Court : Allahabad
Decided on : Dec-16-2003
Reported in : 2004(2)AWC1242
M. Katju and Umeshwar Pandey, JJ.1. This writ petition has been filed against the impugned order of the U.P. Public Service Tribunal dated 3.3.1993 (Annexure-6 to the writ petition).2. Heard learned counsel for the parties.3. The respondent No. 1 had worked on purely temporary and ad hoc basis as routine grade clerk in the District Election Office. Ballia from 10.3.1980 to 30.6.1980 and thereafter he again worked in short term arrangement as routine grade clerk from 21.8.1981 to 31.8.1981, and then from 3.9.1981 to 30.9.1981, The respondent No. 1 worked during this period on a purely ad hoc, casual and temporary basis and not after any regular selection. Thereafter the respondent No. 1 worked from 4.3.1982 to 31.10.1982 on purely temporary basis and again from 6.2.1985 to 31.3.1985. All these appointments were on short term, ad hoc basis for the purpose of elections which were held from time to time.4. As stated in paragraph 5 of the respondent's own claim petition before the U.P. Publ...
Tag this Judgment!Court : Guwahati
Decided on : Dec-16-2003
..... the background of financial difficulties faced by the state government, banning creation or up-gradation of posts. apart from this, the order was made applicable to all public section undertakings, autonomous bodies and banks that are financially assisted by the government in the form of grant-in-aid, share capital contribution, etc.8. the state of ..... from time to time by taking measures of imposing ban on appointment, restricting promotions and down sizing cadre strength and direction to local bodies and autonomous bodies to act as per the directions of the state government, etc. the decision so taken by the government, in our considered view, cannot be termed as violative of the ..... such applicants have obtained orders in their favour for appointment under the die-in-harness scheme.19. suffice to say, the state government is at liberty to act on the policy decision taken by the government on 29th october, 2002 and it is not for this court to adjudicate on this policy decision in the present .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-16-2003
Reported in : 2004(1)ALT779
G. Bikshapathy, J.1. The Writ Petition is filed by the Central Government challenging the Order passed by the Central Administrative Tribunal in O.A.No. 3 of 2001, dated: 12-3-2003.2. The respondent filed an O.A. challenging the Order dated: 29-9-1997 passed by the Assistant Superintendent of Post Office, Bhadrachalam, Khammam Division removing the respondent from service as confirmed by the appellate and revisional authorities. The respondent, who is an applicant before the tribunal was appointed as Extra Departmental Delivery Agent (for brief 'E.D.D.A.'), Pinapaka in Bhadrachalam sub-area with effect from 15-9-1981. While he was working at Pinapaka, he applied for leave from 6-2-1996 to 25-2-1996 on the ground that his brother-in-law fell sick and he has to be treated at Hyderabad. Ultimately, his brother-in-law expired. It is also his case that on account of the tremendous stress, he also fell sick and could not resume duty. A charge memo dated: 30-12-1996 was served alleging that h...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Dec-16-2003
Reported in : (2004)(93)ECC483
..... 23.7.96, vide serial no. 28.9 of the table annexed to the said notification. we note that the definition of the term "factory" as per section 2(e) of the central excise act, 1944 is as under: "factory" means any premises, including the precincts thereof, wherein or in any part of which excisable goods other than salt are manufactured, or ..... has also confirmed a duty demand of rs. 3,12,935 on nitrogen manufactured and cleared for non-plant and non-manufacturing activities under the proviso to section 11 a(1) of the act. he has also appropriated the sum of rs. 92,464 debited by the appellant vide sl.no. 1044 dated 27.8.99 and another sum of rs. 20 ..... order dated 26.2.2001 by which he has confirmed a duty demand of rs. 92.464 towards samples cleared to their lab and r & d department under proviso to section 11a(1) of the ce act, 1944. he has also confirmed a duty demand of rs. 20,430 on the raw materials cleared as samples outside their factory under proviso to .....
Tag this Judgment!Court : Kerala
Decided on : Dec-15-2003
Reported in : 2004(1)KLT565
..... such a contention was not available to them. it is further contended that rule 5 is beyond the rule making power of the government as contained in section 22 of the act, which did not enable the executive government to exercise the power of subordinate legislation to bring about a prohibition on attachment by courts.5. the rules have ..... and sale of properties by court will not come within the definition of 'transfer' as contained in section 2(g) of the act. section 2(g) of the act reads as follows:'2(g) 'transfer' in relation to immovable property, means an act by which immovable property is conveyed by any documentary or oral transaction, whether by way of mortgage with ..... quashing exts.p4 and p6 orders taking the view that the court sale will not come under 'transfer' as defined in section 2(g) of the act and therefore, there was no restriction as imposed by section 4. the learned single judge also found that the contention of the appellants that there was prohibition of attachment and sale .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD419; 2004(2)ALT41
..... commission and the resultant ppa and the conditions therein are binding on the 1st respondent, it is necessary to look into the provisions of the act.34. section 21 of the reforms act deals with the restrictions on licensees and generating companies. the said provision is extracted as under for ready reference;(1) no licensee or generating ..... (2), (3), or (4) unless made with or subject to such consent as aforesaid, shall be void. 35. clause (b) of sub-section (4) of section 21 of the reforms act postulates that the licensee - transco may enter into agreement for the purchase of electricity from a generating company, only with the consent of the commission and subsection ..... in other words, the 1st respondent had the knowledge that the ppa was entered into only pursuant to the sanction given by the commission under section 21(4)(b) of the reforms act. in such a case, the agreement that is entered into between the petitioner and the 1st respondent should be understood as consequential to the .....
Tag this Judgment!Court : Uttaranchal
Decided on : Dec-15-2003
Reported in : II(2004)BC241
..... or non-payment of the dues, then such disputes shall be settled by arbitration or conciliation as provided under arbitration and conciliation act, 1996. under section 12 of the impugned npa act, 2002, reserve bank of india is empowered, in public interest, to issue guidelines/directions to any securitisation company/reconstruction company ..... long term assets, management of liquidity, asset liability mis-matches and reduction of non-performing assets by adopting measures for recovery/reconstruction. under section 2(zf) the npa act, 2002, 'security interest' is defined as any type of security including mortgage and charge on immovable properties given by the borrower to ..... of any securitisation company or reconstruction company registered with the reserve bank of india as a public financial institution for the purpose of section 4a of the companies act, 1956;(g) defining 'security interest' as any type of security including mortgage and change on immovable properties given for due repayment of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD(Cri)506; 2004CriLJ1634
..... a sentence of imprisonment of either description for a term which may be less than five years, but which shall not be less than two years.' section 3(1)(xi) of the sc and st act reads as follows :'3. punishment for offences of atrocities(1) whoever, not being a member of a scheduled caste or scheduled tribe,(xi) assaults or uses ..... description for a term which may be less than five years, but which shall not be less than two years.'7. whereas, the penal provision under section 3(1)(xi) of the sc and st act makes the offence punishable upto 5 years and with fine, and the minimum punishment being 6 months.8. hence, these aspects have to be kept in ..... , ipc to undergo r.i. for 5 years and also imposition of fine of rs. 100/-is set aside. the conviction and sentence imposed under section 3(1)(xi) of sc and st act to undergo s.i. for 6 months along with imposition of sentence of fine of rs. 100/-is confirmed. the period of custody is ordered to be given .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD526; 2004(1)ALT787
..... suffer from irregularity, the effect of the subsequent proceedings need not be gone into.23. for the foregoing discussion, the surcharge proceeding under sub-section (1) of section 60 of the act and the sale notice issued under rules 52 and 53 of the rules are liable to be set aside and accordingly they are set aside. ..... considered view would be a futile exercise.19. apropos the contention of the learned government pleader that pursuant to the surcharge order passed under section 60(1) of the act, proceedings under section 70 have been issued and consequently the execution as prescribed under rules 52 and 53 have also been initiated, it is to be noted ..... have been initiated against her for the irregularities allegedly committed by her late husband while he was in office. therefore, the surcharge order passed under section 60(1) of the act and the consequential proceedings initiated under rules 52 and 53 of the rules are illegal. secondly; no proper opportunity by way of conducting an .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-2003
Reported in : (2004)187CTR(Mad)562; [2004]266ITR27(Mad)
..... the assessee and held that the assessee was not liable to deduct tax at source and therefore, all the proceedings taken against the respondent were without jurisdiction.5. section 194b of the act, which was inserted with effect from 1-4-1972, as it stood at the relevant year, is captioned 'winnings from lottery or crossword puzzle'. it reads ..... tribunal was right in holding that distribution of prizes under the district level gift linked savings mobilisation scheme did not constitute 'lottery' and the provisions of section 194b of the income tax act are not applicable and if applicable, as to whether the tribunal was right in cancelling the penalty imposed.2. in order to encourage thrift as ..... , issued notice to the respondent treating him as the assessee in default. additional sum of rs.2,39,919/- was also demanded as interest under section 201(1-a) of the act. subsequently, penalty in a sum of rs.29,17,792/- equal to the amount of tax that had allegedly required to be, but not with-held, .....
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