Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Court: mumbai Page 9 of about 8,345 results (0.054 seconds)

Union of India (Uoi) Vs. Auto Ignation Ltd.

Court : Mumbai

Reported in : 2002(81)ECC633; 2002(142)ELT292(Bom)

..... such action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment, the high court will issue appropriate orders or directions to prevent such ..... the learned senior counsel for the petitioners alternatively, submitted that existence of the alternate remedy under section 35l of the act could not be a bar for entertaining writ petition under articles 226 and 227 of the constitution of india as the petitions involve pure questions ..... of factual position and the conclusions drawn, based on factual aspects,can only be appropriately gone into and tested by the appellate authority. ..... senior counsel for the revenue - petitioners contended that the statutory remedy of appeal as contemplated under section 35l of the act provides for an appeal to the supreme court in the matter of disputes mainly connected with rates and valuation. ..... entered the appearance raised preliminary objection to the maintainability of petitions under articles 226 and 227 of the constitution of india, on the ground that under section 35l of the central excises and salt act, 1944 (act for short) appeal has been provided to the supreme court against the orders in question. ..... stale of bihar : air1999sc74 , supreme court observed that when an alternate and equally efficacious remedy is open to a person, he should be required to pursue the remedy and not to invoke extraordinary jurisdiction of the high court under article 226 .....

Prema Bangar Swamy Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2004CriLJ1296; 2004(2)MhLj993

..... in all such matters it would be desirable that the high court administration places the paper of the concerned appeal before the appropriate court with a note that after the arrest of the accused subsequent to the admission of the appeal against the acquittal, accused has been taken in custody. ..... (i) then we come to the last question with respect to the appropriate directions under section 390 of the code of criminal procedure. ..... 30,000/- as stated in paragraph 11 of that judgment and also observed that this would not preclude the petitioner from bringing a suit to recover appropriate damages from the state and its erring officials. ..... however, the principal judge will cause an inquiry to be held against all the officers concerned including those who are retired and if necessary pass appropriate order which may have an effect on their pension. ..... the principal judge will initially cause an appropriate preliminary inquiry to be held by a judge of his court under the relevant service rules and on receiving the report will direct a full-fledged inquiry to be held against the officers concerned. ..... it will be open to the state government if it is so inclined to represent to the principal judge that in the event any officers are held guilty appropriate amount from the aforesaid amount of rs. ..... pai, the learned app appearing for the state, brought it to our notice that at the time of earlier proceedings under the ndps act the petitioner had stated that she was a housewife. ..... state of bihar and anr. .....

Ramdas and Others Vs. The State of Maharashtra, through the Secretary, ...

Court : Mumbai Nagpur

..... statutes which provide for rule making and regulation making without any added requirement of transparency, we would exhort parliament to take up this issue and frame a legislation along the lines of the us administrative procedure act (with certain well-defined exceptions) by which all subordinate legislation is subject to a transparent process by which due consultations with all stakeholders are held, and the rule or regulation making power is exercised after ..... consider the submissions of the petitioners that the state government has failed to take into consideration the objections raised by the petitioners and that the inquiry contemplated under the provisions of section 37 of the said act, required, that the state government ought to have taken into consideration each and every objection raised by the petitioners objecting to the modifications as proposed by the corporation and no proper opportunity of hearing was given ..... thus be seen that the subject which was for consideration before the general body was with regard to taking necessary steps for minor modification u/s.37 of the said act for publication of notice with regard to proposed modification, inviting objections and for authorising the municipal commissioner to take appropriate decision on the said objection and submit proposal to the state government. ..... scc 796 : (air 2004 sc 3502 : 2004 air scw 3352); bihar state electricity board v. ..... 2005, 5931 of 2005 and 6467 of 2005 ..... order dated 16th november, 2005 allowed the misc. .....

Satco Capital Markets Ltd. Vs. Rahul H. Bajaj

Court : Mumbai

..... as in the appeal memo filed by the petitioner before the appeal bench of bombay stock exchg, the petitioner had claimed the sale price in respect of the said 10,000 shares sold on the bse for which appropriate bills had also been drawn by the respondent and accounting entries also ..... appeal bench of bombay stock had the appellant prayed for the return of monies accrued by the respondent as and by way of the sale of the said 10,000 shares of arbl on the bombay stock exchange for which appropriate bills had also been drawn by the respondent and accounting entries also ..... section 36 of the arbitration act and/or provisions of order 41 rule 5 of the cpc, itself provide and permit the court to pass an appropriate conditional order, after considering the facts and circumstances of the case and the nature of disputes so raised. ..... some of them are as under: i) since the respondent has admittedly disposed off the 10,000 shares of arbl and has drawn appropriate bills for the same at the bse, the ld. ..... state of bihar and anr. ..... 732 of 2005) dated 15 july 2016, which reads as under: b) however, the financial liability and/or the payment and the reciprocal obligations, for handing over the shares or payment in lieu of shares, of both the parties would be on the ..... it was restricted based upon the basic date of transactions and the date of the confirmation of the award so passed in the year 2005. ..... the date of judgment-2 february 2005. 15. .....

Pluto Plastics Pvt. Ltd. and Shri Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... (viii) interest under rule 571(5) read with section 11ab of central excise act, 1944 should not be demanded from then) so evaded on payment of duty at appropriate rate for the relevant period. ..... 1,00,000/- paid by the appellant vide tr6 challan no.35 dated 25.01.1999 should not be appropriated/adjusted against their liabilities towards duty, fine and penalty. ..... 8,63,100/- as detailed in annexure 'd' should not be demanded and recovered from there under the provisions of section 11a of the act on modvatable inputs returned as such by the job workers totally weighing 1,38,881.5 kgs, valued at rs. ..... 47,58,909/- on the appellants, a penalty of rs 4 lakhs on shri.nitin mehta, director of the appellant and ordered appropriation of rs. ..... 13,578/- should not be demanded and recovered from them under the provisions of section 11a of the act on modvatable inputs vis. ..... penalty should not be imposed on them under rule 173q arid/or rule 571(1)4 and rule 9(2) and rule 226 of central excise rules, 1944 read with section 11 ac of central excise act, 1944. ..... without the actual receipt of accompanying inputs, should not be disallowed and recovered from them under rule 571 (2) of central excise rules, 1944 read with proviso to sub-section (1) of section 11a of central excise act,, 1944. ..... the course of investigation, statements of various concerned persons were recorded under the provisions of section 14 of central excise act, 1944. ..... under chapter 39 of the schedule to the central excise tariff act, 1985. .....

The Commissioner of Customs (imports) Vs. Pride Foramer

Court : Mumbai

Reported in : 2006(4)BomCR737; 2006(204)ELT381(Bom); 2006[4]STR401

..... customs (import) confirmed the order of duty in the sum of rs.29,45,19,057.00/-as the differential duty under section 28(2) of the customs act, 1962 and also ordered appropriation of rs.10 crores deposited with the department towards the duty liability ..... the counsel for the revenue is that the decision dated 5th september, 2005 passed by the tribunal is an order under section 129b of the customs act, 1962 and, therefore, amenable to appeal under section 130 ..... backwards and to complete narration of facts, m/s.pride foramer, in the month of april, 2005, also made miscellaneous application before the tribunal for direction to refund the amount of ..... . the said miscellaneous application came to be disposed of by the tribunal on 5th september, 2005 directing return of rs.10 crores along with interest and cancellation and return of bond of rs.50 crores ..... understand, how in this fact situation the impugned order dated 5th september, 2005 can be said to be an order passed by the tribunal in ..... . can the order dated 5th september, 2005 passed by the tribunal on the miscellaneous application be said to be an order passed in ..... that the appeal by the commissioner of customs (imports) from the order dated 5th september, 2005 passed by the tribunal is not maintainable.18 ..... of customs, appraising group vb, mumbai sanctioned refund claim of m/s.pride foramer, but ordered the same to be credited to the consumer welfare fund in terms of section 27(2) of the customs act, 1962 vide order dated 2nd september, 2005 .....

Shri J.R. Prabhu, Principal, College of Agricultural Banking Vs. the S ...

Court : Mumbai

Reported in : 2001(2)ALLMR702; 2001ALLMR(Cri)1087; 2001BomCR(Cri)787; (2001)2BOMLR803; [2002(92)FLR118]; (2001)IILLJ1469Bom; 2001(3)MhLj616

..... india, indian airports employee's union, mahindra and mahindra limited, as also mumbai shramik sangh notification dated 9.12.1976, issued by the central government, which was appropriate government in the respective matters (except mahindra and mahindra) and similar notification issued by the state government, in case of mahindra and mahindra, in exercise of the powers conferred by section ..... no concern with the core function of the establishment and therefore, workers employed for the said purpose cannot be said to be workmen as defined by section 2(1)(i) of the act.infact, similar argument is also put forth in relation to 17 workers engaged through m/s unique services for watch-n-ward and cleaning of residential quarters of the officers and ..... be inferred that they are heads of the respective department institutions and that the labour enforcement officers/inspectors have not prosecuted wrong persons.since section 7 of the act itself casts a responsibility upon the principal employer and head of the department or office as principal employer by virtue of section 2(1)(g), the arguments that complaint ..... case and cannot launch on a detailed and meticulous examination of the case on merits.by referring to section 2(a)(1) and 2(bb) of industrial disputes act, 1947 read with section 2(1)(a)(i) of contract labour (r & a) act, 1970, learned advocate for the applicants submitted that r.b.i, being banking company, central government would be the appropriate government under both the statutes ..... .....

Bombay Gumasta Union Vs. M.R. Bhope, Member, Industrial Tribunal and o ...

Court : Mumbai

Reported in : 1995(4)BomCR155; [1995(71)FLR905]; (1996)IIILLJ525Bom; 1995(2)MhLj572

..... ' it would be clear from this decision of the supreme court that once a reference of an industrial dispute has been validly made under section 10(1) of the act by the appropriate government, it has no power of rescinding or cancelling the order of original reference. 10. ..... after considering various sections, the supreme court observed : 'but once an order in writing is made by the appropriate government referring an industrial dispute to the tribunal for adjudication under section 10(1), proceedings before the tribunal are deemed to have commenced and they are deemed to have concluded on the day on which the award made by ..... an argument on the basis of section 21 of the general clauses act was advanced before the supreme court that the power to cancel or supersede a reference must be held to be implied and, therefore, the state of bihar had power to issue notification from time to time modifying the earlier notifications. 8. ..... ganguli's case (supra) by the first notification, the government of bihar referred an industrial dispute between the management and their 31 workmen. ..... by a second notification, the government of bihar referred another industrial dispute of a similar nature in respect of 29 other workmen. ..... while the proceedings in respect of these two references were pending before the industrial tribunal, the government of bihar issued a third notification. ..... the industrial tribunal mainly relied upon the judgment of the supreme court in state of bihar v. .....

Shriram Mahadeorao Tandale Vs. Saraswati Mata Vidya Prasarak and ors.

Court : Mumbai

Reported in : 2006(2)ALLMR93; 2006(2)MhLj131

..... certificate is not sent for verification by competent caste verification committee and further no departmental inquiry as contemplated by provisions of maharashtra employees of private schools (conditions of service) regulation act, 1977; hereinafter referred to as the act or 1981 rules; hereinafter referred to as rules, and in any case in accordance with principles of natural justice has been held before terminating him. ..... is ready and willing to show that certificate at appropriate stage to proper authority and management is not proper ..... the hon'ble apex court has laid down this law while considering provisions of section 5a of land acquisition act and has held that where order for acquisition is passed without granting the personal hearing it is a case of absolute non-compliance with a mandatory provision and order being ..... time without notice if the same was made contrary to provisions of the bihar act, statutes, rules or regulations or in any irregular or unauthorised manner. ..... it is then urged by learned counsel for the appellant that the provision of an appeal under section 22-a of the act is a complete safeguard against any insufficiency in the original proceeding before the council, and it is not mandatory that the member should be heard by the ..... state of maharashtra reported at jt 2005(7) sc 530 are thus quoted which state that fraud is proved when it is shown that a false representation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly .....

The Commissioner of Sales Tax Vs. Moonlight Metal Industries Pvt. Ltd.

Court : Mumbai

..... on the facts and in the circumstances of the case, the tribunal was justified in law, in holding that the impugned activity is apparently falling within the description of sale under the works contract act?iii) whether, on the facts and in the circumstances of the case, the tribunal was justified in law, in holding that the activity which is declared as amounting to works contract, cannot ..... the first sale of such goods in the state after their manufacture and includes a dealer who sells bicycles in completely knocked down form.proviso to clause (e) of sub-section (1) of section 3a of the act empowers the state government to, from time to time by notification, modify the rate or point of tax in respect of any such goods, with effect from such date as may be notified in that behalf ..... on the facts and in the circumstances of the case, the tribunal was justified in law, in deleting the consequential levy of interest under section 36(3)(b) of the bombay sales tax act, 1959?viii) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the miscellaneous application requesting for enhancement of the purchase tax ..... a sale is completed by the seller or the provider of the goods or services to an acquisition or appropriation or request followed by the passing of title (property or ownership) in the item and the application and due settlement of a price, the obligation for which arises due to ..... state of bihar reported in : (1999) ..... of bihar reported .....