Judgment Search Results Home > Cases Phrase: inter state water disputes act 1956 section 10 allowances or fees for presiding officer of tribunal and assessors Page 7 of about 841 results (0.564 seconds)

New Delhi Municipal Council Vs. Usha Gangaria and ors

Court : Delhi

..... in re cauvery water disputes tribunal 1993 supp (1) scc 96 ii, one of the questions referred to the supreme court was whether the water disputes tribunal constituted under the inter-state water disputes act, 1956 is competent to grant any interim relief to the parties to the dispute. it w.p. ..... lokayukta, state of maharashtra air 1985 bombay 136 justified, a reading of a power in the lokayukta constituted under the maharashtra lokayukta and upa-lokayukta act, 1971 to make interim recommendation in tune with the power to make a final recommendation under section 12 of that act, to effectual performance of the work for which the office of the lokayukta had been created and so that the order or decision of the lokayukta is not a barren ..... vending committee under the said power is not found to be entitled to adjudicate whether a person who till now has not been found eligible under the policy for a vending site, be allowed to obstruct the street or not or whether the ndmc is entitled to remove him or not. ..... 13650 and 13390 all of 2009 page 10 of 19 (ix) registration system; (x) corrective mechanism against defiance by vendors; (xi) collection of revenues; and (xii) monitoring mechanism the policy also entrusts the vending committee with the power to register the hawkers/squatters/vendors, issue identity cards to them stating inter alia their hawking/squatting/vending site, put up proposals for disposal of solid waste, provision for electricity and public toilets and recommending fee..17. .....

Gandhi Sahitya Sangh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2003(10)SCALE489; (2003)9SCC356

order1. by means of this transferred petition, the petitioner which was allegedly formed by a cross-section of people residing in the state of karnataka, challenges the constitutional validity of the inter-state water disputes act, 1956 (hereinafter referred to as 'the act') and the order passed by the union of india setting up and constituting the cauvery water disputes tribunal under section 4 of the act and referring the cauvery water disputes between the state of karnataka and the state of tamil nadu, the state of kerala and the union territory of pondicherry, to the tribunal for adjudication.2. it is not disputed that the tribunal was set up under the order of this court and since its inception it is engaged in monitoring and adjudicating the dispute. under article 131 of the constitution of india, the water disputes between two states can only be brought by a state and not by an individual or a society. we are, therefore, of the view that the petitioner has no locus standi to challenge the validity of the act or setting up of the tribunal and also to the reference of the disputes for adjudication to the tribunal.3. in this view of the matter, the transferred cases are dismissed.

The State of Jharkhand Vs. M/S Hindustan Construction Co. Ltd.

Court : Supreme Court of India

..... in networking of rivers, in re (supra), the court ruled that section 11 of the inter-state river water disputes act, 1956 (for short, the 1956 act ) uses the expression use, distribution and control of water in any river and they are the keywords in determination of the scope of power conferred on a tribunal constituted under section 3 of the 1956 act. ..... if a reference can be made even at the appellate stage when all matters in difference between the parties are covered by the final judgment of the trial court, it is difficult to understand why in allowing reference to be made during the pendency of the suit in the trial court any further conditions should be imposed that only such matters of difference can be referred to as are not covered by an interlocutory judgment of the ..... sub-section (2) reads as follows:- to (2) the arbitrators or umpire shall, at the request of any party the arbitration agreement or any person claiming under such party or if so directed by the court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them, to be filed in court, and the court ..... after the award was passed, the arbitrator approached the registry of this court for filing of the award and he was advised by an officer of this court that the award should be filed before the delhi high court .....

Nellore District Co-operative Central Bank Limited, Nellore Vs. Presid ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD193; 2001(2)ALD193; 2001(2)ALT146; 2001(2)ALT146; [2001(89)FLR1065]

..... the question which arises for consideration in this writ appeal arising out of a judgment and order dated 18-11-2000 passed by a learned single judge of this court in writ petition no.7796 of 2000 is as to whether the labour court or the industrial tribunal can set aside an ex parte order despite publication of the award in the official gazette in terms of section 17-a of the industrial disputes act, 1947. 2. ..... made in relation to an award under the proviso to sub-section (1), the appropriate government or the central government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together, with a copy of the order before the legislature of the state, if the order has been made by a state government or before parliament, if the order has been made ..... reference may also be made to sub-rule (9) of rule 10-b of industrial disputes (central) rules, 1957 which, inter alia provides that the industrial tribunal may before the submission of the award revoke the order that the case shall proceed ex parte if it is satisfied that the absence of the party was no justifiable grounds.'9. ..... for the reasons aforementioned, the writ appeal is allowed. .....

Johnson Matthey Chemicals India Pvt. Ltd. Vs. The State of Maharashtra ...

Court : Mumbai

..... section (1) are true and no inter-state sale has been effected, he may, at the time of, or at any time before, the assessment of the tax payable by the dealer under this act, make an order to that effect and thereupon the movement of goods to which the declaration relates shall, subject to the provisions of sub-section (3), be deemed for the purpose of this act ..... and applicability of section 6a of the central sales tax act, 1956, there exists difference of opinion between the various sales tax collectors in the country and therefore since the appellant is now ready to file form f, we are directing the assessing officer ..... 226 of the constitution of india, calling for the records pertaining to the petitioner's case and after going into the legality and validity thereof to quash and set aside impugned order dated 17.07.2015 passed by the tribunal in appeal no.447/2015 and impugned assessment order dated 14.08.2014; (f) ..... means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the ..... dispute that it is manufacturer and ..... presided ..... section (1) of section 8 (whether called a tax or fee or by any other name); and (b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in this sub-section .....

A.P. John and ors. Vs. Karnataka State Transport Corpn. and anr.

Court : Karnataka

Reported in : 1994(2)KarLJ377; (1995)ILLJ678Kant

..... 14(c) has been made, normally the employees have to approach the labour court for adjudication as required under the industrial disputes act and not under article 226 of the constitution of india. ..... compel performance of public duties prescribed by statute and to keep subordinate tribunals and officers exercising public functions within the limit of their jurisdiction ..... insub-clause (a) above shall be divisionwiseposts.departmentpostsmechanical engineering (common categories) for both mechanical engineering maintenance and productionchargemen and abovetraffictraffic inspector and abovestores and purchasestore keeper/stock verifier and abovecivil engineeringdraughtsman/junior engineer and aboveadministrationsupervisor/senior stenographer and abovestatisticalsupervisor (statistical) and abovesecurity and vigilancedivisional security inspector and aboveaccountssupervisor (accounts) and above (c) normally, the employees holding divisionwise posts will be considered for promotion under these regulations, in respect of promotional vacancies in the ..... state of punjab, : air1971sc1737 which, says that the right under article 19(l)(c) of the constitution extends inter alia to the formation of a union held thus (para 30): 'the right to form an association implies that several individuals get together and form voluntarily an association with a common aim, legitimate purpose and ..... between the chairman & managing director of the corporation and the president of the ksrtc staff & workers federation. .....

John Vs. Karnataka State Road Transport Corporation

Court : Karnataka

Reported in : ILR1994KAR1337

..... this court feels that breach of clause 14(c) has been made, normally the employees have to approach the labour court for adjudication as required under the industrial disputes act and not under article 226 of the constitution of india. ..... chief function of a writ is to compel performance of public duties prescribed by statute and to keep subordinate tribunals and officers exercising public functions within the limit of their jurisdiction. ..... the core of the industrial disputes act is settlement of industrial dispute and not conditions of employment or contract of service as ..... the relevant portion of the said circular is extracted hereunder:'the authorities concerned shall take necessary action to prepare and finalise the seniority of the employees working in their respective units and to grant officiating/temporary promotions and also to review the promotions as stated above with effect from 28.9.1991.in respect of employees holding divisionwise posts who are likely to be transferred to the newly formed division? ..... but, what the petitioners have questioned is non-observance of clause 14(c) of 1981 settlement; inter-division transfer not permissible as the petitioners were appointed to a particular division; and some of the petitioners have been transferred on the basis of allegations as such, without enquiry the same is penal in nature ..... 1989 settlement was entered into between the chairman & managing director of the corporation and the president of the ksrtc staff & workers federation. .....

C. Gokaldas and Co. and ors. Vs. the State of Gujarat

Court : Gujarat

Reported in : (1965)0GLR601; [1966]17STC138(Guj)

..... was not disputed before the tribunal that bidi pattis were sold by the assessees within a period of nine months from the dates of the respective purchases of raw tobacco from which they were prepared and that the sales of bidi pattis so effected by the assessees were in the course of inter-state trade or ..... thing happened, the sale by the original dealer might be regarded as the starting point of the inter-state sale or export sale and on that basis the legislature made provision in sub-section (b) of section 8 for securing that in such a case where the original dealer is a registered dealer, no incidence of tax should fall on the ultimate purchaser, the entire journey being regarded as one in the stream of inter-state trade or commerce or in the course of export outside india. ..... and the principle there laid down in regard to section 66 of the income-tax act must apply equally in regard to section 34 of the bombay sales tax act, 1953 - that once a question is in issue before the tribunal and is referred to the court for its opinion, there is no limitation that the reference should be limited to those aspects of the question which have been argued before the tribunal ..... therefore, refuse to allow the revenue to raise this contention before us and we must entertain it ..... the claim for remission made by the assessees was rejected by the sales tax officer and on appeal to the assistant commissioner of sales tax, the claim met with ..... commercial tax officer ([1960] ..... commercial tax officer ([1960] .....

Sakinala Hari Nath and ors. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1993(3)ALT471

..... stated in this context that the constitution, as originally enacted, has excluded interference of courts in certain respects like electoral matters (article 329) and inter-state disputes relating to waters, inter-state ..... clause (c) of section 6(1) of the act which prescribed qualifications for the office of chairman of the tribunal - at least two years experience as secretary to the government of india or any other post under the central or state government carrying the scale ..... president abolishes the tribunal, he has to make provision, in the order of abolition, for the transfer and disposal of cases pending before the tribunal immediately before the abolition, the words 'if the president is satisfied that the continued existence of the administrative tribunal is not necessary, the president may, by order, abolish the administrative tribunal' must be read in juxtaposition with the words 'the president may, by order, provide for the constitution of an administrative tribunal for the state ..... insulated from day-to-day political accountability but correspondingly burdened with oversight by professional peers and vigilant lay critics, can be expected to maintain...the price we pay for allowing judges to discharge this commitment is that, for various periods of time, an enlightened consensus may be blocked by blind judicial adherence ..... (telangana area) which become part of the state of andhra pradesh with effect from 1-11-1956 faced certain difficulties in regard to their service .....

Associates Cement Companies Ltd. Vs. State of Orissa

Court : Orissa

Reported in : 105(2008)CLT778; (2008)13VST90(Orissa)

..... passing the impugned order under rule 12(4) of the cst (orissa) rules for the impugned year, the assessing officer had disallowed the claim of branch transfer as envisaged under section 6a of the cst act and came to a conclusion that the cement dispatched from the factory at bargarh to the branch office at kolkata amounted to inter-state sale and not branch transfer as claimed by the company. ..... above observation, the tribunal came to the conclusion that the forums below were justified in holding such transaction to be in course of inter-state trade and commerce subject to levy of tax under the cst act. ..... question to be determined in this case is whether the dispatch of stock of cement by the petitioner from its factory situated at bargarh in the state of orissa to its branch in the state of west bengal is a sale in course of inter-state trade as contemplated in section 3(a) of the cst act or the said dispatch of cement was made otherwise than by way of sale as provided under section 6a of the cst act. ..... appeal was heard by a full bench of the orissa sales tax tribunal and by order dated february 20, 1997 the learned tribunal disposed of the said appeal with the following observation:considering these factors along with others, it is not disputed that the stockists were appointed. ..... petitioner is registered under the orissa sales tax act, 1947 (hereinafter referred to as, 'the ost act') and central sales tax act, 1956 (hereinafter referred to as, 'the cst act') in the state of orissa. .....