Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Court: supreme court of india Page 11 of about 4,574 results (0.145 seconds)

Manager, R.B.i., Bangalore Vs. S. Mani and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2179; 2005(6)BomCR455; [2005(105)FLR1067]; [2005(3)JCR110(SC)]; JT2005(3)SC248; 2005(4)KarLJ255; (2005)IILLJ258SC; 2005(3)MhLj758; (2005)5SCC100; 2005(2)SLJ309(SC)

..... : (2005)illj1153sc, this court observed:'it is trite that the courts and tribunals having plenary jurisdiction have discretionary power to grant an appropriate relief to ..... they were not even entitled to the protection under the industrial disputes act nor the mandatory requirements of section 25-f of the industrial disputes were required to be complied with before terminating his services, unless they complete 240 days service within a period of twelve months preceding ..... reinstatement for non-compliance of the provisions of section 25f of the industrial disputes act would restore to the workmen the same status which he held when terminated. ..... the aim and object of the industrial disputes act may be to impart social justice to the workman but the same by itself would not mean that irrespective of his conduct a workman would automatically ..... court held:'regularisation, in our considered opinion, is not and cannot be the mode of recruitment by any 'state' within the meaning of article 12 of the constitution of india or any body or authority governed by a statutory act or the rules framed thereunder. ..... :'it is not a case where the respondent has completed 240 days of service during the period of 12 months preceding such termination as contemplated under section 25-f read with section 25-b of the industrial disputes act, 1947. ..... : (2005)illj1sc this court held:'it may not be out of place to mention that completion of 240 days of continuous service in a year may not by itself be a ground for .....

Godrej Sara Lee Ltd. Vs. Asst. Commissioner (Aa) and anr.

Court : Supreme Court of India

Reported in : 2009(236)ELT425(SC); JT2009(7)SC1; 2009(4)SCALE666; 2009(3)LC1550(SC); (2009)25VST271(SC); 2009AIRSCW6376:2009(4)Scale666.

..... the reliefs prayed for in the said writ petition are as under:i) to issue a writ of certiorari or other appropriate writ, order or direction to call for records leading to ext.p11 final assessment order for 2005-06 under the kvat act and quash the same;ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to refrain from enforcing the assessment order ext.p11 and demand pursuant thereto against the petitioner, pending ..... disposal of the writ petition;iii) to declare that the sales turnover of products falling within the description insecticides and pesticides which are manufactured under licence under the insecticides act ..... and falling within the description of entry 44(5) of iii schedule of kvat act is liable .....

Maharashtra State Road Transport Corporation and anr. Vs. Casteribe Ra ...

Court : Supreme Court of India

Reported in : JT2009(11)SC609; (2009)IVLLJ286SC; 2009(12)SCALE25; (2009)8SCC556; 2009(9)LC4242(SC):2009AIRSCW6104

..... employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation) as may in the opinion of the court be necessary to effectuate the policy of the act; (c) where a recognized union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be cancelled or that all or any of its rights under sub-section (1) of section 20 or its right under section ..... ninety days of the occurrence of such unfair labour practice, file a complaint before the court competent to deal with such complaint either under section 5, or as the case may be, under section 7 of this act.provided that, the court may entertain a complaint after the period of ninety days from the date of the alleged occurrence, if good and sufficient reasons are shown by the complainant for the late filing ..... umadevi cannot be held to have overridden the powers of industrial and labour courts in passing appropriate order under section 30 of mrtu & pulp act, once unfair labour practice on the part of the employer under item 6 of schedule ..... : (2005) 6 scc 751, this court relied upon earlier judgment in the case of mahatma phule agricultural university and reiterated the legal position thus:additionally, as observed by this court in mahatma ..... : (2005) 3 ..... of the single judge passed on august 2, 2001, the corporation preferred five letters patent appeals which came to be dismissed on may 6, 2005. .....

Hombe Gowda Edn. Trust and anr. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : [2006(108)FLR584]; [2006(2)JCR24(SC)]; JT2005(10)SC598; (2006)ILLJ1004SC; RLW2006(1)SC632; (2006)1SCC430; 2006(2)SLJ272(SC)

..... in a normal course if the punishment imposed is shockingly disproportionate it would be appropriate to direct the disciplinary authority or the appellate authority to reconsider the penalty imposed.'20 ..... further to shorten litigations it may, in exceptional and rare cases, impose appropriate punishment by recording cogent reasons in support thereof. ..... this court in terms of article 141 of the constitution of india, as noticed in the decisions noticed supra, categorically demonstrates that the tribunal would not normally interfere with the quantum of punishment imposed by the employers unless an appropriate case is made out therefore. ..... bihar colliery kamgar union : (2005)illj1135sc , the law has been laid down in the following terms:'it is well-established principle in law that in a given circumstance it is open to the industrial tribunal acting under section 11a of the industrial disputes act, 1947 has the jurisdiction to interfere with the punishment awarded in the domestic inquiry for good and valid reasons ..... uttam manohar nakate : (2005)illj738sc , it was held:'furthermore, it is trite, the labour court or the industrial tribunal, as the case may be, in terms of the provisions of the act, must act within the four corners thereof ..... what their action show is any indication an impression is gathered that the principal and the appellant have acted in undesirable manner and unbecoming of academitails to say the least teachers, their acts are demeaning the profession they have adopted'5. .....

A and G Projects and Technologies Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Reported in : 2008(16)SCALE178; (2009)2SCC326; [2009]18STT525; (2009)11VatReporter3; (2009)19VST239(SC):2009AIRSCW802

..... or the certificate referred to in clause (b) of the preceding proviso in respect of a subsequent sale of goods if, -(a) the sale or purchase of such goods is, under the sales tax law of the appropriate state, exempt from tax generally or is subject to tax generally at a rate which is lower than four per cent (whether called a tax or fee or by any other name); and(b) the dealer ..... , or(b) to a registered dealer other than the government, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this act :provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the ..... central government may, by notification in the official gazette, appoint, not being earlier than thirty days from the date of such notification, be liable to pay tax under this act on all sales of goods other than electrical energy effected by him in the course of inter-state trade or commerce during any year on and from the date so notified:provided ..... goods sold on the basis of contract entered into by the appellant with kptcl and, therefore, the proviso to section 9(1) of the cst act 1956 stood attracted and consequently the state of karnataka was the 'appropriate state' entitled to collect tax in respect of the goods sold by the appellant to kptcl under the cst act 1956. ..... 2005 under section 23(1) of the karnataka sales tax act ..... 2005 .....

Rajeev Hitendra Pathak and ors. Vs. Achyut Kashinath Karekar and anr

Court : Supreme Court of India

..... oath;(ii) the discovery and production of any document or other material object produced as evidence; 8(iii) the reception of evidence on affidavits; (iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;(v) issuing of any commission for the examination of any witness; and(vi) any other matter which may be prescribed. ..... state commission that it was influenced by the concluding portion of the judgment of the bombay high court to the effect that the respondent (writ petitioner) could approach the appellate authority or make an appropriate application before the state commission for setting aside the ex parte order, if permissible under the law. ..... very few provisions of the code of civil procedure have been made applicable to the proceedings before the district forums and the state commissions under section 18 of the consumer protection act, which applies sections 13 and 14 to the state commission and the national commission (under section 22(1) are those under section 13(4)). ..... involved in both the appeals are identical, therefore, we deem it appropriate to dispose of both these appeals by a common judgment.4. ..... the hon'ble chief justice of india for appropriate orders. ..... redressal commission and others air 2005 ap 118 in which the court observed that the district forums and the state commissions are entitled to exercise only such powers which are specifically vested in them under the act and the rules.24. mr .....

Income Tax Officer Ward No.16(2) Vs. M/S Techspan India Private Ltd.(f ...

Court : Supreme Court of India

..... to appreciate the present controversy between the parties, it would be appropriate to refer to sections 147 and 148 of the it act. ..... (c) no 14376 of 2005 whereby a division bench of the high court, while allowing the petition filed by the respondent herein, quashed the notice dated 10.02.2005 issued under section 148 of the income tax act, 1961 (hereinafter referred to as the it act ) and the order dated 17.08.2005 passed by the income tax officer.2) brief facts:- 1 (a) m/s techspan india ..... counsel finally submitted 5 that the high court has rightly set aside the show cause notice dated 10.02.2005 and the order dated 17.08.2005 and no interference is called for by this court in the matter. ..... he further contended that the order dated 17.08.2005 was not a speaking order and was rightly set aside by the ..... the show cause notice dated 10.02.2005 reflects the ground for re-assessment in the present case, that 10 is, the deduction allowed in excess under section 10a and, therefore, the income has escaped assessment to the tune ..... (d) further, on 10.02.2005, a notice was served upon the respondent by the revenue for re-opening the assessment under section 148 on the ground that the deduction under section 10a of the it act has been allowed in excess and the income escaped assessment works out ..... aggrieved, the respondent challenged the above said show cause notice dated 10.02.2005 as well as the order dated 17.08.2005 before the high court by filing a writ 3 petition (c) no.14376 of 2005. .....

The Director, Steel Authority of India Limited Vs. Ispat Khadan Janta ...

Court : Supreme Court of India

..... the case involves a chequered history and almost after four rounds of litigation, the matter has reached at a stage where the reference was made by the appropriate government under section 10(1) of the industrial disputes act, 1947 to decide the industrial dispute raised by the union, namely, ispat khadan janta mazdoor union vide notification dated 27th january, 2003 followed with 22nd february, 2005.3. ..... 125.the upshot of the above discussion is outlined thus: (1)(a) before 28 1 1986, the determination of the question whether the central government or the state government is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression appropriate government as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry, or the establishment of any railway ..... the exposition of the judgment of the constitution bench of this court made it clear that neither section 10 nor any other provision in the clra act provides for automatic absorption of contract labour on issuing a notification by the appropriate government under section 10(1) of the clra act, and consequently the principal employer is not required or is under legal obligation by operation of law to absorb the contract labour working in the establishment.34. .....

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

..... in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the ..... any building, conveyance or place; (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for ..... . since investigation under the acts referred to above, namely the central excise act, the customs act, the railway property 285 (unlawful possession) act has been given the status of judicial proceedings to deter persons from making false statements or otherwise intentionally hampering the investigation, the legislature has deemed it appropriate to use the expression shall have power to summon any person whose ..... punish the corporate bodies for minor and silly offences and extended 39 (2005) 4 scc530260 immunity of prosecution to major and grave economic crimes.24 ..... navjot sandhu (2005) 11 .....

Debabrata Saha Vs. Serampore Municipality And Others

Court : Supreme Court of India

..... , in the said meeting a decision was taken to recommend for appropriate action under section 217 of the act and for a reasoned order to be passed after the meeting of ..... error committed by the high court in holding that the order dated 05.06.2006 by which action was directed to be initiated under section 218 of the act for demolition of the 5 | pa ge structure does not survive as the basis of the said order was the order dated 14.02.2006 passed by ..... competent authority under section 217 of the act, to decide any dispute on the issue of misrepresentation or fraudulent statement in the application seeking sanction of building plan, for the purpose of passing an appropriate order to cancel such sanction. ..... disposed of by the high court directing the municipal corporation to initiate proceedings under section 218 of the west bengal municipal act, 1996 (for short the act ) for demolition of the illegal construction and to pass a reasoned order after giving a reasonable opportunity to all concerned ..... the municipal corporation, the high court found that the chairman of the board of councilors heard the matter on 27.12.2005 in the municipal office when the appellant, respondent no.3 and two other 3 | pa ge gentlemen i.e. ..... by relying upon the minutes of meeting dated 27.12.2005 of the board of councilors, serampore municipality, the learned counsel for the appellant argued that the chairman, vice chairman 4 | pa ge and three other members of the council were present at ..... meeting dated 27.12.2005. .....