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Union Public Service Commission Vs. m.sathiya Priya and Ors.

Court : Supreme Court of India

..... court, has fallen into error by virtually assessing the performance of the first respondent as an appellate authority and that too wrongly; they have erred in taking into consideration the annual confidential reports from 1.4.2003 to 31.03.2008; the relevant annual confidential reports to be considered for the purpose of the selection in question were 11 from 1.4.2002 to 31.03.2007, the selection committee has rightly taken into consideration the annual confidential reports of those ..... with effect from 5.5.2009 by giving her appropriate place of seniority amongst the private respondents.12. ..... she also contended that her service records are better than those of almost all the private respondents and that the selection committee had acted in an arbitrary manner in making the selection by superseding her for appointment to the ips.4. ..... in other words, the selection committee is not required to compulsorily 26 accept the gradings given in the annual confidential reports as it would amount to merely acting as a post office and the whole process would be nothing but a farce. ..... this virtually means that the selection committee will not act as a post office but will take a decision on due application of mind ..... thus, according to her, the selection committee has acted expressly in an arbitrary manner in the said process of selection by superseding the first respondent.11 ..... by virtue of the provisions in the all india services act, 1951, separate recruitment rules have been framed for the ias/ips/ .....

M/S Indian Oil Corporation Limited Vs. The State of Uttar Pradesh

Court : Supreme Court of India

..... to assess, reassess, collect and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india, assess, reassess, collect and enforce payment of tax, including any penalty, payable by a dealer under this act as if the tax or penalty payable by such a dealer under this act is a tax or penalty payable under the general sales tax law of the state; and for this purpose ..... value added tax act, 2008 mutatis mutandis, applicable adopts only machinery provisions for the purposes of act, 2007 and section 33 of value added tax act, 2008, which deals with demand and recovery of tax is only machinery provision, which does not entitle the respondent to claim any interest ..... even if provision of section 33 of vat act, 2008 to be treated as machinery provision which is to be applied by virtue of section 13 of act, 2007, the machinery provision has to be interpreted in a manner so as to make the liability effective and treated to be ..... applicability of certain provisions of the uttar pradesh trade tax act, 1948 - the following provisions of the uttar pradesh value added tax act, 2008, shall mutatis mutandis apply to all dealers and proceedings under this act:- (i) section 9 - liability of firm, association of persons and hindu undivided family; (ii) section 10 - tax due from deceased his payable by person representatives; (iii) section 11 - tax liability in case of minor or incapacitated person; (iv) section 12 - liability in case of .....

State Of Himachal Pradesh Vs. The Recovery Officer, Debt Recovery Trib ...

Court : Supreme Court of India

..... . the cumulative effect of the several sub-sections of section 14 is that after returns are furnished by a dealer in respect of any period, the duty of the assessing authority is to assess the appropriate quantum of tax required to be paid by the dealer, in terms of the procedure laid down therein; and to initiate steps, also in terms of the laid down procedure, to recover any amount of unpaid tax, penalty ..... . in our considered opinion, it was also a clear but inadvertent error on the part of this court to dismiss only the special leave petition against pnb as infructuous; the appropriate course for this court ought to have been to dismiss the writ petition of pnb itself as infructuous having regard to the clear stand taken by pnb in its aforesaid affidavit dated 30th ..... also inherent in this court and if judicial satisfaction is reached that an order has been passed, which ought not to have been passed, and it is accepted that a mistake has been committed, it is not only appropriate but also the duty of this court to rectify the mistake by exercising inherent powers ..... of the writ petitions impugned in two of the four civil appeals ~ the first dated 7th september, 2007 and the other dated 2nd january, 2008 ~ with regard to the scope, ambit and applicability of section 35 of the sarfaesi act, more particularly the latter holding section 16-b of the hpgst act as ultra vires the constitution and the banking companies act, loses its basis and can no longer be held to be legal and valid .....

Public Interest Committee For Scheduling Specific Areas An Unregistere ...

Court : Supreme Court of India

..... amend the 2006 notification to reserve seats for limboo and tamangs under article 332 and second, the election commission must use the power under section 9(1)(aa) to amend the 2008 order in accordance with the amendments made to the 2006 order by the delimitation commission; 30 alternatively, the petitioners have suggested that the election commission use its powers ..... directing the election commission of india, to consider the case of the scheduled tribes, as indicated in the writ petition and to take appropriate steps for their representation in the lower houses, both in the parliament, as well as in the state assemblies in accordance with the ..... and 332 of the constitution, this court directed the election commission to consider the case of the scheduled tribes and take appropriate steps to ensure their representation in the house of the people and the legislative assembly in the state . ..... notification and the 2008 order and section 7(1a) of the rp act do not account for the limboo and tamang scheduled tribes, they violate this mandate; second, the election commission is empowered, under article 324 of the constitution, to issue directions for the readjustment of seats to reserved constituencies; third, the provisions of section 11 of the delimitation act and section 9(1)(aa) of the representation of people act 1950 sufficiently ..... within the purview of the 2001 census is a matter for determination which the statutory body would be empowered to carry out at the appropriate stage. .....

Satya Pal Anand Vs. State of M.P. and Ors.

Court : Supreme Court of India

..... learned judge referred to various provisions of the transfer of property act, 1885 and also of the act and concluded as follows:- .......when a person who claims to be the owner or a person interested in an immovable property, finds that someone else has executed and registered a sale deed or other deed in regard to his property, claiming to be the owner or a person interested in the property, the appropriate course for him is to file a suit for declaration ..... therefore, the aforesaid writ petition was filed before the high court by the appellant wherein he has questioned the correctness of the order dated 15.09.2008 passed by the inspector general, registration, bhopal wherein it has been held that the inspector general of registration has the powers of only general superintendence over the registration officers and ..... respondents, namely that this court has already dismissed the slp no.13255 of 2012 filed by the appellant earlier, wherein, this court has examined the correctness of the order dated 08.11.2008 of the joint registrar passed in exercise of his revisional jurisdiction with regard to the appointment of the receiver under section 64 of the m.p. ..... respondents judgment dipak misra, j.the appellant, a septuagenarian, filed an application dated 4.2.2008 in the office of the sub-registrar, bhopal, the third respondent herein, for cancellation of registered documents dated 9.8.2001, 21.4.2004 and 11.7.2006 which pertain to registration of immoveable property situated on plot .....

The Manager Vknm Vocational Higher Secondary School Vs. The State of K ...

Court : Supreme Court of India

..... very rule 7a(3) as well as rule 51a along with rules 49 and 52 were subject matter of consideration in details in the decision of this court in sneha cheriyan (supra) before entering into any further discussion, we feel it appropriate to note the relevant conclusions drawn by this court on a reading of the abovesaid rules. ..... the object and purpose of the notification dated 16-4-2005 issued by the government in exercise of the powers conferred under section 36 of the kerala education act is to curb the unhealthy practices adopted by certain managers of aided schools by creating short-term vacancies or appointing several persons in relatively long leave vacancies itself thereby making several rule 51-a claimants against one ..... having noted the said position, we feel it appropriate to cull out the principles of interpretation arising under ..... before examining the scope of sub-rule (3) of rule 7-a and the proviso to section 51-a read with the government order dated 10-6-2008, examine the scheme of the act and the ker and the object and purpose of sub- rule (3) of rule 7-a as well as the impugned order dated 10-6-2008. ..... we have already indicated that as per the kerala education act and the ker, the manager of the aided school is free to make appointment of teachers in their respective schools who are qualified according to the rules and the entire salary and other allowances have to be ..... the notification dated 10-6-2008 only says that if the period of appointment does not cover one academic .....

Satya Pal Anand Vs. State of M.P. and Ors.

Court : Supreme Court of India

..... this writ petition was dismissed by the division bench of the high court primarily on the ground that the appellant had already resorted to a remedy (a dispute) before the appropriate forum under the act of 1960, which was pending; and the declaration, as sought, can be considered in those proceedings after recording of the evidence and production of other material to be relied on ..... deeds (between the private parties) as void ab initio and to cancel the same, especially when the aggrieved party (appellant) has already resorted to an alternative efficacious remedy under section 64 of the act of 1960 before the competent forum whilst questioning the action of the society in cancelling the allotment of the subject plot in favour of the original allottee and unilateral execution of an extinguishment deed for that purpose?. ..... the inspector general (registration) vide order dated 19th september 2008 rejected the said application on the ground that powers conferred on him were limited to the general superintendence of the registration ..... the high court of madhya pradesh, judicature at jabalpur, by way of writ petition no.13505/2008 under article 226 of the constitution of india to challenge the order passed by the inspector general (registration) dated 15th september 2008 as also the order passed by the sub-registrar (registration) dated 28th june 2008. ..... ) by a speaking order rejected the said application on 28th june 2008 mainly on two counts. ..... on 4th february 2008 by the appellant. .....

Gujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.

Court : Supreme Court of India

Reported in : AIR2008SC1921; 2008(2)ARBLR1(SC); 2008(2)AWC1238(SC); (2008)2CompLJ357(SC); 2008(4)CTC539; 2008LC(SC)1; (2008)3GLR2246(SC); JT2008(3)SC336; (2008)4MLJ573(SC); (2008)4SCC75; 2008AIRSCW2169

..... of the total consumption of electricity in the area of a distribution licensee;(f) adjudicate upon the disputes between the licensees and generating companies and to refer any dispute for arbitration;(g) levy fee for the purposes of this act;(h) specify state grid code consistent with the grid code specified under clause (h) of sub-section (1) of section 79;(i) specify or enforce standards with respect to quality, continuity and reliability of service by licensees;(j) fix the ..... companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the state;(c) facilitate intra-state transmission and wheeling of electricity;(d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state;(e) promote cogeneration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with ..... where any matter is, by or under this act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the licence of a licensee, be determined by such person or persons as the appropriate commission may nominate in that behalf on the application of either party; but in all other respects the arbitration shall be subject to the provisions of the arbitration and conciliation act, 1996 (26 of 1996).15. ..... 1941/2008 [arising out of ..... laxmi devi jt 2008(2) 8 sc .....

Raj Kumar Shivhare Vs. Assistant Director, Directorate of Enforcement ...

Court : Supreme Court of India

..... 136 of the constitution, we give liberty to the appellant, if so advised, to file an appeal before an appropriate high court within the meaning of explanation to section 35 of fema and if such an appeal is filed within a period of thirty days from today, the appellate forum will consider the question of limitation sympathetically having regard to the provision of section 14 of the limitation act and also having regard to the fact that the appellant was bona-fide pursuing ..... commenting on the exercise of wide jurisdiction of the high court under article 226, subject to self imposed limitation, this court went on to explain:the high court does not therefore act as a court of appeal against the decision of a court or tribunal, to correct errors of fact, and does not by assuming jurisdiction under article 226 trench upon an alternative remedy provided by statute ..... to the appellate tribunal under section 19(2) of the act, the tribunal passed the order dated 17.7.2008, the concluding portion whereof is quoted above.7. ..... a writ petition was filed challenging the order dated 17.7.2008 of the appellate tribunal for foreign exchange, janpath, new delhi, (hereinafter `the tribunal'), on various grounds with which this court is ..... 6527/2008 filed by the appellant ..... (2008) ..... writ petition came to be filed challenging the order dated 17.7.2008.8. ..... imposed on him and the confiscated money was disposed of according to section 13(2) vide order dated 29.02.2008.6. ..... fixed for hearing on 4th september, 2008. 4. .....

M/S.Tamil Nadu Petroproducts Limited. Vs. the Commissioner of Income T ...

Court : Supreme Court of India

..... objection was overruled by the second respondent by order dated 19.11.2008 by stating that notice under section 148 of the act for the accounting year 2001-2002 was issued by the assessing officer after getting prior approval of the appropriate authority of the department as per the provisions of section ..... on going through the changes, quoted above, made to section 147 of the act, we find that, prior to the direct tax laws (amendment) act, 1987, reopening could be done under the above two conditions and fulfilment of the said conditions alone conferred jurisdiction on the assessing officer to make a back assessment, but in section 147 of the act (with effect from 1.4.1989), they are given a go-by and only one ..... in the counter affidavit that the writ petitions are not maintainable since the petitioner has an alternate remedy by way of filing appeal as prescribed under the income tax act, 1961 if it is aggrieved, if a final order is passed after production of records by the petitioner for the re-assessment proceeding.6. ..... (f) on receipt of the said reasons, petitioner filed its objections by letter dated 15.11.2008 and contended that there is no material or reason available for re-opening the assessment for the year 2001-2002 as all materials were disclosed in ..... of 2008 the petitioner has challenged the notice dated 3.8.2007 calling for returns for re-assessment of income for the assessment year 2001-2002 insofar as escaped assessment under section 147 of the income tax act, 1961 .....