revenue during the previous fiscal was 24.54 per cent more as compared to 2009-10, Haryana’s Excise and Taxation Minister Kiran Choudhry said, while presiding over a meeting to review the functioning of the Department here.
The RBI today tightened the provisioning requirement for banks on certain types of bad and restructured loans as part of its prudential provisioning framework. Banks’ bad loans are classified into three categories — sub-standard, doubtful and loss. The advances classified as ‘sub-standard’ will now attract a provision of 15 per cent as against the existing 10 per cent, the apex bank said in its monetary policy statement for FY12 here.
The Reserve Bank has capped interest rates charged by micro finance institutions from small borrowers at 26 per cent, but opened for MFIs the bank credit line which was curtailed following the crisis faced by the sector in October, 2010.
Home, auto and corporate loans are likely to cost more, with the Reserve Bank raising key policy rates by half a percentage point, bankers said today. I think banks do not have any other option but to increase rates. It could be 25 basis points or 50 basis points, depending on individual banks, IDBI Bank Executive Director R K Bansal told PTI.
