Court : Allahabad
Reported in : AIR1995All162
ORDERRavi S. Dhavan, J.1. Democracy al the grass root level is the subject matter of a large number of petitions, all relating to the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act'). This Act has been amended by the State legislature after the Constitution of India itself stood amended by the Contitution (Seventy-Third Amendment) Act, 1992, dated 20 April, 1994 (hereinafter referred to as 'the Constitution Amendment Act'). Insofar as the Constitutional Amendments were concerned, primarily they related to introducing homogeneous local self-Government at the village level throughout the nation. And yet not ignoring the aspirations of rural India to participate in governing itself at the village level, certain nomenclatures to the administration of democracy at the village level were brought in as a standardised pattern in all the States of the nation. In some parts of India, the basic nucleus of local self-Government at the village was either the Gaon Sabha o...
Tag this Judgment!Court : US Supreme Court
Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co. - 514 U.S. 122 (1995) OCTOBER TERM, 1994 Syllabus DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR v. NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 93-1783. Argued January 9, 1995-Decided March 21,1995 The Director of the Labor Department's Office of Workers' Compensation Programs petitioned the Court of Appeals for review of a Benefits Review Board decision that, inter alia, denied Jackie Harcum fulldisability compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). Harcum did not seek review and, while not opposing the Director's pursuit of the action, expressly declined to intervene on his own behalf in response to an inquiry by the court. Acting sua sponte, the court concluded that the Director lacked standing to appeal the benefits denial because she was...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT468; 1995(1)ALT(Cri)332; [1996]86CompCas487(AP); 1996CriLJ636
M.N. Rao, J. 1. The provisions of Chapter XVII of the Negotiable Instruments Act, 1881 (for short 'the Act'), comprising sections 138 - 142, concerning penalties in cases of dishonour of certain cheques for insufficiency of funds in the accounts, inserted by section 4 of the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act 66 of 1988) are under challenge in this batch of writ petitions. 2. The Statement of Objects and Reasons of Act 66 of 1988 says : '... in the course of administering various laws relating to banks and public financial institutions, a need has arisen for some further amendments to the Act...'. Section 4 was enacted for achieving the following objective : 'to enhance the acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in case of bouncing of cheques due to insufficiency of funds in the accounts or for the reason that it exceeds the arrangements made by the drawer, with adeq...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT288; 1995(77)ELT544(AP)
ORDERS.V. Maruthi, J.1. These three Writ Petitions are disposed of by a common judgment as the issue involved is common to all these Writ Petitions. 2. In W.P. No. 17002 of 1989 the petitioner is the Delta Paper Mills Limited. It manufactures paper which is liable to Excise duty under the Central Excises and Salt Act, 1944 (in short 'the Act'). The petitioner's appeal challenging the levy of Excise duty was pending before the Tribunal. Pending disposal of the appeal the second respondent by his order dated 2-1-1985 granted instalment facility to the petitioner for payment of Excise duty to the tune of Rs. 20,20,553.69. In the said letter the petitioner had been required to clear off the arrears of tax of Rs. 20,20,000.00 in 10 instalments. The first nine instalments were to be of Rs. 2,00,000/- each beginning in February, 1985 and the 10th instalment was to comprise the balance payable. The petitioner had been making payments in accordance with the instalment facility granted by the se...
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ1309
ORDER1. For the reasons recorded separately this Full Bench unanimously holds that in exercise of powers under Article 226 of the Constitution, while issuing direction and command to the Magistrate or the Court of Sessions as the case may be, to consider the bail application; time Schedule for concluding bail proceedings cannot be fixed. Consequently, decision rendered in Dr. Hidavat Hussain Khan v. State of U.P., (1992 Crl. LJ 3534) is overruled and the decision rendere.d in Writ Petition No. 919 of 1992, Noor Mohammad v. State of U.P. and Ors. is upheld.2. Accordingly, all the three writ petitions are disposed of with the direction that if the petitioners are arrested and brought before the competent Court or voluntarily surrender before the competent Court, and apply for bail, their bail applications will be decided by the competent Court as expediously as possible in accordance with law.B.M. Lal, J.(2A) Following question is to be answered by this Full Bench :'Whether while rejecti...
Tag this Judgment!Court : Patna
B.P. Singh, J. 1. The petitioners in this batch of writ petitions are Sugar Companies, which have challenged the constitutional validity of the Bihar Molasses control Act, 1947 (hereinafter referred to as the State Act), mainly on the ground of legislative competence of the Bihar Legislature to continue the provisions of the Act after the enactment of the Industries (Development and Regulation) Act, 1951, and more particularly afterthe insertion of Section 18G in the aforesaid Act in the year 1953. They have also challenged the Bihar Molasses Control Rules 1955 framed under the Act, and the action taken by the Authorities of the State pursuant to the aforesaid Act and the Rules. The State Act has also been challenged on the ground of its being violative of Articles 14, 19(1)(g) and 301 to 304 of the Constitution of India. It is therefore, necessary to notice the factual background in which the legislative competence of the Bihar legislature has been challenged. 2. The Bihar Molasses ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)(79)ELT485TriDel
1. The above appeals arise out of the order dated 24-4-1991 of the Collector of Central Excise, Pune, confirming demand of duty of Rs. 14,69,880/- on 4 milling machines viz. 2 Nos. HB 630 and 2 Nos. VA 50 imported by the appellants in terms of Phased Manufacturing Programme with agreement with M/s. Hitachi Seiki Company of Japan and imposing penalties of Rs. 5 lakhs upon the appellants and Rs. 10,000/- upon Shri Chokor L. Doshi, Managing Director of the company and Rs. 5,000/- upon Shri M. Mohan Das, General Manager of the Cooper Division of the company.2. The facts leading up to the filing of the appeals are briefly as follows: The appellants are a DGTD Unit who obtained approval for a Phased Manufacturing Programme (hereinafter referred to PMP) for the manufacture of machining centres in collaboration with M/s. Hitachi Seiki of Japan. Under Phase-1 of approved PMP, the appellants were permitted to import 10 machining centres (2 pieces each of 5 models proposed to be manufactured VA ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1996]86CompCas842(P& H); (1995)109PLR662
V.K. Jhanji, J.1. This shall dispose of Civil Revision No. 1109 of 1994 and also application under Order 39, rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, praying for ad interim injunction against the defendants in Civil Suit No. 460 of 1994 titled as Bhankerpur Simbhaoli Beverages Pvt. Ltd. v. Utpal Kumar Ganguly, pending in the court of the Additional Senior Sub-Judge, Rajpura. Civil Revision No. 1109 of 1994 has been directed against the ad interim order dated March 18, 1994, passed by Sh. G. S. Khurana, Additional District Judge, Patiala, in the pending appeal arising out of Civil Suit No. 33 of 1994 pending in the court of the Senior Sub-Judge, Patiala.2. Initially, Civil Revision No. 1109 of 1994 directed against the order of the Additional District Judge, Patiala, was filed in this court, but before the matter could be finally decided, Civil Suit No. 460 of 1994 was filed in the court of the Additional Senior Sub-Judge, Rajpura. Since the matterinvolv...
Tag this Judgment!Court : Karnataka
Reported in : (1995)129CTR(Kar)217; ILR1995KAR2366; [1995]215ITR758(KAR); [1995]215ITR758(Karn); 1995(39)KarLJ393
Tirath S. Thakur, J.1. In this batch of writ petitions, the petitioners call in question the constitutional validity of sections 234A, 234B and 234C of the Income-tax Act, 1961, inserted by the Direct Tax Laws (Amendment) Act, 1987, with effect from April 1, 1989. 2. Briefly stated, section 234A makes a provision for the payment of simple interest calculated at the rate of 24 per cent. per annum by an assessee, who commits default in furnishing a return of income under section 139(1) or section 139(4) or in response to a notice sent to him under section 142(1) of the Act. The amount at which such interest is payable and the period for which the same is payable is set out in the provision itself, reference whereto shall be made in detail a little later. 3. Section 234B of the Act, on the other hand, provides for payment of interest by an assessee, who even though liable to pay advance tax under section 208 of the Act, has either failed to pay such tax or the advance tax paid under secti...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP230
ORDER1. This writ petition is filed for a declaration that the action of the respondents in demolishing the building bearing No. 6-3-661 / A (part) (Old number 6-3-661) situaiedin Kapadia lane, Somajiguda, Hyderabad, is illegal etc. The averments in the affidavit are that the petitioner No. 1 is the absolute owner of an extent of 300 square yards or 250 square meters of the premises bearing No. 6-3-661 / A (part) (Old number 6-3-661) situated at Kapadia lane, Somajiguda, Hyderabad. She purchased the same under a sale deed dated 24-12-1993 executed by one AbduJ Majid Khan son of Abdul Hameed Khan, on a stamp paper worth Rs. 50,000/-and submitted for registration. Ever since the purchase she was in possession of the same. The building is about 100 years old and hervendor paid all taxes up to 31-3-1994 to the Municipal Corporation of Hyderabad. The second petitioner is the husband of the first petitioner, is the registered General Power of Attorney holder of the vendor Sri Abdul Majeed Kh...
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