Court : Andhra Pradesh
Reported in : 2004(1)ALD783; 2004(5)ALT599; 2005(1)CTLJ535(AP)
..... bench of the supreme court considered the question whether the report of the enquiry officer in departmental enquiry against public servant is required to be furnished to the employee to enable him to make proper representation to the disciplinary authority before such authority arrives its own finding with regard to guilt or otherwise of the employee and punishment if any to be awarded to him. ..... the purpose of judicial review is to ensure that the individual receives fair treatment and not to ensure that the authority after according fair treatment reaches, on a matter which it is authorised by law to decide, a conclusion which is correct in the eyes ..... as insensible should be the last resort of judicial interpretation, for it is an elementary rule based on common sense that no author of a formal document intended to be acted upon by others should be presumed to use words without a meaning. ..... in the same tone, if the report which is the basis for the disciplinary authority to arrive at a decision is not supplied, it would amount to denying the right to opportunity of ..... ' and 'impropriety' of the decision are only some of the grounds on which a decision of a public authority can be invalidated if the same has resulted in arbitrary exercise of power and unfairness. ..... to implement the scheme in 18 to 24 months in a phased manner in 901 mandals giving priority to drought prone areas of rayalaseema and telangana regions as well as water-scarce mandals of coastal districts of andhra pradesh. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Reported in : (2004)(93)ECC254
..... -chennai)] the impugned order has relied upon the handbook on aqua farming titled as identification of cultivable species' as an up-to-date and authentic authority on aquaculture and quoted from the said book that 'colour of the body of cultured white prawns is creamy yellowish with minute spots of red, yellow and black uniformly distributed all over the ..... them in inspection of material at their centers and for guidance to the growers.we find that adjudicating authority has brushed aside this explanation on the ground that on examination, goods matched with the sticker on the ..... black tiger and white shrimps) coming other than from aquaculture sources was visualized even at that time, but on account of practical difficulties which were faced in the past in drawing distinction between these varieties of shrimps obtained from acqua culture sources ..... the appellants have also produced a certificate from mpeda, bhubaneswar certifying that white shrimps (peneaeus indicus) are acquired from different aquaculture sources along the coastline from orissa. ..... is having long coastline and shrimps are cultured in coastal brackish water and tidal water, which is saline as ..... the cases, show cause notices were issued for making false declaration in violation of section 50(2) of customs act with an intention to claim more depb benefits than entitled and proposing to confiscate the goods under section 113(i) of the customs act and for taking penal action under section 114(ii) of the customs act, 1962. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(98)ECC25; 2004(171)ELT5(Bom)
..... jetley submitted that the cargo imported by the petitioners is not volatile in nature and after the cargo is loaded into lorries, the same is out of the charge of the customs authorities and merely because the goods are weighed on the weigh-bridge for the safety of importers, it cannot be said that the quantity for the levy of customs duty should be as per ..... (bombay), the issue before this court was whether the customs authorities could levy penalty on the person in charge of the conveyance and their agents under section 116 of the customs act, 1962 solely based on the outturn report given by the ..... under the said public notices/circular, the assessing authorities under the customs act are required to assess the imported bulk liquid cargo discharged from the vessel into the tank lorries as per the quantity determined under the ullage survey report irrespective of the ..... from the vessel into the, tank lorry, then such method is to be adopted for the purpose of assessment of customs duty of bulk liquid cargo and it is not proper to direct the assessing authorities to assess only on the basis of ullage report ..... . therefore, the customs authorities are not justified in issuing public notice/circular directing the assessing authority to adopt the ullage report for assessing the bulk liquid cargo discharged ..... goods left its permanent hose connection and, therefore, the ship owner cannot be made liable for the short landing of goods based on the outturn report prepared by the port trust authorities .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(2)JCR539(Jhr)]
..... thus, the recovery of the knife was only on the basis of the confessional statement, made by this appellant, which is admissible in evidence and the authorities relied by the learned counsel for the appellant in this regard are of no help in view of the facts and circumstances, discussed above.14. ..... x 1 cm/ x cavity deep on the right chest front.the weapon penetrated into the chest cavity through the right fifth inter coastal space, purported the pericardial and entered into the right vertical of the heart.the doctor opined that abrasions and lacerated wounds were caused by hard and blunt substance whereas injury no. ..... rabindra prasad was demanding repayment of that advance loan which caused annoyance to the appellant, who committed this ghastly act, causing murder only to get rid of the repayment of the loan, advanced to him by the deceased.3. ..... the weapon penetrating into the chest cavity through the right 5th inter-coastal steps and entered into the right ventral of the heart. ..... the learned counsel relying the authority referred to above has submitted that the appellant was taken into police remand and his confessional statement was recorded by the i.o. ..... there is no contradiction in the medical evidence and the ocular evidence regarding the stab injury, sustained by the deceased on his right chest front inter coastal steps. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj129
..... contend and to shelter themselves background of the is on the fact that they are the employees of a fully owned government company/undertaking which runs the nationalised activity of coal mining, and that they have been acting in good faith though their present mining is admittedly without prior permission.it is seen that the conduct of the wcl, the employer of the applicants in failing to secure prior permission or failing to take steps ..... one hand, they relied upon the judgment of mp high court case of pratapsingh chouhan (supra) where the authority concerned had prayed for issue of a writ in relation to the failure of the state to decide application of renewal of mining lease while in the present case, unlike a similar exercise in case of pratapsingh chouhan (supra), the ..... contained in any other law for the time being in farce in a state, no state government or other authority shall make, except with the prior approval of the central government, any order direction, ....... ..... been countered by the respondent on following contentions and pleas :-(i) the arrest and interrogation and discovery of illegally conducted/undertaken mining operation was necessary and that under the garb of statutory authority and deemed extension of lease the applicants are not co-operating with the investigation. ..... the authorities under the statute or under the government, who are liable to be the first, amongst other entities obliged to follow and to adhere to the provisions of law, are seen at comfort .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)7SCC63
..... briefly stated, the facts are that on the tenant's appeal against the order of eviction having been dismissed by the appellate authority, the landlord filed original suit no. ..... been spending huge amounts for proper maintenance of the machinery and also for the furniture in good and proper condition, for enabling the respondent to satisfy the requirement of law for grant of licences by the authorities concerned from time to time. ..... buildings (lease, rent and eviction) control act, 1960. .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)
..... (5) notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the designs registered before the commencement of this shall, subject to the provisions of this act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of ..... in 59 itr 590, a division bench of calcutta high court, while dealing with the question of application of section 6 of general clauses act, came to the conclusion that section 6 will apply if there is no saving clause in the repealing enactment or unless a different intention ..... saraf, reported in : [1959]1scr1350 , the hon'ble supreme court was dealing with the provisions of section 72 of the contract act and in doing so, the learned judges again approved the dictum of lord herschell in bank of england in paragraph 17 of the ..... in 1995(1) scc 105, the hon'ble supreme court was construing the provisions of partial but express repeal of delhi rent control act and while doing so the learned judges took into consideration the judgment of chief justice tindal in ray v ..... that nowhere the appellant had alleged that the design was authored by any of its director or employees ..... the judicial committee of the privy council, held that the submission has neither reason nor authority to recommend it ..... appellant submitted that the registration certificate obtained by it under the old act is still valid upto august, 2005. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2005)(98)ECC234
..... to be confirmed as regards the applicability of the mark costa (g) since the classification of the products under chapter 2 or and chapter 16 is required to be re-determined, in light of the findings herein, the matters are required to be remitted back to the original authority to re-determine the classification and thereafter work out the duty demands, if any. ..... the definition under chapter note 2 to chapter 16 and chapter note 2 (ii) under chapter 30 of the central excise tariff act for brand name being parimateria the finding of the supreme court in astra pharmaceutical's case (supra) and the fact herein of costa mark being used on all products of the assessee whether exigible under chapter 2, 16 or ..... the indian hotel's case relied upon does not specifically deal with the definition of 'manufacture' under central excise act, 1944 especially the scope of clause (ii) in the definition under the central excise act, 1944 and when chapter note 1 of chapter 16 is applicable. ..... packing & price stickers are required to be placed on the packages meet the needs of certain other laws & are not an activity to be recognised under central excise act 1944. .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)IILLJ894Cal
..... so far the earlier observation is concerned whenever a judge sits in the tribunal on such type of issues regarding charter of demand which is normally finalised in between the parties by a bipartite agreement the intervention of the authority by a tripartite agreement should not be taken up by with an outlook of dispute between management and workmen and/or trade union so that in future the dispute persists. ..... all parties are to act on a singed copy of the minutes of the operative part of this judgment on the usual undertaking and as per the satisfaction of the officer of this court in respect as above.
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Reported in : (2005)(2)SLJ1CAT
..... in regard to the possibility of arbitrary action at lower levels, it has been decided that action for alleged violation of rule 6 of ccs (conduct) rules, 1964, can be taken by a disciplinary authority only when an authority not below the level of a head of department has decided that the objects or activities of the association concerned are such as would attract rule 6 ibid. ..... 4 scc 594=1991(1)slj 1 (sc) laying down a proposition in administrative law as to the natural justice on recording of reasons by quasi-judicial authority the following has been laid down: "(39) the object underlying the rules of natural justice "is to prevent miscarriage of justice" and secure "fair play ..... facto doctrine, as explained earlier, envisages that acts performed de facto by officers within the scope of their assumed official authority are to be regarded as binding as if they ..... (judicial review) act, 1977 of australia whereby the orders passed by certain specified authorities are excluded from the ..... authority required to act in a judicial or quasi-judicial matter must act ..... acted as a disciplinary authority while issuing the chargesheet, the same would have been a natural outcome keeping in view the misconduct by any other authority ..... authority actuated with bias is concerned, bias in the administrative action is forbidden on the principle of 'nemo debet esse judex in causa propria sua" precludes an interested party in the subject matter from acting ..... an administrative authority who purports to act by its .....
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