Court : Supreme Court of India
..... before us that classification was made in favour of a specified class i.e., the teachers as defined under section 2(7) and 2(8) of the karnataka state universities act 1976 (hereinafter called the act ). the classification thus made in favour of teachers cannot be held to be discriminatory. such classification was held permissible ..... the west virginia supreme court of appeals: i have very few illusions about my own limitations as a judge. i am not an accountant, electrical engineer, financer, banker, stockbroker or system management analyst. it is the height of folly to expect judges intelligently to review a 5000 page record addressing the intricacies of ..... unless the policies are contrary to statutory or constitutional provision or arbitrary or irrational or an abuse of power . indian drugs & pharmaceuticals ltd. v. workmen, (2007) 1 scc408 29. in para 19 of the aforesaid judgment of the constitution bench, an important observation has been made about whether the court can impose financial .....
Tag this Judgment!Court : Supreme Court of India
..... has sought only declaratory reliefs and has not sought further or consequential reliefs. in the circumstances, the suit is barred under the provisions of the sr act. section 34 of the sr act reads as under: 34. discretion of court as to declaration of status or right. any person entitled to any legal character, or to any right as ..... no.rs 4 which had been sub let to defendant no.1 and a copy of the cooperation agreement dated 24th december, 2007 which was in fact not acted upon was also filed along with complaint. acting on the said complaint, paradeep port trust authority had issued show cause notice to the plaintiff on 20th january, 2009 and thereafter ..... trust authority for the purpose of its export business in iron ore. that defendant no.1 and the plaintiff had entered into a cooperation agreement on 24th december, 2007 but according to the plaintiff, the same was not given effect to. that defendant no.1, through its managing director sunil banna, tried to blackmail the plaintiff .....
Tag this Judgment!Court : Supreme Court of India
..... judgment was of the opinion that there was no tangible material or reason for the ao to reopen the assessment. the high court also considered the scheme of section 183 of the finance act, 2016 and noted that immunity was given in respect of amounts declared and brought to tax in terms of such a scheme. therefore, the ao could ..... this amount would lead to double taxation, which is contrary to the scheme of the act itself. analysis and conclusions 18. section 147 of the act authorizes the re-opening of any assessment of a previous year3. section 148, which contains the conditions for re-opening 2 2007 (7) scr765 3 147. income escaping assessment if any income chargeable to tax, in ..... could have made a declaration, but it was done in respect of the same amount regarding the partner of the firm made disclosures. what 10 2006 supp (8) scr91411 2007 (8) scr23318 would be the effect of his subsequent retraction is not a matter which we are required to deal with herein. it is one thing to say that .....
Tag this Judgment!Court : Supreme Court of India
..... cross- examination. because such an opportunity was not granted, the tribunal held that the principles of natural justice stood violated.6. the present appeal under section 15z of the act is against this judgment of the tribunal. we heard shri c.u. singh, senior advocate, assisted by shri pratap venugopal for sebi and shri vaibhav gaggar ..... of law have developed the art and technique of finding the correct meaning by looking at the words in their context. in reserve bank of india v. peerless general finance investment company ltd. & ors.17, justice o. chinnappa reddy, observed: 33. interpretation must depend on the text and the context. they are the bases of ..... 2)(k) & 4(2)(r) of the sebi (prohibition of fraudulent and unfair trade practices relating to securities market) regulations, 20034 was issued on 10.10.2007.3. the show cause notice was premised on the information obtained after investigation on the following:3. 1 the company made huge profits from undeclared business and sale .....
Tag this Judgment!Court : Supreme Court of India
..... which provides for the levy and collection of tax on the conduct of paper lotteries within the state of kerala, at such rates as specified in section 6 of the act. the act provides for the following two rates, applicable based on the nature of the draw: (a) ten lakh rupees for every bumper draw; (b) ..... scholars for a variety of reasons. first, they represent an important source of government revenue in many states and countries, so they are of interest to public finance economists. second, lotteries provide researchers interested in micro- economic theory and consumer behavior with a type of experimental lab that allows economists to explore these topics.107. ..... accept advance tax. in addition, a companion petition was filed challenging section 10 of the aforesaid act which was decided by 10 the learned single judge of the high court of kerala on 10th january, 2007 and thereafter affirmed by the division bench on 30th march, 2007. the matter came up to this court and vide order dated 16th .....
Tag this Judgment!Court : Supreme Court of India
..... relaxation in the format to bank guarantee was rightly not provided to the respondent.19. the specific relief act, 1963 was amended by central act 18 of 2018 when clause (ha) was inserted in section 41 of the said act to say: (ha) if it would impede or delay the progress or completion of any infrastructure project ..... scc6515 favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available to ..... particular tender, particularly when it comes to technical evaluation, is not to be second-guessed by a writ court. thus, in jagdish mandal v. state of orissa, (2007) 14 scc517 this court noted: 22. judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. its purpose is to .....
Tag this Judgment!Court : Supreme Court of India
..... .18. the appellants then rely on the replies given by the department, to the replies to queries (dated 29-08-2007, 30-10-2007, 13-11-2007 and 28-11-2007) made under the right to information act ( rti ). the reply to the rti query10 the restrictions on filling up of direct recruit vacancies imposed by the government ..... present controversy is reproduced below: office memorandum subject: general principles for determining the seniority of various categories of persons employed in central services. as the ministry of finance, etc. are aware, the general principles for determination of seniority in the central services are contained in the annexure to ministry of home affairs om no. ..... engineer (for short "ame") in a.p. state road transport corporation, held that rota rule is inbuilt in the quota prescribed in item 3, annexure 'a' (section b) to a.p. srtc employees (recruitment) regulations, 1966 and could not be deviated from. in that case, the appellant promotees were promoted to the posts of .....
Tag this Judgment!Court : Supreme Court of India
..... , as the case may be, goods and services tax administration, who were allocated to different ccas. section 4 of the customs act 1962 provides that the central board 4 of indirect taxes and customs may appoint such persons as it ..... .............................................................. 10 b.1 executive instructions issued by dopt .................................................. 10 b.2 circulars issued by department of revenue, ministry of finance ....... 14 c submissions .....................................................................................................1 9 d analysis ............................................................................................................2 6 3 part a a facts 1 a division bench of the ..... the central administrative tribunal had been moved for challenging an order of transfer from indore to nagpur on the 30 (2007) 8 scc79339 part d ground that an inter-zonal transfer was prohibited in the department of central excise and customs .....
Tag this Judgment!Court : Supreme Court of India
..... (1) . this court observed that if the subject matter was capable of being raised by way of a claim under section 14 of the trai act, it would not be logical to 27 (2007) 7 scc517( tata teleservices ) 39 part e exclude the power to raise a counterclaim. having held that the tdsat had jurisdiction to entertain a counter ..... their equities for a total sum of rs 24,493 crores in favour of foreign companies. therefore, it was absolutely necessary for dot to take the opinion of the finance ministry as per the requirement of the government of india (transaction of business) rules, 1961. (iii) the officers of dot who attended the meeting of the ..... dot who virtually gifted away the important national asset at throw-away prices by wilfully ignoring the concerns raised from various quarters including the prime minister, ministry of finance and also some of its own officers. this becomes clear from the fact that soon after obtaining the licences, some of the beneficiaries offloaded their stakes to others .....
Tag this Judgment!Court : Supreme Court of India
..... this regard, the law giver has purported to grant relief to an appellant. the second proviso contemplates that section 129(e) as substituted would not apply to stay applications and appeals which are pending before the appellate authority prior to the commencement of the finance act (2) of 2014. the amended provision, as we have already noticed has come into force from 06 ..... .08.2014. therefore, in regard to stay applications and appeals which were pending before any appellate authority prior to commencement of the finance (no.2) act 2014, section 129e as substituted would not apply. substitution of a .....
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