Court : Kerala
Reported in : AIR1995Ker21
..... a delinquent would, in certain cases, cause more injustice than justice. recently the constitution bench of the supreme court made a very significant remark about the extension of the rule of natural justice while dealing with the question of furnishing enquiry report to a delinquent employee. it is contained in managing director, ecil v ..... .... the power to discipline should be derived from the acceptance of it by the student in the contract of matriculation.' prof. wade in his administrative law (1988) observed that any dispute over the interpretation and administration of the university's internal rules comes within the exclusive jurisdiction of the visitor if there ..... the headmaster in maintaining the internal discipline is sacrosanct. it is this saintliness that makes the master-pupil relationship different from master-servant relationship in industrial law.6. since the word 'discipline' as such is not defined either in the kerala education act or in the rules, it would be worthwhile to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... or breach of taxing provision are ample proof of it. the constitution-makers foresaw the eventuality, therefore they conferred such powers both on central and state legislatures to make laws in this regard. such right includes power to define a crime and provide for its punishment. use of the expression, "including all ..... , it appears that its master mind is somewhere else and it is also inside."26. the then minister of state for home affairs gave an extensive speech with regard to the commission of heinous crimes on a large scale not only threatening the security and territorial integrity of the nation but also ..... notwithstanding the merits and demerits of the submissions and counter-submissions, irrefutably the talented lawyers and learned additional solicitors general using their formidable legal skill, extensive scholarly knowledge and vast and rich practical experience in criminal proceedings and trials analysed the various provisions of the acts under separate heads in the light .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(2)ALT45(SC); JT1994(3)SC629; 1994(2)SCALE822; (1994)4SCC737; [1994]3SCR360; 1995(1)LC765(SC)
..... property be requisitioned. exercising the power under section 21 followed by a notification issued under section 7(1)(a), state govt. acquired the said property for extension of the air field at udhampur. section 8 provides the procedure to determine the compensation, which reads thus:section 8: principles and methods of determining compensation:(1 ..... . harikrishna khosla (1993) suppl. 2 scc 149 that the property acquired under the acquisition and requisition of the immovable property act, 1952 (for short the 'central act'), the arbitrator has no power to award solatium and interest. the same principle would apply proprio vigore to the principles laid down under section 8(3) ..... 1scr326 and bihar state electricity board v. state of bihar and ors. civil appeal nos. 157/-1600/94 dated february 21, 1994. thus it is settled law that the requisitioning authority is a person interested since it is interested in the fixation of the proper and just market value or compensation of the land acquired on .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ1067
..... far and wide and the judges must ever be vigilent to protect the citizen, the judges have a constructive role and, therefore, they must always use such extensive powers with due circumspection and self ordained restraint in the larger public interest. it may be added here that in all matters of offences, there is also ..... or damages in torts to decry it and if justified, to compensate for it.24. in : 1985ecr4(sc) , asstt. collector central excise v. dunlop india ltd. it has been observed that the law presumes that public authorities function properly and bonafide with due regard to the public interest, a court must be circumspect in granting interim ..... , not infringing the fundamental rights enshrined in the constitution and may be in future, not against the principles of human rights.23. the reasonableness of the laws of preventive detention arc to be weighed in scales different from those for providing the justice and infringement of rights. the principles of natural justice are already .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]130STC202(All)
..... to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.' 14. parliament enacted the central sales tax act, 1956 and section 3 thereof formulates principles for determining when a sale or purchase of goods takes place in the course ..... commission appointed by the ministry of finance, government of india, in april, 1953, under the chairmanship of dr. john mathai. in the course of its extensive analysis of the various systems of state and local taxes prevalent in the country, the commission dwelt at some length on the various state level taxes and ..... further, in the same entry 'including taxes on entertainment, amusement, betting and gambling 'also corelates with the entertainment, amusements or enjoyment. reliance was placed in re : central provinces and berar sales of motor spirit and lubricants taxation ac , on the following observations : 'similarly, item 50 (list ii) relates to taxes on luxuries. 'these .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)60TTJ(Mumbai)308
..... you had mentioned :'the learned ito failed to appreciate that the assessee-companies activities were under the constant control of the central excise authorities and that such central excise authorities, even after making extensive searches on the assessee-company in 1982 and 1986, had accepted its production figures and had not made any allegations whatsoever that ..... may think that the scale of justice tilted because of the closeness or kinship; and the case was decided not on the basis of case law but face law. in the background of like situation the apex court laid down that a reasonable apprehension of existence of bias vitiates an order. it is important ..... wholesaler or the manufacturer who may have been privy to, or an abettor in, such infringement and indirectly its ultimate beneficiary would not get touched under this law.'10. it was alleged that the assessee-company devised 'clever contrivances' to cause generation of premium on the sale of cigarettes. the word 'clever contrivances' .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1998)65ITD380(Mum.)
..... had mentioned : the learned ito failed to appreciate that the assessee-company's activities were under the constant control of the central excise authorities and that such central excise authorities, even after making extensive searches on the assessee-company in 1982 and 1986, had accepted its production figures and had not made any allegations whatsoever that ..... they may think that the scale of justice tilted because of the closeness or kinship; and the case was decided not on the basis of case law but face law. in the background of like situation the apex court laid down, that a reasonable apprehension of existence of bias vitiates an order. it is important ..... of which is justice and hence, it must keep on growing and developing with changing social concepts and values. otherwise, there will be estrangement between law and justice and law will cease to have legitimacy.104. 'no riddle is more difficult to solve, none has more persistently engaged the attention of thoughtful mind', says allen .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]85CompCas808(Cal)
..... expressly mentioned therein. this argument was negatived by the supreme court in the following words :'it is true that 'includes' is generally used as a word of extension, but the meaning of a word or phrase is extended when it is said to include things that would not properly fall within its ordinary connotation ..... thus, ..... in a position to offer attractive and assured returns to the savers. this process gives rise to money and other financial assets which, therefore, have a central place in the development process. these assets provide the vital links between saving, investment and income. 4.2 as the financial system has an important role ..... notification inserting paragraph 4a by way of amendment.327. this order, however, will not prevent the reserve bank of india from taking appropriate action in accordance with law if there is any violation of. the 1987 directions against any residuary non-banking company including the petitioners.328. the writ petition is, accordingly, disposed of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1997]88CompCas21(P& H)
..... award. on april7, 197&, the high court of jammu and kashmir stayed further proceedings before the arbitrator. the court did not pass any order on the application for extension of time for making the award. this court, thereafter, transferred the arbitration application to itself in c. p. no. 82 of 1975 moved by the company. ..... the state, it was pleaded that the agreement was contrary to the provisions of section 122 of 'the constitution of jammu and kashmir and was not enforceable at law. the contents of arrangement between the bank, the state, the company and other financial institutions were denied. after the resultant trial and recording of evidence, the ..... commissioner would assess the dues payable to the financial corporation arising in the course of working of shiraj forest lease or other liabilities of the company. a lawful decree that was passed by a court of competent jurisdiction following an inter partes judgment which had even attained finality could not be set at naught. even .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)428; AIR1996SC1627; JT1996(3)SC679; (1997)1MLJ82(SC); 1995(4)SCALE762; (1996)3SCC709; [1996]3SCR721
..... of article 246 of the constitution except to say the following: once the impugned enactment is within the four corners of entry 8 read with entry 6, no central law whether made with reference to an entry in list-i or with reference to an entry in list-ill can affect the validity of such state enactment. the argument ..... schedule to the i.d.r. act; the i.d.r. act provides for licensing of industries mentioned in the first schedule to the act besides providing extensive control and regulation of such industries and their products; the grant, the renewal and the refusal to grant or renew the licences is thus the exclusive province of ..... privilege for manufacture even if one existed, has been transferred to the distilleries by the state. the state cannot itself manufacture industrial alcohol without the permission of the central government. the states cannot claim to pass a right which they do not possess. nor can the states claim exclusive right to produce and manufacture industrial alcohol which .....
Tag this Judgment!