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Oct 20 2010 (TRI)

Manuel K.A, Vs. the Union of India, Represented by the Secretary to Go ...

Court : Central Administrative Tribunal CAT Ernakulam

.....kumar, a senior accountant has been suspended, which also caused for an agitation and an agitation at the organizational level and as a matter of fact, the proposal to outsource the work of one rank one pension scheme has been dropped and thereafter the accountant general was keeping animosity against the applicant as he being one of the members of the association of the employees who caused the agitation against the proposal of the accountant general. with the said animosity the accountant general was keeping towards the applicant and such other employees foisted certain cases against them and the personal group d peon of the accountant general, praveen was made a tool to grind the axe against the applicant and thereby created a complaint as if received from the said praveen and issued the memos dated 21.3.2007, a copy of which was produced and marked as annexure a1, a memo dated 16.4.2007 and the charge memo dated 30.7.2007. to the above memos the applicant had given his replies. but the respondents proceeded with an enquiry on the basis of the charge memo dated 30.7.2007. the alleged enquiry has been conducted without following the procedure prescribed under rule 14 of the.....

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Oct 20 2010 (TRI)

P.M. Haneefa and Another Vs. the Chairman and Managing Director Bharat ...

Court : Central Administrative Tribunal CAT Ernakulam

.....the casual labourers working in the department including those who have been granted temporary status with effect from 1.10.2000 in the following order: (1) all casual labourers who have been granted temporary status upto the issuance oforder no. 269- 4/93-stn ii dated 12.2.99 circulated vide letter no.269-13/99-stn ii dated 12.2.99 and further vide letter no. 269-13/99-stn ii dated 9.6.2000 (2) all full time casual labourers as indicated in the annexure (3) all part time casual labourers who were working for four or more hours per day and converted into full time casual labourers vide letter no.269- 13/99/stn ii dated 16.9.99 (4) all part time casual labourers who were working for less than four hours per day and were converted with full time casual labourers vide letter no. 269-13/99/stn ii dated 25.8.2000 (5) all ayas and supervisors converted into full time casual laboures as per ordeer no.269- 13/99/stn ii dated 29.9.2000 the number of casual labourers to be regularised in categories (2) to (5) above is given in the annexure enclosed. the figures given in the annexure are based on information received from circles. the casual lablourers indicated from (1) to (5) above are.....

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Oct 20 2010 (TRI)

P. Karunakaran and Others Vs. Bharat Sanchar Nigam Limited and Others

Court : Central Administrative Tribunal CAT Ernakulam

.....grievance is left, it will be considered on filing their option as per the letter dated 20.08.2010. further it is to be noted that options were already called and it will continue in the erstwhile time bound promotion scheme and if so, we are of the view that if any employee, if aggrieved by the implementation of non executive promotion policy, may give their option and on giving such options their individual cases will be considered by the department. if so, the present oa does not contain any grounds to interfere with any of the orders passed by the department. accordingly, with the observation made above, oa stands dismissed with no order as to costs. ordered accordingly.

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Oct 20 2010 (TRI)

V. Vinod Kumar Vs. Bharat Sanchar Nigam Limited (Bsnl) and Others

Court : Central Administrative Tribunal CAT Ernakulam

.....condition of the applicants was assessed after thorough investigation. the finding of the circle high power committee is absolutely based on the facts and circumstances of the case and according to the scheme. 6. arguments were heard and documents perused. 7. the short question to be decided in these o.as is whether the applicants are eligible for reconsideration of their claim for appointment on compassionate ground as prayed for. both the applicants have been considered under the new policy guidelines which came into force on 27.06.2007. the death of the father of the applicant in o.a. no. 482/10 and that of the father of the applicant in o.a. no. 485/10 occurred on 15.05.2006 and 10.03.2007 respectively, well before the new policy guidelines came into existence. the law on the subject is laid down by hon'ble apex court in the case of sbi v. jaspal kaur,(2007) 2 scc (lands) 578, wherein the apex court held as under:- "26. finally in the fact situation of this case, shri sukhbir inder singh (late), record assistant (cash and accounts) on 1-8-1999, in the dhab wasti ram, amritsar branch, passed away. the respondent, widow of shri sukhbir inder singh applied for compassionate.....

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Oct 20 2010 (TRI)

M/S. Shree Nidhi Secure Print Pvt. Ltd Vs. Cc, Chennai

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

.....the ld. advocate does not appear to be acceptable. the machine under import does not work as an adp machine carrying out the function of data processing but merely incorporates an in-built system for controlling and operating the machine itself. it infact works being connected to a separate adp machine and in conjunction with the adp machine as per the concurrent findings of both the authorities below. therefore, the impugned goods cannot either be classified as an adp machine or as a part thereof, in view of chapter notes 5 (e) and 5 (b). consequently, the impugned goods require to be classified under the residual heading 84.79, there being no other separate appropriate heading available to cover the same. 5. we thus find that the authorities below have examined the issue of classification of the impugned goods in detail, with reference to the technical literature available, and the applicable chapter notes. the classification of the impugned goods ordered under residual sub-heading 8479.89, therefore, does not require any interference. consequently, the appeal is dismissed.

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Oct 20 2010 (TRI)

Sanjay Shah Vs. Commissioner of Customs (P), Mumbai

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

.....commissioner held the export goods liable to confiscation as alleged in the show-cause notice. 3. the show-cause notice further alleged that the manufacturers of the above goods exported by m/s. asd international had availed input-stage credit under rule 57a of the central excise rules, 1944 and, therefore, the benefit of notification no.203/92-cus. dated 19.5.1992 was not admissible to any raw material imported under the advance licences. it was further alleged that the imported materials had not been utilised for the discharge of export obligation under the advance licences. on this basis, the imported goods were alleged to be liable to confiscation under section 111 of the customs act. the commissioner held these goods also liable to confiscation. 4. the show-cause notice also alleged that both the advance licences had been cancelled ab initio by the licensing authority and, therefore, duty of customs was liable to be recovered on the raw materials imported under the said licences and these materials were liable to confiscation. on this basis, the show-cause notice demanded duty under section 28(1) of the customs act from m/s. mohan industries (proprietor: shri sanjay shah).....

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Oct 20 2010 (TRI)

Tecumseh Products India Ltd. and Others Vs. Commissioner of Customs (i ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

.....were made during a period when the item imported was restricted and required specific licence for importation. the goods so imported would attract section 111(d) of the customs act, as rightly found by the original authority. however, we also note that both prior to and after the period of imports, the item has always been freely importable. we also note that the original authority found the appellants to be actual users of the goods imported by them. nevertheless, the learned commissioner (appeals) found high mop values. we don’t know from where the learned commissioner (appeals) got the data inasmuch as we have not found any reference to mop even in the order of review. the aforesaid circumstances prevailed with the original authority in refraining from imposing a penalty under section 112 of the act and also in determining reasonable amounts of fine in lieu of confiscation. we have not found any good ground to interfere with the decision of the original authority. the learned commissioner (appeals) ought not to have interfered with the orders of adjudication. 3. we set aside the impugned order in so far as the present appellants are concerned and consequently the.....

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Oct 20 2010 (TRI)

Commissioner of Customs (Ep), Mumbai Vs. Pan Asia Industries Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

.....by the assistant commissioner who advised the applicant to get the amount recredited in the deec book. aggrieved by the assistant commissioner s order, the respondent preferred an appeal to the commissioner (appeals). the appellate authority set aside the assistant commissioner s order and allowed the party s appeal. today, there is no representation for the party (respondent) despite notice, nor any request for adjournment. the learned jdr represents the appellant (revenue). 2.after examining the records and considering the submissions of the learned jdr, we have not found any reason to interfere with the appellate commissioner s decision. no offence was involved, nor found, in the import of the goods by the respondent. it was a lawful import under the deec scheme and, upon assessment, the duty amount was debited in the deec book and clearance allowed. meanwhile, the goods happened to be disposed of by the port trust authorities, for which there was no fault on the part of the importer. there was no question of payment of duty of customs on the goods once again. therefore, whatever amount was transferred by the port trust out of the sale proceeds of the goods to the customs.....

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Oct 20 2010 (TRI)

United India Insurance Company Ltd., Ponkunnam Branch, R/by Dr. Mohan ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

.....the appellant cited a decision vikram greentech(i) ltd. vs. new india assurance company ltd., air (2009) sc 2493. this decision did not discuss the facts and circumstances of this case. nobody disagree that the forum or commission is not having any authority to re-write the condition of the policy. but in this case the points discussed by the forum below are not a question of interpretation or re-writing the conditions of the policy. here the primary point is that the survey report and surveyors evidence is not irrelevant and hence non acceptable. the appellant/opposite party failed to establish that this accident incidentally and then damages is excluded as per the insurance policy issued by them. it is the bounden duty of the appellant/opposite party to give proper evidence to support their case. without proper evidence the defense has taken by the appellant/opposite party is a falsity of evidence, it helps the case of the complainant. he also noted that the surveyor was examined as dw1 by the forum below. but it was not mentioned in the annexure of the judgment and forum below marked ext.b1 survey report but discussed with as ext.c1. the forum reminds that after the.....

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Oct 20 2010 (FN)

Radmacher (Formerly Granatino) (Respondent) Vs. Granatino (Appellant)

Court : UK Supreme Court

.....and expense that are involved in disputes about ancillary relief, which are increased by the uncertainty of the outcome. in order to address the facts of this particular case it will be necessary, in due course, to set these out in a little detail. at this stage we propose to give a summary that will provide a context for the consideration of the relevant principles that will follow. the appellant ("the husband") is a french national. the respondent ("the wife") is a german national. they signed the ante-nuptial agreement in germany on 1 august 1998. the husband was then aged 27 and the wife 29. they were married in london on 28 november 1998. they had two children, chiara, born on 4 september 1999 and chloe, born on 25 may 2002. in october 2006, after 8 years of marriage, they separated. the wife petitioned for divorce in the principal registry of the family division that same month. the husband cross-petitioned in november. they agreed to proceed undefended on cross decrees and were divorced in july 2007. meanwhile, the wife had applied for permission to take the girls to live in germany. in september 2007, his honour judge collins granted that application but made a.....

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