Court : Allahabad
Decided on : Feb-08-1989
Reported in : AIR1991All27
..... possible to entertain the present petition in which thepetitioner has merely sought a declaratory judgment on the constitutionality of the provisions of u. p. public services tribunal act.10. for the reasons stated above the petition is dismissed at the admission stage.11. after the above order was passed counsel for the petitioner prayed ..... chairman of the tribunal. this decision, therefore, is clearly distinguishable and cannot be applied to the tribunals constituted under the u. p. public services tribunal act particularly as the order or judgment passed by such tribunals are open to judicial scrutiny and review by the high court apart from being amenable to the supervisory ..... services tribunal although it is stated that his claim petition is pending before the u. p. public services tribunal. he wants a mere declaration that the act under which the tribunal has been constituted is unconstitutional.3. it is true that the powers available to a high court under art. 226 of the constitution .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-08-1989
Reported in : AIR1989SC836; (1989)1CompLJ280(SC); (1989)76CTR(SC)9; [1989]176ITR155(SC); JT1989(1)SC226; 1989(1)SCALE367; (1989)1SCC760; [1989]1SCR570
..... assessee and allowed the appeal, whereupon at the instance of the revenue the aforesaid question was referred and the case was stated to the high court under section 66(1) of the 1922 act. the high court found for the assessee and against the revenue. that has led : to the present appeal by special leave.3. as pointed out ..... while the explanation contained in section 23 a (1) of the act required that in course of the previous year the shares were freely transferable by the holders to other members of the public, the company came to ..... on transfer of shares was removed. so was the limit on number of shareholders. on the basis of the amendment the assessee claimed relief under section 23 a (1) of the 1922 act by pleading that all the statutory requirements were satisfied. the income tax officer refused to accept the stand of the assessee on the 1 ground that .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-08-1989
Reported in : AIR1990Bom228
..... the parties rejected this amendment. the reason for rejecting the claim was that the suit was pending before the court of small causes and sec. 7 of the small cause courts act does not empower the small causes court to grant any injunction. according to the trial court when the court taking seisin of the case ..... which have a tendency to decide the rights and liabilities of the parties, becomes susceptable to the revisional jurisdiction of the high court under section 25 of the provincial small cause courts act. this court, therefore, is competent to entertain this revision. the order challenged is thus susceptible to the revisional jurisdiction of this court.6 ..... for the respondent raised a preliminary objection that the revision is not maintainable either under s. 115 of the code of civil procedure or sec. 25 of the provincial small cause courts act. what he urged was that the revisional jurisdiction flowing from both these provisions is restricted to the case which has been decided by .....
Tag this Judgment!Court : Delhi
Decided on : Feb-08-1989
Reported in : AIR1989Delhi297; [1992]73CompCas459(Delhi); 1990(18)DRJ17
..... no. 2(b) or strike out her name. 9. the names of the applicant be struck out also in view of the provisions of sections 211, 303 and 304 of the indian succession act. section 211 provides that the executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all ..... the property of the deceased person vests in him as such. under section 303, a person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of the executor, while there is no rightful executor administrator in existence, such a person ..... makes himself an executor of his own wrong. such a person, under section 304, is answerable to the rightful executor or administrator, or to any .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-08-1989
Reported in : 96CWN827,(1993)IIILLJ199Cal
..... of the respondent no. 2 was without justification. it was further held that it was a case of retrenchment without complying with the provisions of section 25f of the industrial disputes act. the tribunal further held that, since the termination of service of the respondent no. 2 was not justified, he was entitled to reinstatement in ..... which sen was asked to perform as a geologist was totally different from that of a transport engineer under burma shell co. or aircraft maintenance engineer under indian explosive. he merely took the assistance of manual labourers, such as drillers and samplers. the surveyors would merely locate the drill holes according to the plan prepared by ..... the disputed property was a tank.21. in the case of baldev singh v. union explosives, 76 cwn 342 it was held by this court that the appellant baldev singh was not a workman within the definition of industrial disputes act and could not raise an industrial dispute and the tribunal had no jurisdiction to entertain or .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1989
Reported in : II(1989)ACC103; AIR1989All221
..... against whom the claim has been made.' 13. it may be recalled that claims tribunals were established after an amendment had been made in the motor vehicles act in 1957. section 96(2) earlier provided that the insurer will not be liable for satisfying the judgment unless the insurer had a notice of the commencement of the proceedings ..... supreme court) held that an insurer can not challenge in appeal the award of compensation by the claims tribunal on any otherground than what is contained in section 96(2) of the act. this, however, does not appear to be the correct position. in itbar singh, the supreme court was not dealing with the matter at the appellate ..... (1958) 65 acj 1 : (air 1959 sc 1331), the insurance company was not entitled to challenge the award on any ground other than those contained in section 96(2) of the act.3. the learned counsel for the appellant, however, submits that both the points raised by way of preliminary objection are not sustainable and the contentions are against .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-08-1989
Reported in : 1989(1)Crimes443(SC); JT1989(1)SC247; 1989MPLJ366(SC); 1989(1)SCALE330; (1989)1SCC715; [1989]1SCR560; 1989(1)LC610(SC)
..... our people to deal firmly the menace of dowry deaths, again, there are sweeping changes made in the dowry prohibition (amendment) act, 1984. a new offence called 'dowry death' has been created by introducing sec, 304-b in the penal code. it raised presumption of culpability against the husband or relative hitherto unknown to our jurisprudence. it ..... to secure post-mortem in case of suicide or death of a woman within seven years of her marriage. section 113-a has been introduced in the evidence act, 1872 raising presumption of cruelty as defined under section 498a ipc against the husband or his relative if the wife commits suicide within a period of seven years ..... those' who commit atrocities on them. in 1961 the dowry prohibition act (act 28 of 1961) was passed prohibiting the taking or giving dowry. by the criminal law (second amendment) act, 1983 (act 46 of 1983) chapter xx-a was introduced in the penal code with section 498a creating a new offence of cruelty. it provides for punishment to .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1989
Reported in : 1989CriLJ1177
..... passive role in helping the girl in giving shelter in the house or accompanying her to hospital for medical treatment cannot amount to taking within the meaning of section 361 i.p.c.9. the question whether there has been 'taking' must be decided with reference to the circumstances of the case including the question whether ..... further argued that his taking of kumari chhoti to t.t.c. hospital lucknow and getting her admitted there for medical treatment does not amount to offence under section 363 or 366 ipc and he has been wrongly convicted for these offences. there is much force in this contention also. there is solitary statement of kumari chhoti ..... . w. 7) investigated the case. he interrogated the witnesses, inspected the place of incident, prepared site-plan and submitted charge-sheet against the appellant for the offences under sections 363, 366 and 376 i.p.c.3. kumari chhoti was sent to dufferine hospital lucknow for medical examination. there she was examined by dr. (smt.) uma sahni .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Feb-08-1989
Reported in : (1989)(23)LC644Tri(Chennai)
..... 173q by issue of a show cause notice. it should not be forgotten that after all the powers which the superintendent of central excise is exercising under section 33 of the act and under rule 173q of the rules are quasi-judicial powers clothing the aggrieved person with a right of appeal before the competent appellate authority. we, ..... collector, in exercise of his powers of correctional jurisdiction such order of superintendent could be called in question and rectified in terms of section 35e(2) of central excises and salt act, 1944. section 35e(2) of the act reads as under: 35-e(2) "the collector of central excise may, of his own motion, call for and examine ..... of central excise, while exercising his power of adjudication in assessing the rt-12 returns of the appellants by virtue of the powers conferred on him under section 33 of the act, has made the assessment and has not invoked the penal provisions in terms of rule 173q, the irresistible inference is that the adjudicating authority viz. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-08-1989
Reported in : (1989)(22)LC339Tri(Delhi)
..... and filed written submissions denying the charges. on adjudication, the additional collector of customs, by his impugned order - (a) confiscated timber valued at rs. 4.79 lakhs under section 111 (m) of the act but gave the appellants an option to redeem the same on a fine of rs. 5 lakhs; (b) imposed a penalty of rs. 50,000/- on the appellants ..... under section 112 of the act and rs.1000 under section 117; and (c) ordered that the appropriate duty leviable on the goods valued at rs. 4.79 lakhs be recovered and that, for the rest of the ..... account also the grace period of 60 days. in this connection, it is significant to note that the additional collector had not proceeded against the goods under section lll(d) of the customs act which he should have invoked though he had held the goods as not having been covered by a valid licence. all that he holds against the goods and .....
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