Court : Andhra Pradesh
Decided on : Dec-17-1993
Reported in : 1994(1)ALT123
..... may be, on an overall relative assessment of their service record, the supreme court held that -'under the amended regulations the committee is required to categorise officers in four categories on the basis of overall assessment of service record of officers. after categorisation the committee is ..... from the vice of arbitrariness............'22. in r.s. dass v. union of india, : [1987]1scr527 . while dealing with regulation no. 5 (4) of the indian administrative service (recruitment) rules, 1954, which provide that the selection committee shall classify eligible officers as 'outstanding', 'very good', 'good' or 'unfit', as the case ..... should show due regard to the opinion expressed by the experts constituting the selection committee and its recommendations in all cases where the selection committee acted fairly and on the basis of objective considerations which are discernible from the proceedings.33. the courts will interfere if the assessment is patently .....
Tag this Judgment!Court : Allahabad
Decided on : May-18-1993
Reported in : AIR1993All258
..... sec. (3) 'directing the notification not to have effect until confirmed by the tribunal. the direction, as issued, under the later part of the proviso neither adds to nor amends or varies the notification in any manner. if, in fact, it could be said, has the effect of variation of the legislative mandate contained in sub-sec. (3), ..... to hoist national flag in kashmir.and whereas the following criminal (sic) have been registered against sri i.c.s. abdul nazar madani under ss. 153a and 153b of the indian pneal code (45 of 1860)(a) karangapally p.s. (distt. kollam) case no. 109/92 dated 20th march, 1992 under s. 153a;(b) kundaram i.s. (district ..... of the order in the impeached notification by taking shelter of s. 21 of the general clauses act, 1897(act no. 10 of 1897) for brevity hereinafter referred to as 'the general clauses act'), which is. as extracted;'power to issue, to include power to add to amend, vary or rescind, notification, orders rules or bye-laws where, by any central .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-03-1993
Reported in : 1994(0)MPLJ162
..... whether the word 'proceedings' mentioned in section 141, civil procedure code includes proceedings under order 9 or not. the said controversy has been put at rest by making amendment of section 141, civil procedure code and explaining that the proceeding includes a proceeding under order 9 of civil procedure code. therefore, it is clear that the provisions contained in ..... on the basis of the merits of the case, the remedy of the present petitioners was either to file an appeal under section 54 of the act or by a revision under section 115 of the code of civil procedure. the petition filed under section 151, civil procedure code for restoration of the case was ..... the said court further held that the provisions contained under order 9, civil procedure code were not applicable to the proceedings instituted under the provisions of land acquisition act.3. it has been contended for the petitioners that since the petitioners were not present on the relevant date, the case could not have been decided .....
Tag this Judgment!Court : Orissa
Decided on : Feb-08-1993
Reported in : [1993]203ITR641(Orissa)
..... against the quantum of tax sought to be avoided under the then existing provisions. subsequently, further amendments were brought by the taxation laws (amendment) act, 1975 (section 61 of the said amending act). four explanations were substituted for the explanation introduced by the finance act, 1964. the effect of the said amendment, so far as we are concerned, is that where, in respect of facts material to ..... the onus of rebuttal is on the assessee. the rationale behind this view is that the basic facts are within the special knowledge of the assessee. section 106 of the indian evidence act, 1872, gives statutory recognition to this universally accepted rule of evidence. there is no discretion conferred on the assessing officer as to whether he can invoke the explanation or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-29-1993
Reported in : (1993)112CTR(P& H)1; [1993]204ITR334(P& H)
..... of information in his possession he had reason to believe, then the concerned authorities may cause search and seizure to be made. the concerned authority, since that amendment, need not record the reason under new rule 112 and form no. 45, provided he had information in his possession in consequence whereof he had reason to ..... or thing represents either wholly or partly income or property which has not been, or would not be, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), then - (a) the director-general or director or the chief ..... vitiate the action taken, provided the officer has in executing the authorisation acted bona fide.' 8. although earlier it was necessary that the authorities concerned should not only have reason to believe but such reason should also be recorded in writing, after the amendment in 1975 of rule 112, it is no longer necessary to record .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-07-1993
Reported in : (1994)116CTR(P& H)308; [1993]203ITR650(P& H)
..... represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law ..... into possession this money and this money was produced before the chief judicial magistrate, rohtak, in connection with the first information report referred to above under section 411, indian penal code. the chief judicial magistrate, on september 7, 1977, ordered that the case property, namely, currency notes of rs. 2,99,000, be deposited ..... nos. 1 to 6 (accused). the raid was conducted on the basis of the first information report no. 242, dated september 5, 1977, under section 411, indian penal code. this first information report was got registered by the assistant sub-inspector, sheonath, at police station, bahadurgarh, on the allegation that balbir singh, the petitioner .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-10-1993
Reported in : (1993)105PLR442
..... section 125 of the code of criminal procedure initiated by the wife, in the court of metropolitan magistrate, delhi, she was awarded maintenance.3. prayer of the husband seeking amendment of the divorce petition by including the ground of cruelty as well, as a ground for divorce was, however, declined by order dated september 2, 1987.4. the ..... civil misc. application no. 10804-m of 1993 was moved by the wife under section 340 cr. p.c. read with sections 191, 192 and 193 of the indian penal code for punishing him for fabrication false evidence in the shape of reply to the application demanding maintenance pendente lite. it is alleged that the husband filed reply to ..... of desertion was then not available to the petitioner since the period of two years, as required by the provisions of section 13 of the hindu marriage act (for short 'the act') for seeking divorce on the ground of desertion had till then not elapsed. if a ground for seeking divorce was not available when the husband filed the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-04-1993
Reported in : (1993)104PLR552
..... of the fact that any capital was invested or not or whether there is any profit motive or not. the legislation has further enacted section 2(c) of industrial disputes act as amended to remove any prejudice.18. in state of punjab, irrigation & power department v. presiding officer, labour court, patiala1 1980 (1)s. l. r. 595, the ..... years from the date of its accrual which is the cause of action, it was argued that the application for reference would be governed by article 137 of the indian limitation act. supreme court in town municipal council, athani v. presiding officer labour court hubli air 1969 sc 1335 had settled the question posed. it was observed that the ..... not the courts. industrial tribunal or labour court are not in any way governed by the court of civil procedure. as a natural corollary applicability of article 137 of the indian limitation act cannot be accepted. similarly, it was so observed by a catena of authorities i. e. the bombay gas co. ltd. v. gapal bhiva, a. i. r. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1993
Reported in : AIR1994SC232; 1994CriLJ254
..... years and six months and three years under sections 120-b, i.p.c., 109 read with 420, i.p.c. and 5(1)(d) of the prevention of corruption act read with section 5(2) respectively are reduced to two years' rigorous imprisonment under each count. the other sentences are directed to run concurrently. sentence of fine along with default ..... in default of payment of which to further undergo r.i. for six months and under section 3 of the railway property (unlawful possession) act, 1966 and under section 5(1)(d) of the prevention of corruption act read with section 5(2) sentenced to two years and three years' rigorous imprisonment respectively. sentences were directed to ran concurrently.2. the appellant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-01-1993
Reported in : AIR1994SC1074; JT1993(6)SC1; (1994)ILLJ162SC; 1993(3)SCALE952; (1993)4SCC727; [1993]Supp2SCR576; 1993(3)SLJ193(SC)
..... well. probably the specific addition was on account of the interpretation placed by the courts. article 311(2), however, underwent change with the constitution (15th amendment act of 1963 which came into force from 6th october, 1963. it explained and expanded the scope of 'reasonable opportunity'. for the original expression 'until he ..... cause notice on the proposed punishment to the delinquent does not merit consideration the reasons are self evident.22. even prior to the constitution fortysecond amendment act the entire proceedings was considered as an integral whole and on receipt of the report of the enquiry officer the disciplinary authority was required to ..... no application to the enquiry conducted during the disciplinary proceedings. the evidence adduced is not in strict conformity with indian evidence act, though the essential principle of fair play envisaged in the evidence act are applicable. what was meant by evidence in the proviso to article 311(2) is the totality of the .....
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