Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: old Court: kolkata Page 5 of about 410 results (0.135 seconds)

Amarendra Nath Ghosh Vs. Indian Iron and Steel Co. Ltd.

Court : Kolkata

Reported in : (2005)2CALLT96(HC),[2005(104)FLR420],(2005)ILLJ1052Cal

..... period prior to the appointed date was enforceable against the erstwhile management and certain claims could be lodged before the commissioner of payments appointed under the said act on conditions stipulated therein. therefore, the learned tribunal could not have travelled beyond the appointed date to look into the question as to what had happened prior to the appointed date.whether oral evidence ..... into as to whether jurisdiction has been properly exercised or not.18. as discussed above, we find that the learned tribunal could not have travelled to the period anterior to the cut-off date, being the appointed date prescribed under the act by which the management was taken over. it also could not re-open the case. the workman ought to have .....

Namita Sarkar Vs. Commissioner of Income Tax

Court : Kolkata

Reported in : (2005)195CTR(Cal)157,[2005]275ITR590(Cal)

..... the same property as in 1990-91, a proposition that may not sound too unreasonable having regard to the situation as noted above.11. in any event when the tribunal was justified in rejecting the report of the valuation, it had the responsibility to value the property following the accepted principles of valuation. but it had not done so, ..... and odd for the whole property where the valuation of one cottah would come around rs. 7,000, 8,000 approximately. therefore, this valuation arrived at by the learned tribunal cannot be justified.9. it further appears that this valuation was submitted by the assessee in his wealth-tax returns for the asst. yrs. 1987-88 and was accepted ..... record to arrive at a reasonable valuation, in that event, such valuation could be accepted by the authority in a proceeding under the it act.13. for all these reasons, we set aside the order of the tribunal and allow the appeal. we answer the question no. 1 in favour of the assessee. the question no. 2 is also answered .....

N. Kadar Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 2007(1)SLJ408(NULL)

..... without the aid of power or is ordinarily so carried on, orbut does not include a mine subject to the operation of the mines act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.21. in the instant case, the government press has ..... the matter to which i endorsed my agreement already.3. in this application the petitioner has challenged an order dated 16th september, 2005 passed by the central administrative tribunal.4. the petitioner was appointed in the post of a driver on 31st december, 1981 of the government press, port blair on an adhoc basis. the said adhoc ..... to the staff car drivers so he cannot be treated to be at par with other drivers of the same establishment.2. therefore, the decision rendered by the learned tribunal or for that matter of the administration cannot be said to be invalid. my learned brother has recorded in detail and painstakingly the other factual and legal aspects of .....

Central Bank of India Vs. Warisi Sales Corporation and ors.

Court : DRAT Kolkata

Reported in : 2(2007)BC23

..... the rate of charging interest by the appellant ignoring the provisions of section 21a of the banking regulation act, 1949 and the apex court's judgment in state bank of india v. tasangi venkateswara rao . 2. the tribunal could not ignore the agreed contractual rate of interest between the parties, charged on the loan account ..... sanction and the duly executed document of loan. 3. the tribunal could not direct the appellant-bank to charge another rate of interest in a whimsical and arbitrary manner. 4. the tribunal ignored the provisions of sections 45 and 50 of the banking regulation act, 1949 and decided arbitrarily that during the period of moratorium ..... interest could not be charged. 5. the impugned judgment and order passed by the tribunal are unreasonable and arbitrary and thereby the appellant- .....

Bharitia Traders Pvt. Ltd. and ors. Vs. Uco Bank and ors.

Court : Kolkata

Reported in : AIR2007Cal105,I(2008)BC462

..... before the debts recovery tribunal in terms of provisions in section 17 of the act. admittedly they did not prefer any appeal, it is contended that in view of provisions of s 14 the bank was not empowered and ..... the movables in terms of the order of the division bench, and that those photographs cannot prove the allegation that possession of the flats had been taken by applying force.8. before 1 proceed to consider the question of law involved in the case. i say that there is absolutely no scope for me to record a finding of ..... remove their movables from the flats. a supplementary affidavit has been filed by the petitioners annexing photographs to show that possession of the flats had been taken by applying force.5. counsel argues that on the facts of the case the petitioners were entitled at once to approach the writ court, though they were entitled to prefer an appeal .....

Purnendu Sekhar Nanda Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN690

..... before departmental forum, we find little substance in such submission. this writ application does not arise out of an original proceeding under section 19 of the administrative tribunal act but is fact, a writ application was filed when second show-cause notice was issued and a learned single judge of this court directed that if further order ..... four tyres had been made at the connivance of the writ petitioner and other police personnel and such conduct constituted misconduct unbecoming of a member of the disciplined force. the said order of suspension was intended to be effective from 21st february, 1986 pending enquiry into the conduct of the petitioner and the other police personnel ..... in connection with bishnupur police station case no. 8 dated 31st october, 1985 under section 399/402 of the indian penal code and section 25/27 of the arms act.(c) on the allegation of theft of four new tyres of the said truck and replacement of those by four worn out ones, a first information report .....

Union of India (Uoi) and ors. Vs. Major General Arun Roye, Avsm, Vsm a ...

Court : Kolkata

Reported in : 2008(2)CHN192

..... (supp) scc 559 (paragraphs 2 & 4), the hon'ble supreme court in the facts of that case was dealing with competing claims of two officers of the armed forces. in that factual background the hon'ble supreme court, inter alia, held that the policy statement of 1964, although not issued under any rules or regulations or statute ..... no. 8. since the respondent was also a member of scheduled caste he preferred an appeal against the said order before the rajasthan civil services appellate tribunal wherein he complained that his junior had been promoted while he himself had been overlooked wrongly. it was on this factual backdrop the matter went up before ..... decision-making was motivated on the consideration of probity. the government has to rise above the nexus of vested interests and nepotism and eschew window-dressing. the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious actions. therefore, the principle of governance has to be tested .....

Md. Imran Ali Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(4)CHN58,[2008(117)FLR112]

..... the morale of the entire battalion has brought to jeopardy. as such the punishment inflicted upon him is lawful and proper. hence the judgment and order of the learned tribunal does not call for interference and the application should be ..... infirmity is committed. the learned tribunal has found it that the enquiry proceedings has been initiated and concluded following the relevant rule. as far as quantum of punishment is concerned the same is absolutely within the domain of the disciplinary authority. the petitioner being a member of the disciplined armed forces has acted in such a manner that ..... while he along with nvf haradhan mondal were performing night patrol duty on 14/15.11.1996 at jalangi bazar did some acts (emphasis supplied) which is violative of discipline norms of police force. had the c/1.89 md. imran ali not sent the nvf in dereliction of his bona fide duty, the incident .....

Development Consultants Pvt. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)115TTJ(Kol.)577

..... ). 5. before proceeding to discuss the determination of alp on transaction by transaction basis, shri mitra submitted that as per section- 92c(1) of the it act. the arm's length price of an international transaction is required to be determined using any of the prescribed methods, being the most appropriate method-having regard to the ..... by the tpo and accordingly the assessing officer in the appeals relating to both the said assessment years, whereupon the assessee has filed, second appeals before the tribunal.16. shri rahul mitra and shri vrajesh dutia of pwc, being authorized representatives (ars) argued the case on behalf of the assessee before us by filing ..... to refer to the transfer pricing legislations of developed countries where the principles of transfer pricing have been in use for a long time and act as a guiding force for all the developing economies. the transfer pricing guidelines issued by the us internal revenue services under section 482 provide and discuss the concept of .....

inderpal Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... in the concise oxford english dictionary (eleventh edition), the expression 'desert' has been explained to be:1. callously or treacherously abandon2. illegally leave the armed forces. there are other meanings attributed to this expression also in that dictionary, but for the purpose of adjudication of the present writ petition, i find ..... case, it has been held:to put differently unless the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of the court/tribunal, there is no scope for interference. further to shorten litigations it may, in exceptional and rare cases, imposed appropriate punishment by recording cogent reasons in ..... main charge against the petitioner, which has been reproduced in the final order of the disciplinary authority is gross indiscipline and dereliction of duty. such acts of 'gross indiscipline' and 'dereliction of duty' has subsequently been explained in the order in following manner:in that he deserted the unit lines .....