Court : Supreme Court of India
Decided on : May-25-2006
Reported in : AIR2006SC2190; 2006(4)ALD53(SC); (2006)3CALLT53(SC); 102(2006)CLT452(SC); 2006CriLJ2903; [2007(1)JCR209(SC)]; (2007)1MLJ804(SC); 2006(6)SCALE308; (2006)5SCC399; 2007(1)SLJ1
..... order in exercise of its jurisdiction to punish any person for contempt of court, then only an appeal shall be maintainable under sub-section (1) of section 19 of the act. as sub-section (1) of section 19 provides that an appeal shall lie as of right from any order, an impression is created that an appeal has been provided ..... acquitting/exonerating the contemnor or dropping the proceedings for contempt. in all these cases, it was held that an appeal was not maintainable under section 19 of cc act as the said section only provided for an appeal in respect of orders punishing for contempt.10.1) in baradakanta mishra, a three judge bench of this court ..... delay by merely stating that the delay of 728 days had not been properly explained, and consequently dismissed the appeal. the said order dismissing the application under section 5 of limitation act, 1963 and consequently, dismissing the appeal, is challenged in slp(c) nos. 13045-46 of 2003.9. on the aforesaid facts and the contentions urged, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-2006
Reported in : JT2006(12)SC513; 2006(9)SCALE577; 2007(2)SLJ133(SC)
..... of forest rangers' between uttar pradesh and uttaranchal was done in february, 2004 with effect from 9.11.2004 by the government of india under section 73(1) of u.p. reorganisation act, 2000 till the stage of this final allotment, any dispute pertaining to their seniority was obviously the matter of jurisdiction of the state of uttar pradesh ..... union of india : air1991sc284 . . that the seniority rules of 1991 were not taken into consideration by the high court. rule 8 of the seniority rules, states that, section 8: where appointments from any source fall short of the prescribed quota and appointment against such unfilled vacancies are made in subsequent year or years, the persons so appointed shall ..... time. in that view of the matter, it must be held that the state of kerala took a conscious decision to the effect that those who have been acting in a higher post for a long time although on a temporary basis, but were qualified at the time when they were so promoted and found to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC2475; 102(2006)CLT95(SC); 2006CriLJ3290; I(2006)DMC698SC; [2007(1)JCR364(SC)]; JT2006(4)SC300; RLW2006(4)SC2809; 2006(4)SCALE103; (2006)9SCC467
..... death', and such husband or relative shall be deemed to have caused her death.explanation.- for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whosoever commits dowry death shall be punished with imprisonment for a term which shall not ..... dowry death on proof of certain essentials. it is in this background that presumptive section 113b in the evidence act has been inserted. as per the definition of 'dowry death' in section 304b ipc and the wording in the presumptive section 113b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is ..... v. raj gopal asawa and anr. : 2004crilj1791 , it is stated:10. section 113b of the evidence act is also relevant for the case at hand. both section 304b ipc and section 113b of the evidence act were inserted as noted earlier by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-2006
Reported in : 2006(12)SCALE621; (2007)5VST1(SC)
..... case exceeded 40% of the purchase price, therefore, the resale price was deemed to be the first point sale. according to the scheme of the act, particularly sub-section (1) of section 8 did not envisage double taxation in the same state. in the instant case, the appellant company had paid sales tax on purchase of petroleum ..... course of arguments mr. g.e. vahanvati, the learned solicitor general laid emphasis on the following submissions:a) that, according to the provisions of the act, particularly sub-section 1 of section 8 read with explanations 1 & 2 did not envisage double taxation;b) that, the appellant on purchase of petroleum products from the brpl had already paid ..... by the appellant company even though passed on to the 'oil pool account' had to be included in the 'sale price' as defined under sub-section (34) of section 2 of the act. the appellant aggrieved by the said judgment of the learned single judge filed a writ appeal before the division bench of the high court. the division .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-2006
Reported in : 2006(200)ELT357(SC); JT2006(7)SC121; 2006(7)SCALE464; (2006)6SCC340
..... and additional duties of excise. the explanation to that notification stated that the word 'mine' will have same meaning as assigned to it in clause (j) of section 2 of the mines act, 1952.3. a show cause notice was issued to the appellant by the superintendent of central excise, range-korba vide office letter dated 3.9.1996 for recovery ..... in a mine from excise duty. the explanation to the exemption notification states that 'mine' has the meaning assigned to it in section 2(j) of the mines act, 1952. clause (viii) of section 2(j) of the mines act, 1952 defines 'mine' to include 'all workshops and stores situated within the precincts of a mine and under the same management and ..... of central excise duty amounting to no. 31,59,704/- under the provisions of rule 9(2) read with section 11a of the central excise act, 1944, alleging contravention of rules 9(1), 52a, 53, 173b, 173c, 173g, 174 and 226 read with notification no. 63/95-ce dated 16.3 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-13-2006
Reported in : 2006(202)ELT209(SC); JT2006(9)SC331; 2006(9)SCALE170; (2006)7SCC735; 2006(2)LC1233(SC)
..... cause notice was issued for the period covering assessment year 1986-87 (residual part), 1987-88 and 1988- 89. the extended period under proviso to section 11(a) of the central excise act, 1944 (in short the 'act') was invoked. after considering these submissions made by the respondent, these two show cause notices were adjudicated and duty demand of rs.12,20,936 ..... alia, package type air conditioners falling under tariff item no. 29-a of the erstwhile tariff and chapter heading no. 84.15 of the central excise tariff act, 1985 (in short the 'tariff act'). according to the appellant, the respondent was selling the air conditioners by assembling the same at site through orders procured from various authorities by way of tenders/contracts .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-2006
Reported in : AIR2006SC1445; 2006(2)BomCR517; [2007(1)JCR234(SC)]; JT2006(2)SC516; 2006(1)KLT931(SC); 2006(2)SCALE409; (2006)3SCC74
..... energy of the andhra pradesh state electricity board was filed. the said terms and conditions of supply were notified by the board in exercise of powers conferred by section 49 of the electricity (supply) act, 1948. a prayer was made to grant opportunity to cross examine certain officials of the appellant no. 1-corporation on the basis of whose statements the final ..... statements or reports, may be the cross examination of any person who has prepared the accounts is not necessary. but if any statement or report is made pointing out the act of pilferage, the petitioner shall be entitled to call the said person for cross examination.4. learned counsel for the appellants submitted that the high court's view about the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-11-2006
Reported in : 2006(202)ELT23(SC); JT2006(12)SC478; 2006(9)SCALE124; (2006)10SCC368
..... shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under the act.sub-section (8) of section 9a was inserted by the finance act 2000 and that act also inserted section 9aa. finance act 2004 amended section 9a(8).6. in this connection it may be mentioned that up to 1947 ..... decision vide s.n. mukherjee v. union of india : 1990crilj2148a .we do not agree with the tribunal that the notification of the central government under section 9a is a legislative act. in our opinion, it is clearly quasi-judicial. the proceedings before the da is to determine the lis between the domestic industry on the one hand ..... per cent export-oriented undertaking', 'free trade zone' and 'special economic zone' shall have the meaning assigned to them in explanation 2 to sub-section (1) of section 3 of the central excise act, 1944 (1 of 1944).(3) if the central government, in respect of the dumped article under inquiry, is of the opinion that -(i) there .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-28-2006
Reported in : AIR2006SC1270; 2006(1)CTLJ145(SC); JT2006(3)SC1; 2006(2)SCALE712; (2006)4SCC109
..... to both sets of cases i.e. allotment of commercial sites as well as residential, made by the chandigarh administration and chandigarh municipal corporation. section 2 of the act deals with definition. section 2(b) defines 'amenity' as under:2(b). 'amenity' includes roads, water-supply, street lighting, drainage, sewerage, public building, ..... . but to say that this is a condition precedent, that is not the correct approach in the matter. 'amenity' has been defined under section 2(b) of the act which includes roads, water-supply, street lighting, drainage, sewerage, public building, horticulture, landscaping and any other public utility service provided at chandigarh. ..... contended before us that the word, enjoy immovable property necessarily means that the administration should provide all the basic amenities as appearing under section 2(b) of the act for enjoying that allotment. the expression 'premium' appearing in the present context does not mean that the allot tees/ lessees cannot enjoy .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-2006
Reported in : JT2007(1)SC279; (2007)ILLJ996SC; 2006(13)SCALE319
..... v. peep chand pandey and anr. : air1993sc382 wherein casual employees were found to come within the purview of section 14(1) of the act holding:.an examination of section 14 and section 3(q) clearly indicates that the act covers a very wide field, and there is nothing to suggest that the provisions dealing with the jurisdiction of the ..... the nomenclature of payment is not decisive. our attention in this connection has also been drawn to the definition of 'post' as contained in section 3(k) of the act.6. the scheme was floated by the central government with certain objects. the staff pattern at the project level has been laid down in the ..... precise types of personnel whom the state government consider fit for such work. 2. anganwadi workers filed an application purported to be under section 15 of the administrative tribunals act, 1985 (for short 'the act') before the karnataka state administrative tribunal. in one of such applications being nagarathna b.k. and ors. v. the secretary, social .....
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