Court : Supreme Court of India
..... in the light of aforesaid submissions and the entire facts and circumstances relating to this dispute between family belonging to four brothers, we are required to decide whether the award under the act which is yet to be made a rule of the court deserves implementation or preference needs to be given to the settlements finalized by the judgment of bombay high court and the family settlements of 1994 and ..... we have already referred to judgments highlighting the significance of family arrangement under hindu law and in light of such judgments and considering the scheme of the act and provisions of code of civil procedure we are satisfied that family arrangements made before the rajasthan high court in 1994 before the company judge and in 1995 before the division bench ..... act as per those arrangements within three months, the aggrieved party will be free to initiate appropriate proceedings including those of contempt before the concerned high court or seek execution of the agreements through other appropriate proceedings ..... if parties settle their disputes amicably by an agreement, even post-award, such settlement/agreement will prevail in view of requirement of the act that an award will acquire the status of a decree only when it is made a rule of the court after rejection of all ..... civil appeal no.3687 of 2006 is allowed to the aforesaid extent ..... and order dated 26.8.2003 dismissing the review petition are under challenge at the instance of rajni sanghi in civil appeal no.3687 of 2006. .....
Tag this Judgment!Court : Supreme Court of India
..... india; or by a hundred per cent export-oriented undertaking and brought to any other place in india, shall be an amount equal to the aggregate of the duties of customs which would be leviable under the customs act, 1962 (52 of 1962) or any other law for the time being in force, on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by ..... of 1944), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the finished products, rejects and waste or scrap specified in the schedule to the central excise tariff act, 1985 (5 of 1986) and produced or manufactured, in a hundred per cent export-oriented undertaking or a free trade zone wholly from the raw materials produced or manufactured in india, and allowed to be sold ..... appropriate interest on the above amount confirmed under section 11ab(1) of the central excise act ..... the appeal by the assessee was also dismissed by an order dated 26.9.2006 passed by the commissioner (appeals) upholding the show cause notice and stating that section 3 (1) proviso (ii) of the central excise act would apply to the facts of the case and that being so, it is clear that the basis for valuation had to be on the fob value of export of similar goods and not on the basis ..... the order in original dated 31.5.2006 passed by the additional commissioner upheld the show cause notice and confirmed the duty amount, interest, and penalty as follows:- .....
Tag this Judgment!Court : Supreme Court of India
..... any excisable goods for which a tariff value has been fixed under sub-section (2) of section 3.3) for the purpose of this section,- a) assessee means the person who is liable to pay the duty of excise under this act and includes his agent; b) person shall be deemed to be related if i) they are inter-connected undertakings; ii) they are relatives; iii) amongst them the buyer is a relative and a distributor of the assessee ..... the buyer s place or the place of delivery should be treated as the place of removal of the goods for the purpose of section 4 of the central excise act, and this being so, the necessary consequence would be that the freight charges paid by the buyers to ispat ought to be included in the excise duty payable by ..... . in this clause i) inter-connected undertakings shall have the meaning assigned to it in clause (g) of section 2 of the monopolies and restrictive trade practices act, 1969 (64 of 1969); and ii) relative shall have the meaning assigned to it in clause (41) of section 2 of the companies act, 1956 (1 of 1956); c) place of removal means i) a factory or any other place or premises of production or manufacture of the excisable goods; ii) a warehouse or any other place or premises wherein the excisable goods ..... of appropriate interest from them under section 11ab of the central excise act, 1944 ..... on appeal by the respondents herein, cestat, by its judgment dated 24.7.2006, reversed the order of the commissioner holding that, on the facts of the case, this court s .....
Tag this Judgment!Court : Supreme Court of India
..... the division bench therefore rejected his contention and held that he was appropriately placed in the pnb as a scale-iii officer. ..... he was to be fitted in the appropriate post which he was holding earlier which was not done. ..... this appeal is directed against the judgment and order dated 24th july, 2006 passed by the division bench of the high court at calcutta in fma no.388 of 2001.2. ..... (ii)the disciplinary authority who issued the charge-sheet was nor properly authorized to act as such under the service rules. ..... on this basis, the division bench dismissed gambhir s appeal by the impugned judgment and order dated 24th july, 2006. ..... feeling aggrieved by the decision rendered by the learned single judge, gambhir preferred an appeal before the division bench but that was dismissed by the impugned judgment and order dated 24th july, 2006.16. .....
Tag this Judgment!Court : Supreme Court of India
..... or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no court shall stay ..... whereby the high court has, while reversing an order of acquittal passed by the trial court, convicted the appellant under sections 7 and 13 read with section 13(2) of the prevention of corruption act, 1988 and sentenced him to undergo imprisonment for a period of six months under section 7 and a period of one year under section 13 besides fine and sentence of imprisonment in default of payment of ..... since the validity of the sanction order was not questioned at the appropriate stage, the appellant was not entitled to raise the same at ..... (1) no court shall take cognizance of an offence punishable under section 161 or section 165 of the indian penal code or under sub-section (2) of section 5 of this act, alleged to have been committed by a public servant except with the previous sanction, - (a) in the case of a person who is employed in connection with the affairs of the union and ..... order of acquittal passed by the trial court, the state preferred criminal appeal no.1260 of 2006 which, as noticed earlier, has been allowed by the high court in terms of the .....
Tag this Judgment!Court : Supreme Court of India
..... thereafter, she filed writ appeal no.899 of 2006, which was permitted to be withdrawn with liberty to approach the lok adalat for appropriate relief. ..... she cannot escape liability merely on the ground of being unaware, after 3 years, when a letter dated 26.12.2006 was written by the learned counsel for the respondents to the learned counsel for the bank, making an offer to settle the matter by paying rs.33.50 lakhs as per award dated 20.03.2004. ..... the appellant contends that there is no provision under the legal services authority act, 1987 ( the act , for short) which entitles the lok adalat to set-aside or adjudicate on its own orders. ..... , (2012) 11 scc511 this court has held that in view of the provisions of section 128 of the contract act, the liability of the guarantor/surety is co-extensive with that of the debtor. ..... therefore section 128 of the indian contract act will apply here without any exception. ..... thereafter, the guarantor approached the lok adalat by filing an application under order 9 rule 13 read with sections 21 and 25 of legal services authority act, 1987 on 03.10.2006. ..... under section 21 of the act of 1987 the awards of the lok adalat are given the status of a decree of a civil court and finality is given to them. ..... we are of the opinion that the questions that need to be decided by us are regarding the liability of the guarantor under section 128 of the indian contract act, 1872. .....
Tag this Judgment!Court : Supreme Court of India
..... to be read in tandem with section 20 of the juvenile justice act, 2000, as amended by the amendment act, 2006, which provides that even in disposed of cases of juveniles in conflict with law, the state government or the board could, either suo motu or on an application made for the purpose, review the case of a juvenile, determine the juvenility and pass an appropriate order under section 64 of the act for the immediate release of the juvenile whose period of detention had ..... effect of the other part of the decision was, however, neutralised by virtue of the amendments to the juvenile justice act, 2000, by act 33 of 2006, whereunder the provisions of the act were also made applicable to juveniles who had not completed eighteen years of age on the date of commission of the ..... as will, therefore, be clear from the provisions of the juvenile justice act, 2000, as amended by the amendment act, 2006 and the juvenile justice rules, 2007, the scheme of the act is to give children, who have, for some reason or the other, gone astray, to realise their mistakes, rehabilitate themselves and rebuild their lives and become useful citizens of society, instead of degenerating ..... in this rule shall also apply to those disposed of cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) and the act, requiring dispensation of the sentence under the act for passing appropriate order in the interest of the juvenile in conflict with law."10. .....
Tag this Judgment!Court : Supreme Court of India
..... 10(4) "where in an order referring an industrial dispute to a labour court, tribunal or national tribunal under this section or in a subsequent order, the appropriate government has specified the points of dispute for adjudication, the labour court or the tribunal or the national tribunal, as the case may be, shall confine ..... were not paid any retrenchment compensation, for which otherwise they were entitled to get from the contractor or/and bccl as per the provisions of section 25 of the act read with the provisions of contract labour prohibition and regulation act, 1970 and hence to this extent, this court can still direct either contractor or the bccl or both, as the case may be, to pay the retrenchment compensation ..... in hand, we consider it apposite to take note of law laid down by this court regarding the powers of the appropriate government in making reference under section 10 of the act and the jurisdiction of the tribunal while answering the reference. ..... " (9) from the above it therefore appears that while it is open to the appropriate government to refer the dispute or any matter appearing to be connected therewith for adjudication, the tribunal must confine its adjudication to ..... the employment of all the workers and offered them retrenchment compensation as per the provisions of section 25 of industrial disputes act, 1947 (in short "the act") except 39 skilled workers, who were retained to look after the maintenance work of washery after it was made operationalized ..... 2006 .....
Tag this Judgment!Court : Supreme Court of India
..... this writ petition was decided on 18th august, 2010 and a direction issued to the mhrd to pass appropriate orders in terms of the earlier order of 14th july, 2010 after considering the recommendations of the ugc within ..... of opinions, the institute filed w.p.no.13044 of 2010 in the madras high court and on 14th july, 2010 the high court passed an order to the effect that the notification under section 3 of the ugc act may be issued in favour of the institute subject to the decision in a public interest petition pending in this court being w.p. ..... in the madras high court for a direction to the mhrd to take a decision regarding issuance of an appropriate notification bringing the college in its ambit. ..... may, on the advice of the commission, declare, by notification in the official gazette, that any institution for higher education, other than a university, shall be deemed to be a university for the purposes of this act, and on such a declaration being made, all the provisions of this act shall apply to such institution as if it were a university within the meaning of clause (f) of section 2. [2]. ..... a direction was given to the mhrd to issue a notification under section 3 of the ugc act bringing the college under the ambit of the institute with effect from 2008-09. ..... abeyance the renewal of permission to admit the 2nd batch of students in the college till it was brought within the ambit of a deemed to be university by an appropriate notification.8. ..... 142/2006:viplav ..... no.142 of 2006 filed by one .....
Tag this Judgment!Court : Supreme Court of India
..... date; and (2) to modify the exemption so granted by removing the words: or full time workers of the church who come under the classification of officers within the meaning of clauses (g) of section 2 of the act and substituting with the following words: or any other officer of the church society by way of honorarium for any service rendered by him to the church society in future also as per the main provisions of the tamilnadu ..... under: when the writ petition came up for final disposal, learned government pleader would submit that though a counter affidavit had been filed contending that the aforesaid provision of the act are valid and are not violative of constitutional provisions yet the government would consider any representation made by the petitioner for grant of exemption in the light of the decided cases. ..... no.1708 dated 18.12.1981, the government of tamil nadu exempted the society retrospectively from 22.4.1978 from the operation of sections 15(4), 25(3) and 29(3) of the act, the relevant portion of which is extracted hereunder: in exercise of powers conferred by section 54 of the tamilnadu societies registration act, 1975 (tamil nadu act 27 of 1975) the governor of tamil nadu hereby exempts with retrospective effect from 22.4.1978: the president or bishop of the tamil evangelical lutheran church ..... examine the correctness of the impugned judgment, we deem appropriate to examine the scheme of the act insofar as it is relevant for the present purpose ..... by order dated 11.12.2006. .....
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