Court : Orissa
Decided on : Sep-28-1989
Reported in : AIR1990Ori223; 69(1990)CLT213
..... jurisdiction to appoint non-hereditary trustees in respect of a religious institution where there are no hereditary trustees. 'religious institution' has been defined in the act in section 3(xiii) to mean 'a math, a temple and endowments attached thereto or a specific endowments and includes an institution under direct management of state ..... assistant commissioner of endowments (o.p.no. 2) issued an order to the inspector of endowments, khurda purporting to be one under section 12 read with section 7 of the act authorising the latter to enter into the premises of the institution, make an inventory of the properties, records and funds in presence of ..... the assistant commissioner would have no jurisdiction to appoint non-hereditary trustees unless he determines the said question in a properly constituted proceeding under section 41 of the act.6. the commissioner while disposing of the revision perused the management file in respect of the institution and came across a report of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-28-1989
Reported in : 1990(1)WLN383
..... of this court held that the prosecution cannot succeed in the challan case on account of the fact that the findings in case under section 3, read with section 112 of the motor vehicles act that surya narain was not driving the vehicle at the time the occurrence took place will have to be considered as binding on all ..... rajasthan) which, was preferred against the judgment of rajasthan high court. in that case the accused was acquitted of offence under section 20 of the arms act and was prosecuted for offence under section 392 read with section 397 ipc and the only evidence against him consisted of the statement of the approver and the evidence of recovery of the gun ..... their lordships of the supreme court, they also considered this aspect of the matter and held that the acquittal of pritam singh lohra of charge under section 19(f) of the arms act would tenramount to a finding that prosecution has failed to established the possession of the revolver ex. 56 by him. the possession of the revolver .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-28-1989
Reported in : AIR1991P& H143
..... notice was sent vide copy annexure p/ 5. it was pleaded that according to the act, the functions of board and its office bearers were separately defined and the marketing board is entirely different from its office bearers. the relevant sections which define the powers, duties and responsibilities of the board are tabulated in the form of ..... in the written statement filed on behalf of the state, it was specifically pleaded that action has been taken against the board under s. 3(8) of the act becuase it was not functioning properly and was also guilty of mismanagement but no replication has been filed on behalf of the petitioner-board controverting the same. thus, ..... of grounds was irrelevant. similar view was taken by the supreme court in air 1967 sc 1353 while dealing with a case under the city of nagpur corporation act whereby the corporation was superseded by the state government. in that case, it was held that such order of the state government superseding the nagpur municipal corporation .....
Tag this Judgment!Court : Kerala
Decided on : Sep-28-1989
Reported in : 1990CriLJ100
..... or proved against him in any criminal proceeding except a prosecution for giving false evidence by such person. in deciding what is said is 'compelled', his liability under section 132. evidence act will have to be taken into account. placing a man on trial for an offence on his own evidence alone is contrary to the traditions of justice in ..... justice. it is still more pitiable if an alleged confession made to a police officer spoken to by him is accepted as substantive evidence in violation of section 25 of the evidence act to convict him. there is not even a single item of oral or documentary evidence on the side of the prosecution to show that appellants are responsible ..... is a distinct one for which his trial along with the other persons is not warranted by the provisions of the code, section 319 has no application. so also the proviso to section 132 of the evidence act will have to be borne in mind. the answers which a witness shall be compelled to give while examined in court cannot .....
Tag this Judgment!Court : Chennai
Decided on : Sep-28-1989
Reported in : (1990)1MLJ355
..... is placed upon the above decision by learned counsel for the second respondent.15. it is no doubt true that after the introduction of section 11a in the industrial disputes act,' power has been conferred on the labour court or the industrial tribunal to interfere with punishment awarded by the management if it is ..... a strike period is serious misconduct warranting dismissal.12. it is contended by learned counsel for the second respondent that after the introduction of section 11a in the industrial disputes act, the tribunal of labour court has a very wide power to interfere with the punishment awarded by the management. according to learned counsel, ..... second respondent is guilty of such riotious and disorderly behaviour which would deprive him of his gratuity under the payment of gratuity act also. section 4 (2) (vi) of the payment of gratuity act provides that 'notwithstanding anything contained in sub-clause (1), the gratuity payable to an employee may be wholly or partially forfeited .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1989
Reported in : 1990(25)ECC169; 1989(44)ELT598(SC); [1990]186ITR440(SC); JT1989(4)SC184; 1989(2)SCALE804; (1989)4SCC592; [1989]SuppSCR311; [1989]Supp1SCR311; 1990(1)LC93(SC)
..... supdt. of central excise : 1986(23)elt313(kar) , where it was decided that the words as being subject to a duty of excise appearing in section 2(d) of the act are only descriptive of the goods and not to the actual levy. 'excisable goods', it was held, do not become non-excisable goods merely by the reason ..... the pre-budget stocks were very much excisable goods and that for the purpose of collecting duty, date of manufacture was not material under the scheme of the act even though the taxable event is the manufacture. it was, therefore, contended that at the time of manufacture of the goods in question, the goods were excisable ..... , j.1. this is an appeal under section 35l of the central excise & salt act, 1944 (hereinafter referred to as the act).2. the appellant is a manufacturer of various types of food products known as sapaghetti, macaroni, vermicelli, etc., falling under heading no. 1902.10 of the central excise tariff act. the appellant filed classification list effective from 1st .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-28-1989
Reported in : AIR1990P& H329
ORDERM.M. Punchhi, J.1. The petitioner is a member of scheduled castes. He had over 50 per cent marks in the qualifying examination in the 10 + 2 system in order to stake claim to admission in an Engineering College/Institute in the State of Punjab. Statedly there are four institutions which cater to the needs of such aspirants as the petitioner. The Punjab University to whom these colleges are affiliated and institutions attached holds a combined entrance test for determining the merit of candidates seeking admission coming from various sources of qualifying examinations having regard to their equivalancy.2. The petitioner sat in the combined entrance test and obtained 7 1/2 per cent marks approximately. The Government instructions in that regard being Annexure P1 specifically state that for 20 per cent reservation of seats meant for Scheduled Castes and Scheduled Tribes a candidate, in order to obtain admission relatively on merit, must secure 10 per cent marks in the combined entran...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-28-1989
Reported in : (1990)(25)ECC220
..... sufficient for acceptance of the invoice value for purposes of section 14 of the customs act, 1962 as the value under the section is a deemed value being the price at which such or like goods are ordinarily sold or offered for sale for delivery at the time ..... of the appellant's goods as also the object of the donation of the machine.hence they want the invoice value to be accepted for assessment of duty section 14(1) of the customs act, 1962 also as there is no doubt about the genuineness of the transaction. however, we find that the genuineness of the transaction by itself is not ..... levying a fine in lieu of confiscation of rs. 1,00,000/-. a penalty of rs. 25,000/- was also imposed on the appellants under section 112 of the customs act, 1962.the facts in brief are that the appellants imported in september, 1987, one unit second hand stone edge cutting machine for which they declared cif value of rs. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : AIR1990MP326
..... decree lawfully passed in his favour, by no stretch of reasoning can it be said that he threatens to dispossess the plaintiff by doing any wrongful act. powers under section 151 of the code cannot beinvoked because the aforesaid specific provision is available. the decisions in lakha singh's case air 1982 delhi 348 and ..... that possession of the snack bar has not yet been handed over to him. it was stated in the application under section 8 of the act that according to the applicant, period of three years commenced from august 1982. in the application, relief for temporary injunction restraining the appellants from handing ..... several reminders, you may possibly have forfeited the right for arbitration.' 6. in the circumstances set forth above the respondent filed the aforesaid application under section 8 of the act on 30-4-83 praying for appointment of independent arbitrator in order to decide the dispute between the parties. the contention of the respondent is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : 1990MPLJ709
..... there is no other alternative suitable accommodation available in the local area of indore. a certificate no. 230/be/w, dated 1-12-1981, as required under section 20-aa of the act, issued by the controlling officer, shri v. k. agrawal, divisional engineer, west city division, mpeb, indore, was produced. the appellant denied all the allegations, ..... the mpeb on attainment of the age of superannuation.5. shri a. k. chitale, learned counsel for the appellant, contended that the special provision under section 20-aa of the act is in the nature of a draconian law, as merely by filing a certificate issued by the controlling officer of the retired government servant, a decree ..... providing summary procedure for disposal of such cases ******.'20. therefore also, there cannot be any conclusion other than the one that the special provision under section 20-aa of the act was enacted for a landlord who was appointed to a public service or post in connection with the affairs of the state and was duly retired .....
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