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Patanjali Sharma, Dehradun and Others Vs. the Union of India, Through ...

Court : Central Administrative Tribunal Principal Bench New Delhi

..... been clarified in this departments note dated the 19th august, 1998. on the question of determining shri gokularajans suitability for the proposed appointment as manager, grade-i/section officer in the canteen stores department, it is for the appointing authority to take a decision thereon on the basis of facts revealed during the inquiry, etc. ..... were appointed assistant engineers class ii on april 18, 1969 w.e.f. 1-1-1969, whereas the respondents had been appointed between october and december, 1968 as assistant engineers class ii, then the respondents shall rank senior to the appellants, as they entered in the cadre of assistant engineers class ii of the ..... (3) and others (2006) 4 scc 1, in which in para-43 the constitution bench of the honble apex court has held that the high courts acting under article 226 of the constitution of india, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and .....

Union of India vs.vodafone Group Plc United Kingdom & Anr

Court : Delhi

..... continuation of the foreign arbitration proceedings may be oppressive or cs(os) 383/2017 page 69 of 81 unconscionable....the court may exercise its power under section 37 of the senior courts act, 1981 to grant an injunction. in fact, the said judgment cites seven cases which have upheld the court s jurisdiction to restrain foreign seated arbitrations. ..... tribunal will have no jurisdiction to redetermine the issue......122. ....the issues in regard to validity or existence of the arbitration agreement, the ingredients of section 11(6) of the 1996 act and claims being barred by time, etc. are the matters which can be adjudicated by the chief justice or his designate. once the parties are ..... if cs(os) 383/2017 page 52 of 81 there is an express provision of law or is clearly implied. [see: dhulabhai vs. state of m.p., 1968 (3) scr662.77. though article 253 of the constitution empowers the indian parliament to make a law to give effect to international treaties, yet the parliament has not .....

Collector of Central Excise Vs. Lawkim Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(13)ECC337

..... value of the processed fabrics which is the price at which such fabrics are sold for the first time in the wholesale market. that is the effect of section 4 of the act."collector of central excise, bhubaneshwar v. orissa concrete products (p) ltd.], where the tribunal has held that :- "the intrinsic value of the articles sought to ..... of thermal overload protectors should be included in the assessable value of rotor/stator." the case was accordingly referred to the president in terms of the proviso to section 129c (5), customs act, 1962, as applicable to central excise. the case was heard on the 2nd june, 1987.26. at the outset, shri hidyatullah offered to hand over ..... the procedure prescribed by the assistant collector, bombay for the movement of top imported by m/s. voltas ltd. there was no objection to such a procedure since "1968. they have been submitting' the price list for the* hermetic stator/rotor sets manufactured by them for supply to m/s. voltas ltd. exclusive of the value of .....

Richardson Hindustan Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)(16)ECC145

..... patna v. collector of central excise, patna, reported in 1985 (6) etr 265, the defintion of ayurvedic: medicines as laid down in section 3 of the drugs and cosmetics act cannot determine the classification for the purpose of central excise duty. in the said decision, the tribunal laid down two tests for accepting a drug ..... said case, the tribunal dismissed the first argument of the learned departmental representative on the ground that definition of ayurvedic medicine given in section 3(a) of the drugs and cosmetics act could not be followed for deciding the classification for central excise duty. regarding the second contention of the departmental representative it was held ..... similar to those of bombay chemicals case. in the said case the custom notification dated 1-3-1968 of the government of india, ministry of finance, department of revenue and insurance issued under section 25(1) of the customs act, 1962 provided that the exemption was available if, and only if, the importer produced a .....

Chandra Industries Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1990)(28)LC165Tri(Delhi)

..... held that "seizure invalid, if reasonable belief is formed by the superintendent of central excise who is subordinate to the collector-reasonable belief as envisaged by section 110 of the customs act must be formed by the proper officer who must be the head of the department i.e. the collector-'reasonable belief formed by the superintendent will ..... coming to a fair conclusion on the question. (vii) jayantilal thakordas v. state of gujarat 1969 (vol. 23) stc page 11 (gujarat) (decided on 1.7.1968). it was held that: (1) that on the facts and in the circumstances of the case, the tribunal was justified in holding that the principles of natural justice were ..... that the seizure is invalid if reasonable belief is formed by the superintendent of central excise who is subordinate to collector; reasonable belief as envisaged by section 110 of the customs act must be formed by the proper officer who must be the head of the department, i.e. collector; reasonable belief formed by the superintendent will .....

Ravi Kant JaIn Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... and was of the opinion that only issue before him was as to whether income which had been returned under particular section of the act could be brought to tax under different heads of income during the block assessment period or not. he referred to the ..... and conclusive on the ao. he took help of the ratio of hon'ble supreme court in the case of m. m. ipoh vs. cit (1968) 67 itr 106 (sc), dwarka das keshav deo morarka vs. cit (1962) 44 itr 529 (sc) and that of cit vs. brij ..... is meant for undisclosed income as defined under s.158ba and undisclosed income had been defined under s. 158b(b) of the act and the procedure of computation is given under s. 158bb. it has been consistent view of different benches of the tribunal that ..... s dinesh mehta & co. chartered accountants, daryaganj, new delhi as special auditors by passing an order under s.142(2a) of the act. the said firm of chartered accountants completed the special audit and submitted their report on 14th may, 1998. the assessee was given show- .....

Moolchand Kharaiti Ram Hospital and Vs. Moolchand Kharaiti Ram Hospita ...

Court : Delhi

..... 1 scr 382 and glaxo laboratories (india) limited v. presiding officer, labour court (1977) lab ic 1523 (ap). in support of the proposition that under section 19 id act once the settlement is terminated, no part of it is enforceable, mr. bhushan relied on the decisions in shukla manseta industries private limited v. the workmen 1977 lab ..... dispute during the continuance of the previous settlement. he referred to the decisions in management of bangalore woolen, cotton and silk mills company ltd. v. the workmen air 1968 sc 585 and m/s shukla manseta industries pvt. ltd. v. the workmen 1977 (4) scc.31. 25. mr. parikh submitted that the settlements dated 17th ..... available to the government hospital employees. validity of the termination of the 1994 settlement.34. the period and operation of settlements and awards is indicated in section 19 of the id act. sub-sections (1) and (2) thereof which are relevant for the present case read as under:.19. period of operation of settlements and awards.--(1) .....

Sunny Chhillar vs.university of Delhi and Anr.

Court : Delhi

..... relating to the elections; and more specifically clause 6.10.4 which speaks of the post having fallen vacant. thus, a resort to section 100 of the representation of people act, 1951 in dusu election would not be desirable and this specific provision cannot be read either into dusu constitution or lyngdoh recommendations by necessary ..... shall be relevant for the purpose. neither the lyngdoh committee recommendations nor the constitution of the dusu has any such like clause as section 100 of the representation of the people act which empowers the high court to declare the elections void in case of improper acceptance of any nomination. the lyngdoh recommendations and the ..... ors. [1969]. 1 scr277wherein the court held:-" 38. the decision of this court in amrit lal ambalal patel v. himathbhai gomanbhai anr. manu/sc/0345/1968: lends support to the principle that the crucial date for determining whether a candidate is not qualified or is disqualified is the date of scrutiny of nominations and a .....

Anil Starch Products Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)LC592Tri(Delhi)

..... in annexure-b to reference application dated 30-10-1984). 1. what is the true meaning and scope of the words "any mistake apparent from records" appearing in section 35c(2) of the act 2. whether refusal to rectify the mistake or error apparent in the face of record viz. in not following the tests of marketability for attracting the levy of ..... by a special bench of three members of the tribunal and an appeal from the tribunal's order (in appeal) is provided straightaway and as of right, under section 130e(b) of the act (i.e. without certificate or special leave), to the supreme court - the final court of justice." in this view of the scheme of the provisions relating to ..... excise, in light of hon'ble supreme court's judgment in delhi cloth mills case (air 1963 s.c.), and south bihar sugar mills ease (air 1968 s.c.), will .....

Dhrangadhra Chemical Works Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)(16)ECC66

..... powers of the appellate tribunal. the rules are merely procedural in character and do not, in any way, circumscribe or control the power of the tribunal under section 33(4) of the act. we are accordingly of the opinion that the tribunal had jurisdiction to entertain the argument of the department in this case and to direct the income tax ..... 27 or rule 12. even assuming that rules 12 and 27 are riot strictly applicable, we are of opinion that the tribunal has got sufficient power under section 33(4) of the act to entertain the argument of the department with regard to the application of paragraph 2 of the taxation laws order and remand the case to the incometax ..... in support of his arguments he has referred to a judgment ,in the case of tribhuvandas par- shotamdas v. rati lal moti lal patel and ors.reported in air 1968 sc 372. he has also referred to the appellate collector's order dated 5.5.1982 whereby the appellate collector had remanded the matter to the assistant collector for passing .....