Court : Supreme Court of India
Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)
Arijit Pasayat, J.1. All these appeals involve identical issues. By judgments rendered by Division Bench of the Madhya Pradesh High Court, impugned in the appeals held that Directors of Jiyajirao Cotton Mills Ltd. (hereinafter referred to as the 'Company') to be personally liable for the payment of wages to the workmen of the company under the Payment of Wages Act, 1936 (in short the 'Act'). However, the authorities under the Act could proceed against the assets of the company in the hands of the Directors or the assets acquired from income of the company by the Directors. The personal property of the Directors, however, could not be proceeded against if it acquired from the sources other than the income of the company. The Letters Patent Appeals filed against the judgments of the learned Single Judge were dismissed. It is to be noted that learned Single Judge had held that writ petitions were not maintainable as the writ petitioners had an alternative remedy under Section 17 of the Ac...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.5926 of 2019 (@SLP (C) No.4016 of 2019) Appellants Versus Respondents Durgabai Deshmukh Memorial Sr. Sec. School & Anr. J.A.J Vasu Sena & Anr. JUDGMENT Dr Dhananjaya Y Chandrachud, J1The present appeal arises from a judgment of a Division Bench of the Delhi High Court dated 7 May 2018 setting aside the judgment of a learned Single Judge in a Letters Patent Appeal.1 The Division Bench accepted the deemed confirmation of the services of the first respondent who was a probationer in the school of the appellants. 1 LPA No.86/2018 1 2 Allowing the appeal filed by the first respondent, the Division Bench held that under Rule 105(1) read with the first proviso of the Delhi School Education Rules 1973,2 the maximum period of probation permissible is two years. The High Court held that there is a deemed confirmation of the services of a probationer who is continued in service beyond the maximum period of proba...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)150PLR439
Hemant Gupta, J.1. The petitioner is a former Judge of this Court, now represented by his wife andhter. The challenge in the present writ petition is to declare the proviso to Para 2 (b) of Part III of the First Schedule of the High Court Judges (Conditions of Service Act), 1954 (hereinafter to be referred as 'the Act') which fixes the maximum limit of pension of a retired Judge of a High Court, as ultra vires Articles 14 and 16 of the Constitution of India being arbitrary and discriminatory. 2. The petitioner joined Punjab Civil Services (Judicial) on 25.4.1951. He was promoted as Additional District Judge on 12.11.1969 and elevated as a Judge of this Court on 2.2.1983. The petitioner attained the age of superannuation on 15.10.1987. 3. The case of the petitioner is that Para 2 (b) of Part III of First Schedule of the Act provides for special additional pension of Rs. 1600/-per annum in respect of each completed year of service for pension but maximum limit is Rs. 8000/-per annum. Apa...
Tag this Judgment!Court : Delhi
Reported in : 1983(12)ELT258(Del)
Sachar, J. 1. This group of petitioners was heard together as common points arose in all these petitions. The arguments were addressed in C.W. 2131/1982. A part from details as to the quantity to be imported and the dates there is no difference and the judgment in this case will govern the other writ petitions also. 2. The petitioners import defective/secondary grade stainless steel circles. The said material is broadly used in the consumption of industries engaged in the manufacture of the utensils in the country. By Section 12 of the Customs Act, 1962 (hereinafter to be called the 1962 Act) duty of Customs shall be levied at such rates as may be specified under the Customs Tariff Act, 1975 (hereinafter to be called the 1975 Act). Goods having been received the petitioner presented their bill of entry for clearance to the Customs Authorities. The petitioners claim that they were entitled to clear the goods by paying rate of duty under entry No. 73.15(1) in the schedule to 1975 Act, wh...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). . OF2022(ARISING OUT OF SLP (Crl.) No(s). 7899-7900 of 2015) MANOJ PRATAP SINGH . APPELLANT(S) VERSUS THE STATE OF RAJASTHAN . RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J.Table of Contents Preliminary 2 Relevant factual and background aspects 7 The Evidence 12 The Trial Court found the appellant guilty and awarded death sentence 33 Deceased aged 7 years, mentally and physically challenged 33 Deceased last seen with the appellant 34 Discoveries on the information of appellant 34 1 Medical evidence 35 Report of FSL36Defence contentions rejected 37 Chain of circumstances complete 40 Death sentence by the Trial Court 41 High Court confirmed the death sentence awarded to the appellant 44 Rival Submissions 48 The scope and width of these appeals 61 Procedural questions relating to investigation and trial 64 Concurrent findings of fact: whether requiring interference?. 67 Whether death sentence be...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(147)ELT490Tri(Mum.)bai
2. This is an appeal filed by the department against the decision of the Commissioner of Central Excise and Customs (Appeals), Ahmedabad made in Order-in-Appeal No.581/97 made in filed No. (24-KDL) CUS/COMMR/(A)/AHD dated 8.10.1997 whereunder he had held that the order passed by the Assistant Commissioner of Custom, Kandla made in Order-in-Original No. KDL A.C./04/96 APPB. G.R.I dated 29.11.1996 confirming the duty short levied amounting to Rs.22,57,65,172/- demanded under show cause notice dated 30.10.1996 was wrong and allowed the appeal of the respondents.3. Respondents had been regularly importing heptene/nonene at Kandla.They were using these chemicals for manufacture of oxo chemicals at their factory. There was a dispute with regard to the classification as to whether heptene/nonene could be classified as "AIF/Motor Spirit" or "otherwise". According to the opinion of the Chief Chemist, C.R.C.L., New Delhi, if end use and flash point criteria are taken into consideration, then he...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1993)46ITD104(Asr.)
1. The appeal of the Revenue for the assessment year 1975-76, and the cross-objection relating thereto are conveniently considered together and disposed of by a common order.2. The major objection of the Revenue through its first ground is about the cost of construction of a cinema building by the assessee-firm and the addition made on account of unexplained investment. The Income-tax Officer made an addition of Rs. 6,56,186, which represented the difference between the cost of construction as per the Departmental Valuation Officer of Rs. 23,76,505 and the cost of construction as per the assessee's books of Rs. 17,20,320. It was pointed out from para 8 of the order of the Commissioner of Income-tax (Appeals) that the Departmental Valuation Officer made valuation five times and each time the cost of construction worked out was different. The first assessment which was made by the Income-tax Officer by order dated March 28, 1979, was set aside by the Commissioner of Income-tax (Appeals)...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2004)89ITD235(Delhi)
1. This Special Bench has been constituted under section 255 (3) of the Income Tax Act, 1961 to decide the following question arising out of the assessee's appeal in ITA No. 6177/Del/96 for assessment year 1993-94 : "Whether on facts and in law, the gains earned on cancellation of the Foreign Exchange Forward Contract are capital receipt or revenue receipt? If it is capital receipt, whether the same should be reduced from the cost of plant & machinery in connection with which the forward contract was entered into?" 2. At the outset, relevant facts having bearing on the point in issue may briefly be set out. The assessee company is a limited company engaged in the business of manufacture and sale of automobile tyres, tubes etc. The assessee imported certain plant and machinery for setting up a new tyre manufacturing plant near Baroda in Gujarat state during the year 1991. For financing the project, the assessee borrowed funds in US Dollars and Pound Sterling from US Exim Bank and C...
Tag this Judgment!Court : Mumbai
Reported in : [2006]130CompCas295(Bom); [2006(106)FLR551]
N.A. Britto, J.1. This is a complainant's appeal against the acquittal of the accused.2. Shri V.S. Khatre who was the manager of the Employees' State Insurance Corporation filed a complaint under Section 85(a) of the Employees' State Insurance Act, 1948 ('the Act' for short), against accused No. 1 which, according to him was an establishment under the Act having been allotted Code No. 32-28-67 and against accused No. 2 who was director and occupier of the said establishment named M/s. Cortalim Shipyard and Engineers P. Ltd.3. The complaint was filed for the failure to pay the contributions for the wage periods of October, 1992, to May, 1993, which were payable in terms of regulations 31, 39, and 40 of the Employees' State Insurance (General) Regulations, 1950.4. The complaint was filed after the sanction was accorded by the Regional Director of the said Corporation.5. Although the sanction was obtained to prosecute the principal employer, i.e., A2 and the said establishment M/s. Cortal...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(11)SCALE140
Madan B. Lokur, J.1. In these appeals, this Court issued notice limited to the question of the sentence awarded to the appellants. They were awarded the death penalty, which was confirmed by the High Court. In our opinion, the appellants in these appeals against the order of the High Court should be awarded a life sentence, subject to the faithful implementation of the provisions of the Code of Criminal Code, 1973.The facts:2. In view of the limited notice issued in these appeals, it is not necessary to detail the facts. However, it may be mentioned that as many as six persons (including the appellants) were accused of various offences under the Indian Penal Code (for short the IPC) and the Arms Act, 1959. They were convicted by the Additional Sessions Judge, Rohtak by his judgment and order dated 13th November, 2009 in Sessions Case No. 47 of 2004/2009 of the offence of murder (Section 302 of the IPC), attempt to murder (Section 307 of the IPC), rioting, armed with a deadly weapon (Se...
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