.....at any time before all the seats in a particular course are filled and seek consideration against such a seat, on the ground that due to certain facts and circumstances, he/she was unable to apply to the university for admission to the court of his/her choice. the court has to keep in mind that if the seats available in the university are not filled in the first counseling, the persons who have applied to the university and are awaiting participation in the counseling, have a legitimate right and expectation to be considered for admission against such unfilled seats. similarly, if certain seats remain available even after the second counseling, it is only the wait listed applicants who have already applied to the university for admission, who have a legitimate right to seek admission against such seats. even if some seat falls vacant after the counseling is over, that can be filled only by admitting a wait-listed candidate in the order of merit of the wait-listed applicants. such a seat cannot be filled by admitting a person who never applied to the university for admission to the course. in any case, i find no reasonable ground for the petitioner not applying to the.....
Tag this Judgment! Ask ChatGPT.....assessment years 1993-94 and 1994-95. ita no.1248/2010, which relates to the assessment year 1993-94, has been taken to be the lead matter and the facts of that case would be considered. the other appeal, ita no.614/2011 is on virtually identical lines.2. by virtue of an order dated 06.09.2011, a division bench of this court, while admitting the said appeals, framed the following substantial question of law:whether in the facts and circumstances of the case, the tribunal was justified in holding that service charges received from the heavy water board of department of atomic energy could not be considered as profit derived from the industrial undertaking to qualify for deduction under section 80-i of the act 3. the service charges, which have been received by the appellant (kribhco) was in respect of kribhco operating and maintaining the heavy water plant, also known as the hazira ammonia extension plant (haep), owned by the heavy water board, department of atomic energy, government of india. the issue is whether these service charges can be regarded as profits and gains of kribhco derived from an industrial undertaking and, consequently, whether kribhco would be entitled to.....
Tag this Judgment! Ask ChatGPT.....order dated 15.5.2013, made available by the learned counsel for the petitioners. however, i am unable to find from this copy as to what were the facts of the said case and what were the issues which arose for consideration in that case. in fact, a perusal of the copy made available by the learned counsel for the petitioners does not even indicate that university of delhi was a party to the said petition. in the absence of necessary particulars, no reliance upon the said judgment can be placed by the petitioners.8. as noted earlier, university of delhi is an autonomous body. being an independent body, the university is entitled to take its own decision in matters which awards it would as the eligible gallantry awards for the purpose of giving reservation/ preference in admission to various courses, including b.e. course. in the absence of any statutory obligation, the recommendations made by government of india would not bind the university, which can take its own view in the matter, different from the view taken by the government. no legal infirmity in the decision of the university not to give benefit of reservation in defence category to those, whose parents are in receipt.....
Tag this Judgment! Ask ChatGPT.....appellant at the material time. it is contended on behalf of the appellant that the charges involved are grave and involve complicated questions of fact and law. whilst examination of witnesses in the criminal case is likely to take some time, the departmental proceedings have commenced. it is urged on behalf of the appellant that participation of the appellant in the departmental proceedings would seriously prejudice the appellant in the criminal trial. the counsel for the appellant has relied upon a decision of the supreme court in the case of captain m. paul anthony v. bharat gold mines ltd: air 199.sc 141.in support of his contention that in cases where departmental proceedings and criminal proceedings arise out of the same alleged set of facts, the departmental proceedings should be stayed in order that the defence of the accused is not prejudiced in the criminal trial.5. we have heard the learned counsel for the appellant.6. the question whether disciplinary proceedings can be allowed to proceed in cases where a criminal trial based on similar allegations is pending has come up before the courts on various occasions. in the case of delhi cloth and general mills ltd. v......
Tag this Judgment! Ask ChatGPT.....court in the case of shaw wallace and co. ltd. v. union of india: (2003) 262 itr 52.(cal.) also expressed a similar view and held as under: in the facts and circumstances of the case whether the decree had been put to execution by vcvl or not is immaterial. if the decree is offered, the tax recovery officer is free to proceed upon it under section 226(3) of the act. but by reason of clause (vi) thereof the judgment debtor/garnishee has a right to object. as soon as objected, to the tax recovery officer cannot proceed to recover until discovery of falsity of the objection. if the executability of the decree is challenged, the tax recovery officer cannot assume jurisdiction to decide a dispute between the garnishee and the assessee. he cannot usurp the jurisdiction of the executing court. the jurisdiction of the tax recovery officer is confined within the dispute between the assessee and the income tax authority. he cannot assume jurisdiction in respect of any dispute between the assessee and the garnishee nor can he embark upon an exercise to determine any such dispute unless it appears to be false on the face of it. as soon there appears to be a dispute prima facie, the.....
Tag this Judgment! Ask ChatGPT.....road by owners of house no. 152 to 156 of gagan vihar extension. in these circumstances, the commission directed the deputy commissioner to expedite action on the request of pwd for demarcation of the right of way. vide order dated 19.06.2013, the commission advised sdm, preet vihar to initiate action for demarcation as had been requested by pwd, particularly on the stretch in front of house nos. 152 to 156 of gagan vihar extension. being aggrieved from the aforesaid direction by the commission, the petitioner is before this court.3. during the course of hearing, i asked the petitioner as to how he had come into possession of the land on which house no. 156, gagan vihar extension has been constructed. the reply given by the petitioner was that he inherited the said house from his father. when he was asked as to how his father had acquired the aforesaid land, the petitioner stated that the land in question came to his father by way of a series of transactions evidenced through execution of documents such as power of attorney and agreement to sell. since the petitioner has not filed nay document at all to indicate that he or his father owned the land underneath house no. 156, gagan.....
Tag this Judgment! Ask ChatGPT.....of section 15 of the ncte act, once permission has been granted under section 14, the university is bound to grant affiliation in terms of the act, rules and statutes. section 83 requires the university to grant affiliation only after permission is granted under section 82 of the maharashtra university act. to that extent the provisions of section 82 and 83 are inconsistent with the provisions of ncte act and are null and void. (emphasis supplied) 7. section 14 of ncte act, to the extent it is relevant, reads as under:14 (1) every institution offering or intending to offer a course or training in teacher education on or after the appointed day may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations. (6) every examining body shall, on receipt of the order under sub-section (4),-(a) grant affiliation to the institution, where recognition has been granted; or (b) cancel the affiliation of the institution, where recognition has been refused. it would thus be seen that as far as b.ed. courses are concerned, if recognition in terms of section 14 of the act is granted.....
Tag this Judgment! Ask ChatGPT.....to the union and the states will also apply to all instrumentalities of the state governed by article 12 of the constitution.5. since in the present case, there are no averments made by the petitioners of vacancies existing in existing sanctioned posts, the issue in the present case is squarely covered by the judgment of the constitution bench of the supreme court in the case secretary, state of karnataka & ors vs. umadevi & ors (supra). the respondent no. 1 in fact categorically has stated that petitioners were only temporary or contractual employees till the continuation of plan/scheme/project, and therefore, there is no question of regularization.6. in view of the ratio laid down in umadevis case (supra), petitioners cannot be regularized. the writ petition is, therefore, dismissed, leaving the parties to bear their own costs. valmiki j.mehta, j july 24 2013 godara
Tag this Judgment! Ask ChatGPT.....for a second retiral benefit. hence there is no question of penalty being imposed on such employees as alleged. the pension scheme only provides for an avenue for investment to retirees. they are provided avenue to put in their savings and as a term or condition which is more in the nature of an eligibility criteria the scheme disentitles such category of employees out of it.5. in view of the facts that petitioner has resigned from service, petitioner cannot claim and is not entitled to any pension in view of the ratio of the supreme court in the case of m.r.prabhakar (supra). it be noted that the judgment in the case of m.r.prabhakar (supra) was passed where the employer was a bank like the employer-respondent in the present case and the service regulations are also identical to the present case.6. in view of the above, the writ petition is dismissed, leaving the parties to bear their own costs. july 24 2013 ib w.p. (c) no. 2555/2012
Tag this Judgment! Ask ChatGPT.....in stock has to be based on material found during the course of search or post search enquiries or any other positive material pointing to the factum of investment in stock, the following case law are relied upon: ashok kumar rastogi vs. gotan lal khanji udyog cit 10.ctr 20.(all) cit vs. bal chand ajit kumar 263 itr 61.(m.p.) cit vs. president industria 258 itr 65.(guj.) s.m. tomar 201 itr 60.ito vs. gurbachansingh juneja 54 ttj (ahm.) t.m.p. no. 1 in these circumstances the addition made by the ao is deleted. it is clear from the order of the cit (appeals) that he referred to the explanation of the assessee and the stand of the revenue and thereafter observed that the addition was a guess work or surmises and there should have been positive material to show that there was in fact investment in stocks. explanation of the assessee that there was no necessity to make separate investment for unaccounted sales should be accepted.8. tribunal in the impugned order has recorded the contention of the departmental representative that the gross profit in unaccounted business was always more than profits in the regular business recorded in the books of account. revenue had submitted.....
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