Court : Delhi
Decided on : Aug-11-1988
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... own decision, then that inevitable interest cannot form the basis of a successful challenge. thus, in wilkinson v. barking corpn., the local government (superannuation) acts provided that questions as to the entitlement of an employee of a local authority to a superannuation allowance were to be determined initially by the local authority, ..... excise) was invested with the powers of a collector to exercise throughout the territory of india. one of the arguments advanced was that under provisions of the act, there was no scope for conferring any concurrent jurisdiction. it was held :- '...... in my view when central board had been conferred with the jurisdiction to ..... provisions for entrustment of functions. our attention has been invited to notifications issued from time to time, right from 1957 under section 2(b) of the act investing designated officers with all the powers of a central excise officer. particularly by notification dated august, 15, 1964, the officer on special duty appointed .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-15-1988
Reported in : AIR1989Kant315; ILR1989KAR218; 1989(1)KarLJ444
..... 1970 and was published under no. kst. co. pln. rch. 32/70 dt. 84-1970 in mysore gazette dt. 16-4-1970 under s. 68c of the act proposing to nationalise as many as 128 routes in the district of raichur. objections were filed against the said scheme, which were pending disposal with the government. it appears that during the ..... 32/70 dt. 8-4-1970 published in the official gazette on 16-41970, proposed a scheme as per s. 68-c of the motor vehicles act, 1939, (hereinafter referred to as the act), to nationalise as many as 128 routes in the district of raichur. a copy of the said notification is attached with the petition as annexure b. the scheme ..... heard in respect of. the proposed modification.an analysis shows that s. 68-c enables the state transport undertaking as defined in s. 68a of the act to prepare a scheme for nationalisation of ' transport service with the particulars mentioned in the section in case the state transport undertaking is of the opinion that for the purpose of providing an .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1988
Reported in : [1989(58)FLR731]; ILR1988Delhi467
..... the earlier transport system known as delhi transport services which in turn was as a result of nationalisation of gwalior and northern india transport company ltd. on may 14, 1948. on the coming into force of the delhi municipal corporation act, 1957, the transport service in delhi was taken over with effect from april 7, 1958 ..... of discharge is not rendered void and inoperative by such contravention. it is interesting to note that gajendragadkar, j., speaking on behalf of the court in equitable coal co. case : air1958sc761 , characterised the breach of section 33 as a technical breach not having tiny invalidating; consequence on the order of discharge or dismissal if ..... the scope of the inquiry under section 33a is what it has been held to be in the decisions in automobile products of india : (1955)illj346sc , equitable coal co. and the punjab national bank cases : (1959)iillj666sc , the conclusion must inevitably follow that the contravention of section 33 docs not render the order of .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-1988
Reported in : 1989(22)ECC16,1991(55)ELT518(Cal)
..... law' under or in terms of article 21 must be reasonable just and fair and the authority exercising such or any statutory power, as in this case, must act reasonably, otherwise the procedure as prescribed, would be deemed to be unreasonable. such determination, at this stage, cannot be appropriately applied in this case, as stated earlier ..... with their application for exemption of personal appearance which was fixed for orders today. mr. sen further informs that the division bench presided over by the learned acting chief justice have heard this appeal in part today and adjourned the matter till monday next. this court has also been informed that the division bench desired ..... and other equipments for extracting coal to the respondents. in appeal it was argued by the appellants that such order issuing a rule nisi with certain specific directions to do some acts was more than issuance of contempt rule and it affected the right of the parties and appeal was maintainable inasmuch as it was an .....
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