Judgment Search Results Home > Cases Phrase: chandigarh delegation of powers act 1987 Page 17 of about 236 results (0.091 seconds)

Shital C. Joshi Vs. Gujarat State Road Transport Corporation

Court : Gujarat

Reported in : (2003)4GLR674

..... counsel for the petitioners the main reason was that originally the petitioners were called for interview and they were selected and select list was prepared but due to change of the government in power the select list has been scrapped and therefore scrapping of the select list is not in the merits of the matter but due to political reasons.3.1 the learned counsel for the petitioner further submitted that ..... even if it is to be said that the instructions contained in the office memorandum dated 14.5.1987 are discretionary and not mandatory, such discretion is coupled with the duty to act in a manner which will promote the object for which the power is conferred and also satisfy the mandatory requirement of the statute. ..... on pages 210 and 211 at paragraphs 10, 11, and 12 the hon'ble supreme court has held as under:3.4a 'para 11 - in our opinion, this is a case of conferment of power together with a discretion which goes with it to enable proper exercise of the power and therefore it is coupled with a duty to shun arbitrariness in its exercise and to promote the object for which the power is conferred which undoubtedly is public interest and not individual or private gain, whim or caprice of any individual. ..... this petition and reject it in this behalf on the ground of balance of convenience.4.11 the learned counsel for the respondent corporation has relied on the judgement of the hon'ble supreme court in the case of union territory of chandigarh vs. .....

Travels Star Hotels (India) Limited and ors. Vs. Union of India (Uoi) ...

Court : Punjab and Haryana

Reported in : (2009)155PLR732

..... ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and clear the said land and do all such acts for levelling and clearing the same as he may deem necessary or proper, but in such manner nevertheless that evidence of the boundaries of the lands held by different owners may be preserved. ..... the collector vide order annexure p.22 rejected objections of the petitioner by recording following findings:(i) absence of delegation by the central government did not affect power of the collector appointed by the state government to function as such. ..... (2) such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in the land to appear personally or by agent before the collector at a time and ..... he referred to following documents filed alongwith application dated 19.5.2009: (i) letter annexure p.8 dated 10.2.1995 addressed by deputy commissioner, ludhiana to home secretary, chandigarh sending a draft notification. ..... nandlal jaiswal and ors : [1987]1scr1 . .....

Dev Singh Vs. U.T. Chandigarh and Others

Court : Punjab and Haryana

..... by the petitioner as well as the respondents no.1 and 2 show that by filing the petition, the petitioner has espoused the cause of the public by bringing it to the notice of the court that powerful and influential persons of the committee, with the connivance of the officers sitting at their supervision, have grabbed the public property on the basis of illegal allotments at a nominal prices. ..... only 12 applications were received against the 12 commercial sites and out of those applications, 8 applicants were the relatives or dependents or the officials of the chandigarh administration and official members of the committee and one site was allotted to the relative of the senior officer of the punjab government. ..... may be signed by the medical officer of health when it is issued by the committee under any section of this act under which power may be delegated to the municipal officer of health under clause (b) of section 33 and has been so delegated. ..... secretary homecumjoint secretary, local government, filed an affidavit stating that vide affidavit dated 4.1.2010, furnished by the joint commissioner, municipal corporation, chandigarh, it was stated that action shall be taken for cancellation of the allotments after affording opportunity of hearing to the allottees. ..... for employees of the notified area committee, manimajra and those serving the chandigarh administration who are actually engaged and connected with the development scheme of manimajra ..... 398 : 1987 (supp) ..... others, 1987 r.r.r. .....

Nand Parkash and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1991)38ITD1(Chd.)

..... the photostat copy of the notice filed shows the signature as for (saroj kumar) and below the signature is mentioned 'steno'.the assessee respondent to this notice by letter dated 24-3-1987 appearing at page 17 of the paper book and submitted that the assessment order for the assessment year 1984-85 was neither erronous nor prejudicial to the interest of revenue and could not be cancelled by the ..... metal works [1978] 112 itr 445, has laid down that in passing order of revision under section 263 of the income-tax act, 1961, it is necessary for the commissioner to state in what manner he considered that the order of the assessing officer was erroneous and prejudicial to the interest of revenue and what the basis was for such a ..... section 263 requires that the commissioner may call for and examine the record of any proceedings under this act and if he considers that any order passed therein by the assessing officer is erroneous so far as it is prejudicial to the interest of revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made ..... this power vested in the commissioner cannot be delegated to anyone and issuing a show-cause notice under this section under the hand and seal of commissioner is a sine qua non for lawful assumption of ..... appeal by the assessee is directed against the order of the commissioner of income-tax, patiala, made under section 263 of the income-tax act, 1961, for the assessment year 1984-85 on 30-3-1987.2. .....

indra Sawhney and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321

..... another argument on behalf of the anti-reservation was addressed contending that if the recommendations of the commission are implemented, it would result in the sub-standard replacing the standard and the reins of power passing from meritocracy to mediocrity; that the upshot will be in demoralization and discontent and that it would revitalize caste system, and cleave the nation into two - forward and backward - ..... after an exhaustive review of authorities on the point, a constitution bench of this court stated:the true position, therefore, is that any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge if it is in conflict with the constitution or the governing act or the general principles of the law of the land or it is so arbitrary or unreasonable that no fair minded authority could ..... krishnamachari will understand that the words 'reasonable persons and prudent persons' have been used in very many laws and if he will refer only to the transfer of property act, he will find that in very many cases the words 'a reasonable person and a prudent person' have very well been defined and the court will not ..... conditions. in para 2.65 it is mentioned that andaman and nicobar, arunachal pradesh, chandigarh, dadri and nagar haveli, goa, daman and diu, lakshadweep, madhya pradesh, manipur, mizoram, nagaland, sikkim, tripura and west bengal have ..... mankad commission (1987) haryana gurnam singh commission (1990) jammu and kashmir justice .....

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(62)ECC631

..... to the asstt.collector of central excise, the provisions of rule 6 continued to remain operative when the provisions of rule 10 were shifted from the rules to the act.under section 33, the central board of excise & customs could confer on any officer the powers of adjudication as indicated in that section.under section 37(2)(xx), the central board of excise & customs or collector of central excise were authorised to provide by written ..... been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, 38[as if for the words "central excise ..... provide in the act, what was earlier already provided in the delegated legislation with no corresponding effect on the administration of the levy or the exercise of powers, as was in operation before such incorporation in the act.commissioner of ..... powers have been bestowed on the estate officer and collector capital project chandigarh, under section 5 of the ..... ) : in this case the show cause notice was issued on 15.01.1987 by the superintendent of central excise demanding central excise duty for ..... . collector of central excise, chandigarh 1984 (17) elt 331 (tribunal): the tribunal had observed that the ..... ..... .....

M/S Bharat Starch Industries Limited Vs. State of Haryana and Others

Court : Punjab and Haryana

..... rule 30(5) amended in exercise of power of delegated legislation cannot be assigned retrospective operation as no such intent is discernible from the notification and even otherwise the act does not permit a delegatee to notify a rule retrospectively. ..... :- in the high court for the states of punjab and haryana at chandigarh 1 cwp no.2844 of 1995 m/s bharat starch industries limited ..petitioner v. ..... as regards the petitioner's submission that as section 2 (nn) of the act making the petitioner liable to pay market fee, was amended on 29.4.1988, the respondents cannot claim market fee from 1.4.1987, has to be accepted. ..... the demand raised in the impugned notice, for the period 1.4.1987 to 28.4.1988 is, therefore, null and void. ..... by the state of haryana in section 2 (nn) of the act, vide notification dated 29.4.1988, the respondents cannot demand market fee from 1.4.1987 to 29.4.1988. ..... however, to a specific query as to how demand has been raised from 1.4.1987, when section 2(nn) was amended to provide for payment of market fee with effect from 29.4.1988, counsel for respondents no.2 and 3 is unable to advance any worthwhile argument, in support of the show cause notice demanding market fee from 1.4.1987. ..... writ petition, vis-a- vis the obligation of the petitioner to pay market fee from 29.4.1988 to 30.5.1993, the writ petition is allowed in part by quashing the show cause notice (annexure p-1) with respect to demand raised from 1.4.1987 to 28.4.1988. .....

Assistant Commissioner of Income Vs. JaIn Motors and Tractors

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2003)85ITD68Agra

..... arose whether a memorandum issued by government of madhya pradesh fixing the age of retirement of civil servants should be characterized as a rule as having been issued under art, 309, or only a direction as having been issued under the administrative power of government the court ruled that it was merely an executive direction arid not a rule on the following consideration : --it was in the form of a letter issued by the government to the collectors; --its form (it began with words ..... cbdt (1987) 166 itr 88 (del).thus, it could be said that it is only those circulars or instructions issued by the board under the provision of section 119 of the act will have statutory force and will be binding on every it authorities.delegated legislation can be issued only when the authority concerned has statutory power to do so ..... the court held that the regulation in question were made not under section 58 but under administrative power of bank given to it by section 7(2) of the act for the reason as under : "firstly, the regulations were not made with the previous sanction of the ..... it may be pertinent to mention that tribunal chandigarh in the case of dhannvii (supra) and bombay high court in the case of cameo colour ..... 1979 as referred to above in the decision of chandigarh bench and bombay high court is an administrative order issued for the guidance of the departmental officers ..... support thereof the learned counsel has relied upon the decision of tribunal chandigarh bench in the case of ito v. .....

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

..... iii) even in cases of sub-delegation, so long as the essential function of decision-making is performed by the delegate, the burden of performing the ancillary and clerical task need not be shouldered by the primary delegate and it is not necessary that the primary delegate himself should perform the ministerial acts as well; and (iv) practical necessities or exigencies of administration require that the decision-making authority who has been conferred with statutory power, be able to delegate tasks when the situation so requires. ..... genetically engineered organisms or cells, 1989 in consonance with article 14, 19, 21, 38, 47, 48, 48a read with 51-a(g) of the constitution and in the eventuality of the respondents failing to do so, declare the rules of 1989 as unconstitutional; ii) direct the respondents to set-up a high-power committee to formulate a national policy on genetically engineered organisms (geos) through a multi- stakeholder consultation process; iii) direct the respondents to observe a moratorium on various permissions/approvals/trials concerning geos, in particular of commercial nature, particularly of crops ..... sought directions with regard to approval dated 25.10.2022 recommended by geac by clearing for environmental release transgenic mustard hybrid dmh-11 following fairly long stages of trial conducted by icar, cgmcp; institute of microbial technology, chandigarh (imtech), nin, hyderabad, amar immunodiagnostics pvt. ..... pati 15 (1978) 2 scc10216 (1987) 3 scc8244 | w.p. .....

Suman Kaushik Vs. N.P.Kaushik

Court : Delhi

..... not placed any medical evidence on record to show that in october, 1987 her condition had deteriorated and due to that reason she had to go to chandigarh though she was undergoing medical checkup being pregnant at that time. ..... accordingly, the three member delegation comprising of president and two other office bearers of the samiti had met the chief justice and pleaded for suspension ..... - (1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party- (i) x x x (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) to (vii) x x x explanation- x ..... the matter to the police and on her complaint fir under section 323, 325, 498a/34 ipc and section 4 of dowry prohibition act was registered against the respondent and his family members. ..... by way of this appeal under section 28 of hindu marriage act, 1955 (hereinafter referred to as the act), appellant has challenged impugned judgment/ decree dated 06.07.2009 passed by the learned adj, delhi by which the divorce petition of respondent/husband has been allowed and the marriage between the parties is ..... is a ground for divorce under section 13 of the act and the relevant portion of this section reads as under ..... him, advanced a brief case full of currency notes to said orderly mange ram to do the alleged act or they would kidnap his school going children. .....