Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC199; [2006(111)FLR898]; [2007(3)JCR72(SC)]; 2006(10)SCALE362; (2006)10SCC572; 2007(2)SLJ1(SC)
..... by the appellant without considering the subsequent events. according to him, the disclosure statement made by mr. g.c. luthra subsequently on 19.7.2001 under sections 406/420 ipc should have been considered. this contention deserves to be rejected outright. the disciplinary enquiry was completed on 3.2.1998. the appellant was ..... proved misconduct of a bank officer. 13. in disciplinary authority-cum-regional manager v. nikunja bihari patnaik : (1996)iillj379sc this court held that a bank officer's acting beyond his authority constituted misconduct and no further proof of loss is necessary. in the case of regional manager, u.p. srtc. v. hoti lal : (2003 ..... nil balance. thus, sh. suresh pathrella had misappropriated an amount of rs. 10.00 lac without the consent and authority of the beneficiary. by his above acts sh. suresh pathrella has violated regulation 3(1) of oriental bank of commerce officer employees (conduct) regulations, 1982 which is punishable under officers' discipline and appeal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC204; 2007(2)ALT91(SC); 2007(1)AWC947(SC); [2008(2)JCR139(SC)]; JT2006(10)SC121; (2007)11SCC600
..... they had acquired title by adverse possession ?(2) whether the lower appellate court was right in overlooking that the plaintiff had been excluded even before the coming into force of act 30 of 1956 and had thereby lost her right by exclusion and ouster ?(3) whether the lower appellate court was right in omitting to note the suit instituted 12 years ..... by both the sons of raju naidu and step sons of the plaintiff but without any result. one year before filing of the present suit, defendant nos.1 & 2 started acting against the interest of the plaintiff and they stopped giving the income to the plaintiff. then they alienated item nos. 3 to 8 of the scheduled properties to defendant no .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : JT2006(10)SC187; 2007(1)MPHT196; 2006(11)SCALE5; 2007(3)SLJ329(SC)
..... the essential qualifications stipulated in the advertisement were the minimum. 4. the state of madhya pradesh, in exercise of its power conferred upon it by sub-section (2) of section 15-a of the madhya pradesh vishwavidyalaya adhiniyam, 1973 made rules known as madhya pradesh state university service rules, 1982 (for short, 'the 1982 rules ..... in articles 14, 15 and 16 of the constitution of india are heart and soul of our constitution. a constitutional authority, although, would be presumed to act fairly, this court, while laying down the norms on which such statutory authorities must function keeping in view the possibility of showing nepotism or favoritism in favour ..... or the other, laid down the same having regard to the doctrine of reasonableness and with a view to refrain the constitutional and statutory authorities from acting arbitrarily. the sole purpose of issuing such directions by this court had been to uphold the doctrine of equality enshrined in our constitution. we have noticed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : 2006(10)SCALE369; 2006(3)ShimLC319
..... appears that the investigating officer procured the album containing the photographs with the names written underneath and showed this album to the eyewitnesses and recorded their statements under section 161 crpc. the procedure adopted by the police is not justified under law as it will affect fair and proper investigation and may sometimes lead to a ..... hours from lodging of the first information report on the basis of his description given in the fir.3. appellant was charged for commission of an offence under section 302 of the indian penal code. he pleaded not guilty thereto. the prosecution in support of its case examined ten witnesses. pw-2 was the complainant in ..... was the younger sister of the deceased. appellant herein was an employee of the state reserves police. he was an accused of commission of an offence under section 326 of the indian penal code for causing hurt to another autorickshaw driver machindra baburao thombare (pw-2). the deceased was called upon to mediate in the said .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2006
Reported in : AIR2007SC168; 2006(4)ARBLR202(SC); 2007(4)BomCR447; (2006)6CompLJ425(SC); 2006(5)CTC357; JT2006(10)SC41; 2006(11)SCALE459
..... the one hand and decrees and orders on the other and they chose to eschew the use of the word 'award' for the purposes of the insolvency act.section 15 of the arbitration act, 1899 provides for 'enforcing' the award as if it were a decree. thus a final award, without actually being followed by a decree (as was ..... , ramshai v. joylall : air1928cal840 , ghulam hussein v. shahban air 1938 sindh 220. in ramshai v. joylall (supra) , the calcutta high court held as follows:(a) presidency town insolvency act, section 9(e) - attachment in execution of award is not one in executive of a decree. attachment in execution of an award is not attachment in the execution of a decree ..... accordance with the award. per fletcher moulton l.j., 'an application for a bankruptcy notice is not a method of enforcing an award within section 12 of the arbitration act, 1889.' e) section 325 of the cpc of 1859 provides that 'the court shall proceed to pass judgment according to the award--and upon the judgment which shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2006
Reported in : (2006)206CTR(SC)857; 2006(204)ELT193(SC); [2007]289ITR8(SC); JT2006(9)SC535; 2006(10)SCALE541
..... been made although the scheme was not applied, but the same may not per se confer a right of obtaining any immunity in terms of section 91 of the act. clause (iii) of section 95 while laying down the exceptions, enumerates offences under chapter ix or chapter xvii of the ipc and certain other statutes. it also makes an ..... is to be filed by a person who would come within the purview of the said term, as has been stated in the interpretation clause contained in section 2(k) of the act. section 88 provides for a declaration to be made by a person and, 'declarant' means a person making a declaration. the applicability of the provisions of ..... private parties became entitled to immunity from prosecution, the official respondents would also be covered thereby.(ii) the high court misconstrued and misinterpreted the provisions of section 95 (iii) of the act.(iii) public servants were not entitled to any relief under the said scheme and far less immunity from prosecution.8. dr. manish singhvi and mr. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2006
Reported in : 2007(1)AWC8(SC); 2007(2)CTC830; [2007(2)JCR284(SC)]; 2006(11)SCALE71; (2006)10SCC696; 2006(3)ShimLC382; 2006(2)LC1432(SC)
..... thinks fit, to be temporary members of the board for exercising its powers under this clause; 17. the tribunal had been constituted for the purposes mentioned in section 83 of the 1995 act. it is an adjudicatory body. its decision is final and binding but then it could not usurp the jurisdiction of the board. our attention has not been ..... have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any ..... an application for getting her name mutated in respect of the property in question. it was dismissed on 4.2.1967. she thereafter filed an application under section 25 of the 1954 act for registering the dargah as a wakf. a notice was issued to subhan shah and others who were the heirs of the said hazrat sha walli ( .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2006
Reported in : 2006(112)ECC616; 2006LC616(SC); 2006(203)ELT529(SC); JT2006(9)SC491; 2006(11)SCALE78; 2006(2)LC1428(SC)
markandey katju, j.1. these appeals have been filed under section 35l(b) of the central excise act, 1944 against the impugned order of the customs excise and service tax appellate tribunal (hereinafter referred to as 'the tribunal'), south zone bench, bangalore dated 10.5.2005.heard learned ..... and not furniture, and hence were not subject to the levy of excise duty.in this connection we may refer to chapter sub-heading 9403 of the central excise tariff act, 1985 which reads as under:other furniture and parts thereof 6. learned counsel for the appellants submits that the word 'furniture' means objects which are moveable and are complete before .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2006
Reported in : 2006(112)ECC592; 2006LC592(SC); 2006(203)ELT532(SC); JT2006(9)SC469; 2006(11)SCALE81; (2007)1SCC62
..... alia on a finding that the same could not have been done during pendency of proceedings for final assessment.appellants are, thus, before us.8. sub-section (1) of section 11-a of the act reads as under:1a. recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded.- (1) when any duty of ..... a short contention in support of this appeal. a provisional assessment being also an order of assessment and keeping in view the purport and object for which section 11-a of the act was enacted and read with the definition of 'relevant date', the jurisdiction thereunder can be invoked even after a provisional assessment is made and before a final ..... is trite, the golden rule of literal interpretation should be applied. the difficulty which may be faced by the revenue is of no consequence. the power under section 11-a of the act can be invoked only when a duty has not been levied or paid or has been short-levied or short-paid. such a proceeding can be initiated within .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2006
Reported in : [2006(111)FLR1178]; JT2006(9)SC520; 2006(11)SCALE95; (2006)11SCC684; 2006AIRSCW5963; 2007ILLJ429(SC)
..... wages and he has not completed 240 days, is not in dispute. retrenchment of respondent by appellant, therefore, did not require compliance of the provisions of section 25f of the act. section 25g introduces the rule of 'last come first go'. it is not a rule which is imperative in nature. the said rule would be applicable when ..... he was not in continuous service. he never made any complaint prior to raising any industrial dispute that appellant had not complied with the provisions of section 25g or section 25h of the act.9. the labour court committed a serious error in opining that only because his name was not included in the muster roll of july, 1987 ..... the applicant workman under the respondents/management has not completed one year continuous service according to the definition of one year continuous service as contemplated under section 25(b) of the act. therefore the issue no. 1 is decided in favour of the respondents/management against the applicant. it was further held that the plea of .....
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