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Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)

..... would come later. rule 187 has reference to section 3(vi). it prescribes that bodies of persons subject to the act are to be treated a 'corps' for the purpose of chapter iii and section 43(a) of the act and chapters ii and iii of the rules.12. at this stage it would be profitable to refer to article 33 of the ..... not below that of captain.7. section 118 confers power on general or summary general court-martial to try any person subject to the act for any offence punishable therein and to pass any sentence authorised thereunder. chapter xi prescribes procedure of court-martial. section 129 provides that every court-martial shall and every district or summary general court martial may, ..... (y) is to be a corps for the purposes of chapter iii and section 43(a) of the act and chapters ii and iii of the act. sub-rule (3) provides that for the purposes of every other provision- i.e., other than chapter iii and section 43(a) of the act and chapters ii and iii of the rules-each of the body of persons .....

D.S. Gowda Vs. Corporation Bank

Court : Karnataka

Reported in : [1985]57CompCas668(Kar)

..... and unsecured debts and not on secured debts. mortgages for fixed sums ordinarily carried only simple interest. 64. in the paget's law of banking, eighth edition (1972), chapter v. page 133, it is stated : 'there is no common law right to charge even simple interest on an overdraft but the claim could be supported on the ..... the then prevailing excess or deficiencies in the banking system. the basic postulate of the social control scheme, as stated by the then deputy prime minister & minister of finance in parliament on december 14, 1967, was : 'to ensure that particular links or groups of clients are not favoured in the matter of distribution of credit and ..... to b.r. act under s. 5a. 86. this contention, in our opinion, proceeded on the misconception of the provisions of s. 5a. the directives issued by the reserve bank, no doubt, have a statutory force. they lay down the guidelines about the methodology of operations, policy, procedure and the rate of interest in financing or advancing loans .....

Asoka Oil Mills and ors. Vs. Sales Tax Officer and ors.

Court : Kerala

Reported in : [1985]58STC282(Ker)

..... expert committee which had recommended the abolition of provisional assessments altogether, so that the assessing authorities could devote their full time for final assessments, and that the finance minister had made a policy statement in this regard in the budget speech. the retention of sub-rule (9) of rule 21 at least, it was ..... sold; and 'taxable turnover' means the turnover on which tax is payable, after permissible deductions. section 16(1) in chapter v, dealing with 'assessment, collection and penalty', provides that :the tax under this act shall be assessed, levied and collected in such manner as may be prescribed.section 17(1) obliges every dealer who is ..... levy and collection 'in such manner and in such instalments as may be prescribed'. the court held that in the absence of a specific provision in the act itself authorising the making of rules for provisional or advance assessment and collection of the tax so assessed, the provisions of the turnover and assessment rules relating .....

Pran Krishna Goswami and ors. Vs. State of West Bengal and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1605; [1985(51)FLR461]; 1985LabIC1257; (1986)ILLJ278SC; 1985(1)SCALE1024; 1985Supp(1)SCC221; [1985]3SCR914; 1985(2)SLJ39(SC)

..... same cadres discharge similarly functions and bear similar responsibilities.'(c) in the light of the aforesaid observations of the hon'ble supreme court the provisions in finance department memo no. 568-f dated 20.2.68 were examinedin consultation with the law officers of government and the public service commission. the west ..... hon'ble supreme court in the patwardhan v. state of maharashtra case ( : [1977]3scr775 ). previously the seniority was determined under provisions laid down in the finance department memo no. 568-f dated 20. 2. 68. prior to 20.2.68, there was no codified principles, the respective departments following principles that ..... police regulations, calcutta were framed under section 3 of the calcutta suburban police act, 1866 and section 9 of the calcutta police act. chapter xv dealt with method of recruitment, qualifications for appointment including age and conditions of service. paragraph 3 of chapter xv dealt with sub-inspectors not belonging to the armed branch. to the .....

Kanta Mehta Vs. Union of India and Others

Court : Delhi

Reported in : [1987]62CompCas769(Delhi)

..... 1977, from private limited companies to firms and that they are having common partners, i.e., in order to avoid the rigour of chapter iii-b, the reserve bank of india act and the companies act : the petitioners are resorting to the device of functioning as individuals. so, if no law was to be made regulating the activities ..... rs.7,216.8 crores are in the exempted category. this statement,of course, only applies to the companies covered under the companies act and also chapter iii-b of the reserve bank of india act. it does not include deposits with the financial corporations like the petitioners. but it does show that a very large portion of the ..... own. thus, loan or finance companies were already subject to the regulation and supervision of the directions of the reserve bank issued by it in pursuance of powers under chapter iii-b of the reserve bank of india act, and it would have been superfluous to include these financial institutions within section 58a of the act. 23. now, elaborate rules .....

P. Tej Raj Sharma Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1986KAR2701; 1986(2)KarLJ24

..... 19(1)(g).6. at the outset it is necessary to bear in mind the legal position of a state transport undertaking when dealt with under chapter iv-a and chapter-iv of the act. if an approved scheme in respect of a notified area or a notified route is in force, state transport undertaking alone is entitled to operate vehicles ..... stdc, institutions of union of india and the state concerned respectively and the department of tourism of any state, all of which are established at the expense of public finance for promoting tourism in the country as a whole which is undoubtedly in public interest, for being the instrumentalities or departments of states, they would be in a better ..... sought to be achieved, namely, promoting tourism. there can be no doubt that i, t. d. c. and k. s. t. d. c, as also tourist department financed by the state would, with better organisation and net-work, be in a position to provide better vehicles and comforts to the tourist passengers, and attract more and more tourists .....

Sheet Metal Workers Vs. Eeoc

Court : US Supreme Court

..... 438 u.s. at 438 u. s. 353 , n. 28 (opinion of brennan, white, marshall, and blackmun, jj.); see also boston chapter, naacp. inc. v. beecher, 504 f.2d 1017, 1027-1028 (ca1 1974), cert. denied, 421 u.s. 910 (1975); united ..... in a variety of ways. in an attempt to encourage nonwhite interest in the apprenticeship program, petitioners were required to finance recruiting efforts at vocational schools and to create summer and part-time sheet metal jobs for qualified vocational students. nonwhite apprentices ..... of race or religion, and no one will be given a vested right to demand employment for a certain job"); id. at 1994 (remarks of rep. healy) ("opponents of the bill say that it sets up racial quotas for job[s]. . . . ..... district court found petitioner union and petitioner apprenticeship committee of the union guilty of violating title vii of the civil rights act of 1964 by discriminating against nonwhite workers in recruitment, selection, training, and admission to the union. the court ordered .....

Ajit Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR1989J& K18

..... an entry in the certificate of iregistration regarding the existence of thesaid agreement. j(2) when the ownership of any motor!vehicles registered under this chapter is itransferred and the transferee enters into ahire-purchase agreement with any person theregistering authority shall, on receipt of an application from the parties to ..... . the vehicles are offered as security for such loans. in the absence of any provision in the act in regard to such hypothecation, it has been pointed out that banks, etc., are reluctant to finance the purchase of vehicles.this clause provides for the endorsement of hire-purchase or hypothecation agreements on certificates ..... have been made in thesection for the benefit of the individualtransporters as well. according to sub-section (5d) of section 31-a of the act, the competentauthority can renew the route permit evenwithout no objection certificate if the personconcerned satisfies it about the circumstancesshowing that the no objection certificateshad been .....

ion Exchange Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)(16)ECC29

..... hindustan petroleum corporation ltd. v. collector of central excise, bombay (4) punjab rubber and allied industries v. union of india and ors. [1983 (12) elt 54 (punjab)]; (5) secretary, finance v. w.s. insulators [1983 (14) elt 2184 (madras)]; (6) flocks (india) pvt. ltd. v. government of india [1983 (12) elt 197 (allahabad)].the learned advocate pleaded ..... under tariff item 15a(1)(ii). in the written submissions by the learned advocate for the appellants in this regard our attention has been drawn to the explanatory note chapter 39 of the b.t.n. on which, it has been pleaded, item 15a(1) has been modelled and also referred to the harmonised tariff in this regard ..... therefore the said order of the collector (appeals) had attained finality and the recovery of the differential' duty would not attract section 11a of the central excises and salt act, 1944. in this connection, he also cited the order of the collector (appeals) dated 12-2-1982 as a part of the same proceedings when the assistant .....

Commissioner of Income-tax Vs. Sri Venkateswara Hatcheries (P) Ltd.

Court : Andhra Pradesh

Reported in : (1988)71CTR(AP)80; [1988]174ITR231(AP)

..... facts and in the circumstances of the case, the appellate tribunal was justified in holding that the assessee is an industrial company within the meaning of the finance act of the relevant assessment year 3. whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that relief ..... purpose of section 54e. we find likewise a total prohibition in section 80hhb(5) which provides that notwithstanding anything contained in any other provision of this chapter (chapter via), no part of the consideration or of the income comprised in the consideration payable to the assessee for the execution of a foreign project referred to ..... not include newspapers, journals, magazines, diaries, etc., by whatever name called. 22. we have referred above only to the provisions contained in chapter vi-a so far. there are provisions outside chapter vi-a also. see for instance section 20(5) and section 36b (2). 23. we have referred to the aforesaid provisions at some .....