Court : Delhi
..... 5.2 conjoint reading of section 252 of income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 provides that the selection board/committee is well within their rights and powers to evolve its own procedure for selection and where the selection board is of the opinion that it shall not be practicable to call all the candidates for interview, it shall ..... considering the huge number of applications received for the above-mentioned posts, the interim search-cum-selection committee deemed it fit to conjointly read section 252 of the income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. ..... it is submitted that section 252 of the income tax act, 1961 is to be read in conjunction with the income tax appellate tribunal members (recruitment and conditions of service) rules 1963 which have been framed in exercise of the powers conferred by the proviso to article 309 of the constitution of india. ..... 5361/2019 & 5365/2019 page 6 of 7 court is of the view that rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 empowers the selection board to evolve its own procedure. ..... members of the income tax appellate tribunal invoked rule 4a of income-tax appellate tribunal members (recruitment and conditions of service) rules, 1963 which empowers them to evolve its own procedure for selection of the members .....
Tag this Judgment!Court : Delhi
..... 5.2 conjoint reading of section 252 of income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 provides that the selection board/committee is well within their rights and powers to evolve its own procedure for selection and where the selection board is of the opinion that it shall not be practicable to call all the candidates for interview, it shall ..... considering the huge number of applications received for the above-mentioned posts, the interim search-cum-selection committee deemed it fit to conjointly read section 252 of the income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. ..... it is submitted that section 252 of the income tax act, 1961 is to be read in conjunction with the income tax appellate tribunal members (recruitment and conditions of service) rules 1963 which have been framed in exercise of the powers conferred by the proviso to article 309 of the constitution of india. ..... 5361/2019 & 5365/2019 page 6 of 7 court is of the view that rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 empowers the selection board to evolve its own procedure. ..... members of the income tax appellate tribunal invoked rule 4a of income-tax appellate tribunal members (recruitment and conditions of service) rules, 1963 which empowers them to evolve its own procedure for selection of the members .....
Tag this Judgment!Court : Guwahati
..... 81 of 1961, wherein that act was declared invalid by this court by judgment dated august 1, 1963, which judgment was reversed by the honourable supreme court by judgment dated april 1, 1968, and that thereafter only the letters dated april 7, 1975, and april 25, 1976, were issued to the petitioner-company. ..... this writ petition was moved on july 4, 1975, and rule was issued and interim stay granted on the same day. 5. ..... municipal committee : [1966]59itr73(sc) state of mysore v. ..... where an executive authority has been empowered to collect a tax by an invalid law or rules made thereunder, the court is entitled to interfere. ..... state of assam, : [1964]5scr975 decided on 13th december, 1963, held the act of 1961 to be valid. 6. ..... the validity of the act of 1961 was also challenged and this court, by a judgment and order dated august 1, 1963, declared the act to be ultra vires. ..... the petition is allowed and the rule made absolute. ..... state of rajasthan, : [1963]2scr255 bharat kala bhandar ltd. v. ..... superintendent of taxes (civil rule nos. ..... meanwhile, the validity of the act of 1954 was challenged in civil rule nos. ..... been collected, had been set aside, to the cases in which only orders for refund of money were sought and that when the claim for refund could not be brought within any statute or statutory rule, . ..... the respondents further state that the act of 1961 was challenged by the petitioner-company in civil rule no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , learned counsel for the petitioner that when enquiry was directed under section 40(b) of the apmc act to enquire into the affairs of the market committee, ghatanji, as provided under rule 117(4) of the maharashtra agricultural produce marketing (development and regulation) rules, 1967, the report of the said inquiry committee ought to have been submitted to the director and the director should have passed such order thereon as may be considered just by him after giving ..... respondent no.1 in his affidavit in reply has submitted that since there were certain irregularities found in the audit reports and since there were complaints against market committee, ghatanji, before him as well as before the arcs, ghatanji, regarding violations of sections 31 and 34 of the apmc act, as well as bye-law nos ..... armori dated 3-9-85 has been passed without consulting the federation of market committees as enjoined by proviso to section 45(1) of the maharashtra agricultural produce marketing (regulation) act, 1963. ..... the order dated 24.12.2013, passed by the district deputy registrar, cooperative societies, yavatmal, under section 45(1) of maharashtra agricultural produce marketing (development and regulation) act, 1963 (hereinafter referred to as `the apmc act') superseding the agricultural produce market committee, ghatanji (hereinafter referred to as 'apmc, ghatanji') and appointing an administrator to look after the affairs of the said market committee, is under challenge in the present petition. .....
Tag this Judgment!Court : Mumbai
..... , learned counsel for the petitioner that when enquiry was directed under section 40(b) of the apmc act to enquire into the affairs of the market committee, ghatanji, as provided under rule 117(4) of the maharashtra agricultural produce marketing (development and regulation) rules, 1967, the report of the said inquiry committee ought to have been submitted to the director and the director should have passed such order thereon as may be considered just by him after giving ..... respondent no.1 in his affidavit in reply has submitted that since there were certain irregularities found in the audit reports and since there were complaints against market committee, ghatanji, before him as well as before the arcs, ghatanji, regarding violations of sections 31 and 34 of the apmc act, as well as bye-law nos ..... armori dated 3-9-85 has been passed without consulting the federation of market committees as enjoined by proviso to section 45(1) of the maharashtra agricultural produce marketing (regulation) act, 1963. ..... the order dated 24.12.2013, passed by the district deputy registrar, cooperative societies, yavatmal, under section 45(1) of maharashtra agricultural produce marketing (development and regulation) act, 1963 (hereinafter referred to as `the apmc act') superseding the agricultural produce market committee, ghatanji (hereinafter referred to as 'apmc, ghatanji') and appointing an administrator to look after the affairs of the said market committee, is under challenge in the present petition. .....
Tag this Judgment!Court : Delhi
..... however, it is equally settled that the courts can interfere with the decision of the departmental authorities where the departmental inquiries have been held against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode on inquiry or where the findings or conclusions reached by the departmental authorities are based on no evidence or perverse or such which no prudent person would have reached. ..... further there was nothing on record to show that appropriate purchase procedure namely call of tenders, constitution of a tender committee, approval of the accepting authority and the like was followed. ..... in the process shri sharma has failed to maintain devotion to duty and absolute integrity and thus violated the provisions of rule 3 of ccs (conduct) rules, 1964. ..... shri sharma has conducted himself in a manner unbecoming of a nift officer and a public servant and has failed to maintain devotion to duty and absolute integrity, thus attracting the mischief of rule 3 of ccs (conduct) rules, 1964. ..... in the process shri sharma has conducted himself in a manner unbecoming of a nift officer and has failed to maintain devotion to duty and absolute integrity and thus violated the provisions of rule 3 of ccs (conduct) rules, 1964. ..... sharma has, in the process, violated the provisions of rule 3 of ccs (conduct) rules, 1964. ..... sharma has, in the process, violated the provisions of rule 3 of ccs (conduct) rules, 1964. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2976; 2007(6)ALD11(SC); JT2007(10)SC378; 2007(10)SCALE321; (2007)8SCC212; 2008(1)SLJ433(SC); 2008(1)LHSC501; 2007AIRSCW5419
..... the enquiry officer held the inquiry strictly in accordance with the provisions of the railway service (discipline and appeal) rules, 1968 in the presence of the respondents and finally found them guilty of misconduct on the basis of the evidence led before ..... conducted departmental inquiry against the respondent in accordance with the provisions of the railway services (discipline and appeal) rules, 1968 and during the said inquiry, the above-said charges were proved against the respondent. ..... cases involving railway employees and a non-compliance if any of such instructions, would not amount to vitiation of the entire departmental proceedings initiated against the respondents for their misconduct in terms of the service rules, therefore the judgment of the high court upholding the order of the tribunal is untenable and unsustainable. 14. ..... conducted departmental inquiry against the respondent-delinquent on the above said charges as per the provisions of the railway services (discipline and appeal) rules, 1968 and held that both the charges were proved against the delinquent. ..... a departmental inquiry conducted under the railway services (discipline and appeal) rules, 1968, the inquiry officer found the above-said charges proved against ..... in order that such executive instructions have the force of statutory rules, it must be shown that they have been issued either under the authority conferred on the central government or the state government by some statute or under some provision of the .....
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT528
..... the orissa education act, 1969, the state has the authority to keep the inspector of schools in charge of the institution in absence of the managing committee therefore, in view of rule 28 of the 1991 rules, the moment the educational institution became an aided one, the ex-managing committee which had been constituted for the unaided institution became defunct and cannot pass any order with regard to management of the institution as well as the ..... the proposition of law that as soon as the institution became an aided one, under rule 28 of the 1991 rules the managing committee of the institution was required to be reconstituted and as a matter of fact a proposal was submitted for reconstitution of the managing, committee and the question of reconstitution was being considered by the competent authority. ..... since no proposal was sent for reconstitution of the managing committee as provided under rule 28 of the aforesaid rules, under the direction of the director, the inspector of schools was kept in charge of the ..... for the petitioner, submitted that with the change of status of the school which became an aided one with effect from 1-6-1994, the managing committee which was constituted for the unaided educational institution became defunct in the eye of law, as under rule 28 of the orissa education (establishment, recognition and management of private high school) rules, 1991 after a school is declared t'o be an aided one, the managing committee is required to be reconstituted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(5)SC186; 2006(4)SCALE638; (2006)11SCC634; 2006(3)SLJ334(SC)
..... 4 years; provided that the out-going managing committee shall, unless the state government otherwise directs, continue to function till another managing committee is constituted under these rules;provided further that no person shall be eligible to hold office of president or vice-president or elected member of the managing committee continuously for more than two terms unless a period of two years has elapsed after then expiry of the term of the managing committee in which he last hold office of president ..... appointment of managing committee member by the registrar -(1) notwithstanding any limits prescribed in the bye-laws, in order to represent appropriate interest, the registrar shall have powers to appoint an additional number of members for the managing committee, not exceeding one-third of the number of elected member:provided that the total number of committee members so appointed or nominated and elected under clauses (a) (b), (c) and (d) of sub-rule (1) of rule, 38 shall not exceed the maximum limit laid down under sub-rule (2) of rule 38.1. ..... (6) on receipt of a direction from the registrar under sub-rule (5), the committee of society shall notwithstanding any provision to the contrary in the bye-laws, place or cause to be placed the paid officer or servant under suspension forthwith. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001CriLJ4563
..... government of india, applied the principle applicable to habeas corpus petition that if on the date of the return of the rule the custody or detention is on the basis of the valid order, such habeas corpus cannot be granted also to the matter where application is made by an accused for his release on bail under section 167(2) proviso for want of ..... and the proviso to section 167(2) of code of the criminal procedure, ruled that the said proviso to section 167(2) read with section 20(4) of the t.a.d.a. ..... it is settled by constitution bench decisions that a petition seeking the writ of habeas corpus on the ground of absence of a valid order of remand or detention of the accused, has to be dismissed, if on the date of return of the rule, the custody or detention is on the basis of a valid order.'11. ..... section 16 empowers the state government to make rules to carry out the purposes of the act. ..... the apex court ruled that the applicability of the proviso to section 167(2) of the code of criminal procedure is not excluded by any of the provisions of the n.d.p.s. ..... code of criminal procedure and various judgments, in paragraph 48 of the report, ruled, thus : -'48. .....
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