Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on : Jan-01-2014
..... service or any other existing taxable services. circular no. b1/6/2005-tru dated 27 jul. 2005 œ24.1. one of the taxable activities prior to amendment by finance act, 2005 under business auxiliary service was production of goods on behalf of the client. the activities that amount to manufacture within the central excise ..... act were not covered within the scope of the taxable service. amendments have been made to define this taxable activity as production or processing of goods for, or on behalf of, the client. the ..... a point was raised whether production of goods on behalf of the client covers situations where the service provider undertakes job work for the client. in view of the amendment, production or processing (not amounting to manufacture) done either for the client or on behalf of the client would be liable to service tax. 10. apart from .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Mumbai
Decided on : Jan-01-2014
..... the circular issued by the government of india, ministry of railways/ rail mantralaya/ railway board on 05.08.1997 on the caption amendment to indian railway establishment code volume ii. in view of the amendment made in rule 2433, similar amendment was proposed in para 4 to 6(1) of the manual of railway pension rules, 1950. under the said ..... 18.06.2012. 2. the facts of the case in brief may be stated as under: that in pursuance of railway sports promotion board's (rspb) of the indian railways talent scouting quota, the applicant was offered the post of junior clerk group 'c' in higher pay scale as outstanding sportsman. after undergoing the necessary tests, ..... same was rejected. the applicant bonafide desires to prosecute the higher studies and paid rs.1,25,000/-towards fees for the said course. thus, the respondents acted unreasonably by refusing to grant the study leave for 18 months especially when no prejudice should have been caused to the railway administration by grant of such leave. .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2014
..... of shiv shakti co-operative housing society, nagpur v. m/s. swaraj developers, air2003sc2434 the apex court analysed the position both prior as well as post amendment acts of 1976 and 1999 and very well reiterated the difference between an appeal and a revision in the following paragraphs: 13 it is fairly well-settled position in ..... section 115. there is marked distinction in language of section 97(3) of the old amendment act and section 32(2) (i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before the amendment came into force. such an intent is significantly absent in section 32(2)(i). the ..... amendment relates to procedures. no person has a vested right in a course of procedure. he .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-02-2014
..... by 10-11-2013 and as such members are to be elected under section 3 (1) (b) of the indian medical council act before 31- 08-2013. it was also informed that indian medical council rules, 1957 as amended in 1980 would be applicable for electing a member under section 3 (1)(b) and pursuant to the said notice, ..... be referred to the central government whose decision shall be final. as per rule 25 (1) of the indian medical council rules, 1957 as amended by virtue of powers conferred by sections 4 and 32 of the indian medical council act, 1956, the central government may, on objection made by a candidate for any election within a period of ..... ".medical faculty". and constitute ".faculty". as per section 25 of the dr. ntr university of health sciences act, 1986, for directing the 2nd respondent to frame appropriate rules pursuant to amendment to section 3 (1) (b) proviso of indian medical council ordinance, 2013 for laying down the procedure for election of members from health universities, and for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-02-2014
..... by 10-11-2013 and as such members are to be elected under section 3 (1) (b) of the indian medical council act before 31- 08-2013. it was also informed that indian medical council rules, 1957 as amended in 1980 would be applicable for electing a member under section 3 (1)(b) and pursuant to the said notice, ..... be referred to the central government whose decision shall be final. as per rule 25 (1) of the indian medical council rules, 1957 as amended by virtue of powers conferred by sections 4 and 32 of the indian medical council act, 1956, the central government may, on objection made by a candidate for any election within a period of ..... ".medical faculty". and constitute ".faculty". as per section 25 of the dr. ntr university of health sciences act, 1986, for directing the 2nd respondent to frame appropriate rules pursuant to amendment to section 3 (1) (b) proviso of indian medical council ordinance, 2013 for laying down the procedure for election of members from health universities, and for .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Jan-02-2014
..... showroom. 36. after reviewing the draft, the plaintiff wrote back on 7 and 8 march 2011 with queries on specific clauses and with proposed amendments. thus began the process of negotiating specific terms of a sub-lease for the premises. the defendant included a clause in the draft sub- ..... from fraudulent misrepresentations. it is however convenient for the analysis which follows to refer to three mutually-exclusive categories of misrepresentation: innocent, negligent and fraudulent. the act attaches liability in damages for negligent misrepresentation but not for innocent misrepresentation. john cartwright, misrepresentation, mistake and non disclosure (sweet and maxwell, 3rd ed, 2012 ..... in its decision in hedley byrne. in 1967, the english parliament created a statutory exception to this general rule in s 2(1) of the act. both exceptions apply to innocent misrepresentations which are made negligently. but the two exceptions are subject to different criteria. four of those differences are .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-02-2014
..... october, 2004, we are inclined to agree with the views expressed by the central administrative tribunal, as confirmed by the high court, that having regard to the amended provisions of sub- rules (6) and (7) of rule 10, the review for modification or revocation of the order of suspension was required to be done ..... the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or ..... of suspension made by the comptroller and auditor-general in regard to a member of the indian audit and accounts service and in regard to an assistant accountant-general or equivalent (other than a regular member of the indian audit and accounts service), where the order of suspension is made by an authority lower than .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2014
..... order. these proposed grounds are aimed at question the legality and validity of the impugned order passed by the respondent commissioner. i consider that the proposed amendments are considered necessary secure the proper administration of justice and are necessary to decide the real dispute. scope of interference in a petition under article 227 ..... the premises fell into the share and came into the exclusive occupation of shri avtar chand verma, the elder brother who is running the pvt. ltd. company act, 1956. it is also stated that m/s. sewa international fashion, the appellant establishment and m/s. sewa international fashion (p) ltd. are two different ..... that the respondent no.1 earlier during the proceedings for determination/assessment of pf dues under section 7-a of the employees provident fund and misc. provision act, the respondent no.1 took the plea that other establishments were also functioning at the premises, and all of them were independent establishment working as fabricators .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2014
..... that with respect to this part of clause 25, such clauses which extinguish claims, much before the prescribed period of limitation under the limitation act, are void as per section 28 of the contract act 1872, as amended w.e.f.1997. this issue is also no longer res integra and has been pronounced upon by a learned single judge of this court ..... an occasion to deal with this aspect of the law, by further expanding and expounding upon the same in the judgment reported as m/s stup consultants pvt. ltd. vs. indian oil corporation, arb. p.no.208/2009 decided on 15.12.2009 8. keeping in view the aforesaid salient features and the ingredients of the aforesaid clauses, one will have ..... is to say, if it is contrary to:-(a) fundamental policy of indian law; (b) the interest of india; or (c) justice or morality, or (d) if it is patently illegal. (4) it could be challenged:-(a) as provided under section 13(5); and (b) section 16(6) of the act. xxxx (underlining added) 7(i) xxxx xxxx xxxx the first argument .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2014
..... amendment proposed having been accepted and approved, the rules were amended, by notification no.dpar 14 rti 2008, dated 17.03.2007, w.e.f. 18 ..... voluminous information from the pios, made recommendation, that rule 14 be inserted in the rules. a draft notification, with regard to the proposed amendment, in exercise of the power conferred by sub-ss.(1) and (2) of s.27 of the act, was forwarded to the state government, to amend the rules. keeping in view the recommendation received from the 1st respondent, the .....
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