Court : Karnataka
Reported in : II(1993)ACC627; 1993ACJ946; [1994]80CompCas576(Kar); ILR1993KAR1991; 1992(2)KarLJ559; (1994)ILLJ500Kant
M. Ramakrishna, J.1. The appellant-insurer being aggrieved by the judgment and award dated August 20, 1992, made by the Commissioner for Workmen's Compensation, Bijapur, in Case No. WC. MSR. 46 of 1991 directing the appellant to make good the entire amount of compensation of Rs. 78,648 awarded for the death of Isak in the accident involving the tempo bearing registration No. KA-28-423 belonging to Yaseena Babusaba Nimbargi, respondent No. 6 herein, has come up with this appeal. 2. The appellant has mainly taken the following four grounds to attack the judgment and award appealed against. (1) The Commissioner was not justified in holding that the claimants, respondents Nos. 1 to 5 herein, were the legal representatives of the deceased, Isak, though they failed to do so. (2) The deceased was earning only Rs. 300 per month plus batta during his employment. But the Labour Court was in error in holding without considering properly the evidence on record that he was getting Rs. 600 per mont...
Tag this Judgment!Court : US Supreme Court
..... section 207 governs overseas refugee processing. section 208, in turn, governs asylum claims by aliens "physically present in the united states, or at a land border or port of entry." unlike these sections, however, which explicitly apply to persons present in specific locations, the amended 243(h) includes no such limiting ..... commissioner for refugees as amicus curiae 24. the baron, like the swiss delegate whose sentiments he restated, expressed a desire to reserve the right to close borders to large groups of refugees. "according to [the swiss delegate's] interpretation, states were not compelled to allow large groups of persons claiming refugee status ..... an exclusively territorial burden, and announce that any alien protected by the convention (and by its promise of non-refoulement) will be found either" 'at the border or in the territory of a contracting state.' " office of united nations high commissioner for refugees, handbook on procedures and criteria for determining refugee status 46 .....
Tag this Judgment!Court : Delhi
Reported in : 51(1993)DLT624
..... running a printing press. he was closely associated with baby subramanian and muthuraja. both of them had left for jaffna before the assassination. the tanjore district police arrested shanker alias koneswaran and seized from him a paper containing madras telephone numbers and on verification it was found to be that of anabond silicon pvt. ..... the then attorney general mr. g. ramaswamy and urged that no court, not even the supreme court, can interfere with the investigation by even the lowest police functionary, nor can any court or authority impinge upon the jurisdiction of the investigating officer or compel him to change his opinion. he placed reliance in ..... by law to conduct a statutory investigation. the central government has full faith in the thoroughness and impartiality of the investigation of the sit. when a police officer investigates into a cognizable offence under the provisions of chapter xii of the code of criminal procedure, he performs a statutory duty and the report submitted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(69)ELT14(MP); 1993(0)MPLJ924
ORDERP.P. Naolekar, J. 1. This is a petition under Articles 226 and 227 of the Constitution of India; whereunder the petitioners have challenged the validity of show cause notice dated 29-5-1992, issued by the Collector of Central Excise, Raipur, raising demands invoking the extended period of limitation provided for under the proviso to Section 114(1) of the Central Excises and Salt Act, 1944 (1 of 1944) (hereinafter referred to as the 'Act'). The show cause notice issued on 29-5-1992 relates to the period 1-4-1987 to 31-3-1992 containing allegations in respect of two units viz. M/s. Satna Cement Works, Satna and M/s. Birla Vikas Cement, Satna, both of which belong to M/s. Birla Jute and Industries Ltd.2. The petitioner No. 1 Birla Jute and Industries Ltd. is an existing company within the meaning of the Companies Act, 1956, having its registered office at Calcutta, West Bengal. The Company owns, inter alia, the cement division which comprises cement plants at Satna in M. P., Chittorg...
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR403
..... municipal corporation act, it has been observed at page 2293 of the report as under :-'41. it seems to us the words of section 170(b) are capable of a border interpretation. a perusal of section 170 shows that the section uses three different expressions 'heard or determined', 'brought' and 'admitted' in relation to an appeal and some significance is to .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1994)(69)ELT497Tri(Mum.)bai
1. This is an appeal filed by the Collector on the directions of the Board [vide F. No. 199/262/92-Jud. Cell (BMB) Order No. 47/R-93 dated 15-3-1993] against the Order in original No. 30/92 dated 8-4-1992 passed by the Collector of Central Excise, Bombay II.2. Though this appeal canvasses certain points, which call for determination of value and classification and hence normally would call for consideration by the Special Bench, Shri Mondal, the Id. S.D.R.pleads that as per instructions, he only pleads for a remand of the case on certain specific short grounds, which would establish that the Collector has not been fair to the Department and has passed the impugned order, without considering the evidences placed before him and bringing in certain suspect documents, without giving any opportunity to the investigation (department) to enquire into these documents before they are taken on record and they were acted upon for drawing conclusions adverse to the department. He assured that he ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659
ORDERJ.S. Verma, J.(for himself and on behalf of Yogeshwar Dayal, G.N. Ray, Dr. A.S. Anand & S.P. Bharucha, JJ.) :1. By and Order dated October 26,1990 passed in Subhash Sharma and Ors. and Anr. Union of India (1990) 2 S.C.R. 433 and the matters connected therewith, the papers of Writ petition No. 1303 of 1987 - Supreme Court Advocates-on-Record Association and Anr. v. Union Of India were directed to be placed before the learned Chief Justice of India for constituting a Bench of nine Judges to examine the two question referred therein, namely, the position of the Chief Justice of India with reference to primacy, and justiciability of fixation of Judge strength. That Order was made since the referring Bench was of the opinion, that the correctness of the majority view in S.P. Gupta and Ors. etc. etc. v. Union of India and Ors. etc. etc. : [1982]2SCR365 , required reconsideration by a larger Bench. This is how these questions arise for decision by this Bench.2. The context in which the a...
Tag this Judgment!Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Reported in : (1994)81CompCas277NULL
1. This Full Bench has been constituted to resolve the controversy raised in this group of applications for compensation as to the true and correct interpretation of Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969. In each compensation application a preliminary objection was raised by the respondents as to the maintainability of the applications. The contention is that Section 12B does not comprehend within its scope claims for compensation founded on restrictive trade practices alleged to have been indulged in by the respondent anterior to the insertion of Section 12B on the statute book. We have to examine the correctness of this contention.2. When these compensation applications came up before different Division Benches of the Commission, applications were moved on behalf of the respondents urging that in view of the obvious importance of the question and its impact on a large number of cases that will be coming up before the Commission under Section 12B, it...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ1833
..... since the facts do disclose commission of offences. allowing the writ petition will amount to stopping the process of investigation and thereby rendering the right of the police to investigate negatory. for the purpose of exercising powers either under section 482 code of criminal procedure or under article 226 of the constitution of india, ..... and other members of his family started harbouring even more feelings of enmity particularly after 1988. after coming back to himachal pradesh and joining as director general of police, himachal pradesh, respondent no. 2 started harassing the petitioner with the support of bhartiya janta party government, which was in power in himachal pradesh.4. the ..... 1) was in power, he was kept as the head of the c. i. d. in the state police. he has further alleged that from april, 1988 to december, 1988, respondent no. 2 was on deputation to the border security force in jammu and kashmir and from december, 1988 to may, 1990, he was appointed as inspector general .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H66; (1994)106PLR325
..... his cross-examination, he admitted that he did not lodge any written complaint either with the presiding officer or with the polling officer or with the police at the police station. the election petitioner does not say in paragraph 3(vi) of the election petition that p.w. 15 jarnail singh had come to the polling ..... of village shafipur kalan.5. the returned candidate denied the allegations in the written statement. he stated that there were very tight security arrangements by the police, central reserve police force (for short, the 'crpf') home guards and military force at each polling booth and no complaint of any kind was lodged with any of ..... he did not enter the polling station. he did not lodge a written protest with anyone. outside the polling station, army personnel. central reserve police force personnel and punjab police personnel were posted for security purposes. to a court question he stated thus:--'inside the polling station there was a presiding officer, four clerks and in .....
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