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    [0] =>  .....  circumstances, it was urged that the approval granted on 29.10.99 was liable to be set aside. it was further submitted that the scheme under section 17a of the 1957 act is not to disturb the existing rights which stood crystallized in favour of the appellants vide g.o. no. 1290; that, the grant of mining ..... the learned counsel urged that the state government being the competent authority for granting surface rights over the land and also for granting mining lease under section 5(1) of the 1957 act after sanctioning the lease in favour of the appellant, had directed the district collector to implement g.o. no. 1290. further, learned counsel  ..... the official gazette, reserve any area for exploitation by the government, a corporation established by any central, state or provincial act or a government company within the meaning of section 617 of the companies act, 1956 (central act 1 of 1956).(2) availability of area for regrant to be notified:- no area which has been reserved by the government ..... 
    [1] =>  ..... what the legal limits of that power are. that is a question of law and must therefore be decided by the courts.(underlined for emphasis)section 9 of the judicial review procedure act, 1996 (canada) states that the court may reject an application for judicial review of a statutory power of decision, if there is mere  .....  the offers. hence there is no predetermined number of offers that will be considered in the final phase. 5.6 technical pre-qualification criteria and factors this section sets out the pre-qualification criteria and pre- qualification factors that will be used to assess each of the two global pre-qualification factors.pre-qualification pre- .....  legal adviser to the transaction,amss being amarchand & mangaldas & suresha. shroff & co. 5. evaluation of stage 2 offers 5.1 overview of evaluation process this section sets out the approach that will be applied by the aai and its advisers when evaluating offers. general guidance in relation to the relative importance of each of the ..... 
    [2] =>  ..... money coupled with other circumstances lead to the conclusion that the respondent received gratification from some person, the court would certainly draw a presumption under section 4(1) of the prevention of corruption act. in the instant case, the recovery of 35 notes of the denomination of 100 is fully proved by badan singh pw1 and two other ..... the basis of evidence on record that the respondent had received bribe and, therefore, he is guilty of the offence under sections 7 and 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988. the respondent was convicted by the special judge on the basis of overwhelming evidence on record. the high court  .....  that the respondent is clearly guilty of the offence and the special judge was fully justified in convicting the respondent under sections 7 and 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988. the high court erroneously set aside the well reasoned judgment of the special judge.15. in view of the ..... 
    [3] =>  .....  of pay arose for all intent and purport. as was rightly held by the learned single judge, different terminologies used did not make any material difference. section 4 of the act itself contemplates implementation of a settlement. settlement, therefore, entered into by and between the parties was required to be interpreted having regard to the intention of  .....  by way of gratuity in terms of the scheme was 30 days wages for each completed year of service. 10. 'wages' has been defined in section 2(s) of the act in the following terms:'wages' means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions ..... learned senior counsel appearing on behalf of the respondent, on the other hand, submitted that the amount of gratuity is required to be calculated in terms of section 5 of the act and in that view of the matter the rate prescribed therefore must be computed at par with the settlement. the high court, the learned counsel would  ..... 
    [4] =>  ..... court should not have placed reliance on her deposition.(iii) the courts below failed to take into consideration the plea taken by the appellant in his examination under section 313 of the code of criminal procedure which reads as under:why the prosecution witnesses are deposing against you? ans: deceased vishwanath was unemployed. he was having .....  high court, however, held the said dying declarations to be reliable. it upheld the judgment of the learned trial judge holding the appellant to be guilty under section 302 of the indian penal code and sentencing him to undergo rigorous imprisonment for life.4. mr. s.v. deshpande, learned counsel appearing on behalf of the ..... it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the  ..... 
    [5] =>  ..... 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 ..... 
    [6] =>  ..... 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.  ..... 
    [7] =>  ..... 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 ( ..... 
    [8] => 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 ..... 
    [9] =>  .....  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 ..... 
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