Creature - Year 2003 - Judgments

Feb 26 2003 (TRI)

Shakti Beverages Ltd. Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Feb-26-2003

Reported in: (2003)(87)ECC513

..... provisional assessment it is not open to the tribunal which is a creature of the statute to hold that the provisional assessment cannot be ..... regarding the exercise of power by this tribunal which is a creature of the statute has been considered by the apex court in ..... act contrary to law in particular the customs authorities who are the creatures of the customs act cannot be directed to ignore or act .....

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Jul 25 2003 (TRI)

Shri C. Raman Reddy Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT

Decided on: Jul-25-2003

Reported in: (2004)268ITR49(Bang.)

..... court in cit vs elgi equipment ltd 2000 242 itr 461 the creature of the stature cannot pronounce on the validity of the statute under ..... necessary to keep in mind the obvious fact that appeal is a creature of stature the learned author sampath iyengar in law of income tax ..... appeal it is well settled that a right of appeal is a creature of statute there is no inherent right of appeal and its existence .....

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Sep 17 2003 (HC)

Siba Prasad Sahoo Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Sep-17-2003

Reported in: 2004(1)CHN162

..... learned judges observed in paragraph 17 that the tribunal is a creature of statute and has to function in accordance with the ..... division bench reiterated its previous view that the tribunal being a creature of statute it cannot exceed the power vested on it ..... exalted status of this tribunal which is different from a mere creature of statute which an inferior tribunal is this tribunal has been .....

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Jul 25 2003 (TRI)

C. Ramaiah Reddy Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT

Decided on: Jul-25-2003

Reported in: (2003)87ITD439(Bang.)

..... in cit v elgi equipments ltd 2000 242 itr 460 mad the creature of the statute cannot pronounce on the validity of the statute under ..... of po it is not correct to say that tribunal being a creature of statute has no power to examine such action of authorised officer ..... appeal it is well settled that a right of appeal is a creature of statute there is no inherent right of appeal and its existence .....

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Feb 11 2003 (SC)

State Through Narcotics Control Bureau Vs. Kulwant Singh

Court: Supreme Court of India

Decided on: Feb-11-2003

Reported in: AIR2003SC1599; 2003CriLJ1527; 103(2003)DLT50(SC); 2003(86)ECC33; JT2003(2)SC470; 2003(2)KLT110(SC); RLW2003(3)SC364; 2003(2)SCALE11; (2003)9SCC193; [2003]1SCR995; 2003(1)LC

..... of the government the high court has described the ncb as a creature of the statute secondly it has been urged before us as ..... delhi high court in its impugned judgment has described it as a creature of the statute meaning thereby that it is a statutory authority ..... government the delhi high court has held that the ncb being the creature of a statute is not a department of the government the karnataka .....

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Apr 30 2003 (TRI)

Krishak Bharti Cooperative Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Apr-30-2003

Reported in: (2003)(159)ELT352TriDel

..... he cannot go outside the law that the commissioner appeals being a creature of the law has to pass the order within limits of ..... the learned dr has rightly emphasized that the commissioner appeals being the creature of the law has to decide the matter within the four ..... been held in the said judgment that customs authorities who are the creatures of the customs act cannot be directed to ignore or act .....

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Sep 04 2003 (HC)

Chairman of the Board of Trustees of the Port, Visakhapatnam Port Trus ...

Court: Andhra Pradesh

Decided on: Sep-04-2003

Reported in: 2003(6)ALD562; 2004(1)ALT195; 2004(1)ARBLR319(AP)

..... incurred by the 2nd respondent an umpire or an arbitrator is a creature of an agreement and no doubt he is duty bound to ..... considered by the arbitrator at the same time the arbitrator is a creature of the agreement itself and therefore is duty bound to enforce ..... judgment while rendering even a reasoned award 7 the arbitrator is a creature of the agreement itself and therefore is duty bound to enforce .....

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May 01 2003 (HC)

T.A. Choudhary Vs. State of A.P. and ors.

Court: Andhra Pradesh

Decided on: May-01-2003

Reported in: 2004(3)ALD357

..... principle of course is subject to the proposition aforestated viz that the arbitrator being a creature of the contract must operate within the four corners of the contract and cannot travel ..... consideration while affirming the said decision the supreme court observed thus the arbitrator being a creature of the agreement either specifically or inferentially provides for a higher rate to be awarded .....

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May 16 2003 (HC)

State of Madhya Pradesh and anr. Vs. Jangvali Singh and ors.

Court: Madhya Pradesh

Decided on: May-16-2003

Reported in: 2004(3)MPHT406

..... first information report quite often results in embellishment which is a creature of afterthought on account of delay the report not only gets ..... in lodging the fir often results in embellishment which is a creature of an afterthought on account of delay the fir not ..... in lodging the fir often results in embellishment which is a creature of an afterthought 23 keeping the aforesaid enunciation of the law .....

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Apr 08 2003 (HC)

Kohinoor Tailoring Works and Anr. Vs. Employees' State Insurance Corpo ...

Court: Kolkata

Decided on: Apr-08-2003

Reported in: (2004)ILLJ84Cal

..... learned counsel of the respondents the employees insurance court is a creature of a special statute and therefore it is a tribunal ..... seen from these provisions that the employees insurance court is a creature of the act brought into existence for a specific purpose ..... but are tribunals 50 the employees insurance court is admittedly a creature of the act and while conducting the proceedings the said .....

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