Judgment Search Results Home > Cases Phrase: destruction of records act 1917 section 5 saving of certain documents Page 10 of about 127 results (0.108 seconds)

M/S. New Central Jute Mills Co.Ltd. Vs. Commissioner of Central Excise ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... it is also not in dispute that the present appeal relates to loss/destruction of goods on account of a fire occurred in the factory of the appellant way back in 2006 ..... on going through the facts of the shiva essential oils and chemicals case(supra) i find that the facts involved in the said case relates to destruction of goods during storage in the factory on account fire. ..... for the revenue submits that the issue of destruction or loss has been initially considered in the case of shiva essential oils and chemicals vs ..... s.chakraborty raised a preliminary objection submitting that since this is a case of loss of goods, during storage in the factory, therefore, this tribunal has no jurisdiction to entertain the appeal against the order of the ld.commissioner(appeals) by virtue of section 35b of central excise act, 1944. ..... (appeals)s order relating to loss/destruction of goods in fire. ..... are of the opinion that the tribunal has no jurisdiction to hear appeals arising out of the orders of commissioner (appeals) where the appeals relate to loss of goods either in transit or in storage as stated in proviso (a) to section 35b of the central excise act. 8. ..... , ld.advocate for the appellant on the other hand submits that this tribunal has jurisdiction to decide the appeal since the goods were destroyed in fire and there is a distinction between loss and destruction. ..... long as such loss occurs in storage, it is a loss referred to in section 35b proviso. ..... heard both sides and perused the record. .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... . penalty for breach of confidentiality and privacy save as otherwise provided in this act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person ..... and contractual requirements, as required by the authority; (c) report promptly to the authority any security incidents affecting the confidentiality, integrity and availability of information related to the authority s functions; (d) ensure that records related to the authority shall be protected from loss, destruction, falsification, unauthorised access and unauthorised release; (e) ensure confidentiality obligations are maintained during the term and on termination of the agreement; (f) ensure that appropriate security and confidentiality obligations are provided ..... writ petition (civil) no.494 of 2012 & c onnected matters page 424 of 567351) certain acts in chapter vii are treated as offences and penalties are also provided, from section 34 to section 43.352) section 44 clarifies that this act would apply for offence or contravention committed even outside india. .....

Kulwinder vs.state (Nct of Delhi)

Court : Delhi

..... ) deals with the offence of committing mischief by fire or any explosive substance with both the intention and knowledge that such act would cause damage to any property belonging to a member of a scheduled caste, section 3(2)(iv) adds a further aspect to the said offence by requiring the accused persons to both intend and know that, by that act, destruction would be caused of any building used as a place of worship or for dwelling or for the custody of the property of a scheduled caste.118 ..... (vii) vicky (pw-42) also admitted that an altercation had taken place on 21st april 2010 when a-34 was attacked by the balmiki boys and that a-36 in trying to save him also suffered injuries and that there a rumour had been spread that a-34 had been killed. ..... he has proved on record the documents ex.dw38/a (collectively) from page 7910 to 7924 which is compensation given to balmikis family of mirchpur (families of pw s under the sc/st act). ..... in the opinion of this court, an omission to mention certain aspects of the incident which find mention in their statements to the police recorded under section 161 cr pc would only be a material contradiction if it completely invalidates what was earlier stated to the police under section 161 cr pc. ..... gandhi (dw-32), there is not a single document in the form of an mlc that reveals when a-34 had, in fact, been there.72. ..... this document is, therefore, not convincing at all. .....

Karampal vs.the State of Haryana

Court : Delhi

..... ) deals with the offence of committing mischief by fire or any explosive substance with both the intention and knowledge that such act would cause damage to any property belonging to a member of a scheduled caste, section 3(2)(iv) adds a further aspect to the said offence by requiring the accused persons to both intend and know that, by that act, destruction would be caused of any building used as a place of worship or for dwelling or for the custody of the property of a scheduled caste.118 ..... (vii) vicky (pw-42) also admitted that an altercation had taken place on 21st april 2010 when a-34 was attacked by the balmiki boys and that a-36 in trying to save him also suffered injuries and that there a rumour had been spread that a-34 had been killed. ..... he has proved on record the documents ex.dw38/a (collectively) from page 7910 to 7924 which is compensation given to balmikis family of mirchpur (families of pw s under the sc/st act). ..... in the opinion of this court, an omission to mention certain aspects of the incident which find mention in their statements to the police recorded under section 161 cr pc would only be a material contradiction if it completely invalidates what was earlier stated to the police under section 161 cr pc. ..... gandhi (dw-32), there is not a single document in the form of an mlc that reveals when a-34 had, in fact, been there.72. ..... this document is, therefore, not convincing at all. .....

State & Anr. Vs.jasbir @ Lillu

Court : Delhi

..... ) deals with the offence of committing mischief by fire or any explosive substance with both the intention and knowledge that such act would cause damage to any property belonging to a member of a scheduled caste, section 3(2)(iv) adds a further aspect to the said offence by requiring the accused persons to both intend and know that, by that act, destruction would be caused of any building used as a place of worship or for dwelling or for the custody of the property of a scheduled caste.118 ..... (vii) vicky (pw-42) also admitted that an altercation had taken place on 21st april 2010 when a-34 was attacked by the balmiki boys and that a-36 in trying to save him also suffered injuries and that there a rumour had been spread that a-34 had been killed. ..... he has proved on record the documents ex.dw38/a (collectively) from page 7910 to 7924 which is compensation given to balmikis family of mirchpur (families of pw s under the sc/st act). ..... in the opinion of this court, an omission to mention certain aspects of the incident which find mention in their statements to the police recorded under section 161 cr pc would only be a material contradiction if it completely invalidates what was earlier stated to the police under section 161 cr pc. ..... gandhi (dw-32), there is not a single document in the form of an mlc that reveals when a-34 had, in fact, been there.72. ..... this document is, therefore, not convincing at all. .....

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

..... : (1990) 1 scc520 the government of maharashtra exempted certain excess land from the provisions of the urban land (ceiling and regulation) act, 1976 for the purpose of constructing dwelling houses 111 under a scheme for the weaker sections of the society on the conditions specified ..... based his submission on the ground that the amendment in question is a caste-based reservation that excludes the historically oppressed groups (sc/st/obc) from its coverage and is thus, destructive to the aim of casteless society , which is the preambular vision forming the basic structure of the constitution ..... 36.2. however, when the enquiry itself is into the effect of amendment of the supreme and organic document, which is fundamental to everything related to the country, the amorphous state of the doctrine of basic structure, obviously, leaves every option open for purposive approach, in tune with the dynamics of change ..... 106. while closing on this reference, sincere thanks and compliments deserve to be placed on record for the learned counsel for the respective parties, their associates, and their researchers as also all the constructive contributors, whose erudite and scholarly presentation of respective view- ..... ]. the device of reading down is not to be resorted to in order to save the susceptibilities of the law-makers, nor indeed to imagine a law of one s ..... the historical background of reservations for backward classes since 1917 until the constituent assembly debates, where dr. .....

Smith Vs. Whitney

Court : US Supreme Court

..... the leading charge is for "scandalous conduct tending to the destruction of good morals," and various acts done by the petitioner as paymaster general are set forth in ..... on the other hand, it is argued that the petitioner is an officer of the navy; that no one but an officer of the navy of a certain rank can be appointed to the office of chief of bureau and paymaster general; that the petitioner's appointment to that office gives him the relative rank of commodore in the navy; that the ..... there is another legal remedy by appeal or otherwise, or where the question of the jurisdiction of the court whose action is sought to be prohibited is doubtful, or depends on facts which are not made matter of record, or where a stranger, as he may in england, applies for the writ of prohibition. ..... the question presented by the record before us is whether the court-martial should be prohibited from trying him on the charges and specifications laid before it, and the case comes within the rule stated by ..... the defendant therein has objected to its jurisdiction at the outset, and has no other remedy, he is entitled to a writ of prohibition as matter of right, and a refusal to grant it, where all the proceedings appear of record, may be reviewed on error. ..... jurisdiction at the outset, and has no other remedy, he is entitled as matter of right to a writ of prohibition from a court having authority to grant it, and a refusal to grant it, where all the proceedings appear of record, may be reviewed on error. .....

National Labor Relations Board Vs. Brown

Court : US Supreme Court

..... negotiations, the employers' association waived the failure of the local to give timely notice of its desire to bargain over new terms of employment and consented to hear the local's claims at the bargaining table; the record contains undisputed testimony by the store owners that they had no bone to pick with the local, that, on the contrary, they thought that unions were a good thing, but felt forced to take action in ..... . two, the threat to the integrity of the multiemployer unit, the consideration that was decisive in buffalo linen, is obviously very different where the struck employer continues operations with replacements; it certainly cannot be assumed that the struck employer operating with replacements is at the same disadvantage vis-a-vis the nonstruck employers as the employer in buffalo linen whose operations were totally shut down by ..... the award of superseniority -- balancing the prejudicial effect upon the employees against any asserted business purpose -- was that it was directed against the striking employees because of their union membership; conduct so inherently destructive of employee interests could not be saved from illegality by an asserted overriding business purpose pursued in good faith. ..... . the board's discretion under these sections is not without substantial limits imposed by the policy of the act and the requirement that the board "disclose the basis of its order" and "give clear indication that it has exercised the discretion with which congress has .....

Union of India (Uoi) Vs. Aruna Machine Tools Super B-iii

Court : Andhra Pradesh

Reported in : 2005(2)ALD356; 2005(2)ALT391

..... civil court or a claims commissioner appointed under the provisions of the railways act,-(a) relating to the responsibility of the railway administrations as carriers under chapter vii of the railways act in respect of claims for-(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;(ii) compensation payable under section 82-a of the railways act or the rules made thereunder: and(b) in respect of the claims for ..... courts in india have taken the view that the object of service of notice under this provision is essentially to enable the railway administration to make an enquiry and investigation as to whether the loss, destruction or deterioration was due to the consignor's laches or to the wilful neglect of the railway administration and its servants and further to prevent stale and possibly dishonest claims being made when owing to delay ..... as per sub-clause (a) of sub-section (1) of section 106 of the act, a person so as to claim compensation may issue a notice of loss, destruction, damage or non-delivery to the railway ..... in its order, the learned tribunal came to the conclusion that the consignor issued a valid notice under section 106 of the railways act, 1989 (the act, for brevity), that the appellant herein is liable to pay the compensation for nondelivery of the subject ..... recorded by the learned tribunal that there was a valid notice under section 106 of the act .....

Amar Nath Sehgal Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 117(2005)DLT717; 2005(30)PTC253(Del)

..... on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property adopted by 102 states parties on 14th november 1970, india being a signatory, in its preamble records, inter alia:''considering that, to avert these dangers, it is essential for every state to become increasingly alive to the moral obligations to respect its own cultural heritage and that of all nations, ..... interpret section 57 of the copyright act, 1957 in its wider amplitude to include destruction of a work of art, being the extreme form of mutilation, since by reducing the volume of the authors creative corpus it affects his reputation prejudicially as being actionable under said section. ..... have the right -(a) to claim the authorship of the work; and(b)to restrain, or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation.provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of ..... added thrust was given to contemporary creativity, preservation, documentation and conservation of the cultural heritage and to established ..... it may be a matter of opinion, but certainly, treatment of a work which is derogatory to the reputation of the author, or in some way degrades the work as conceived by the .....