Court : Rajasthan
Reported in : (2003)185CTR(Raj)601; [2003]264ITR744(Raj)
..... assessing officer on november 9, 2000, making variation in the calculation computing the interest as made by the assessee under sections 234b and 234c of the act.5. aggrieved by the aforesaid additions made to the admitted liability to pay interest by the assessee while exercising jurisdiction under section 143(1), the assessee preferred ..... made in the computation of interest under section 234b. only the issue with respect to addition on account of interest computation under section 234c of the act survives.8. the assessee's contention in that regard has been, firstly that the assessing officer was not justified in making such recomputation of interest chargeable ..... on which two views are possible without having recourse to regular assessment proceeding after issuing notices under section 143(2). as noticed above, since the amendment act, 1999, any such discretion in the assessing officer to make prima facie adjustment of any claim made by the assessee, or the liability admitted by the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj119; 2001(4)WLC255; 2001(3)WLN626
..... have civil consequences. the law must now be taken to be well settled that even in a administrative proceedings which involves civil consequences the doctrine of natural justice must be held to be applicable. disclosure of evidence in support of each charge levelled against a delinquent elected member of board seems to be an integral ..... debarring a member of board from re-election for a period of five years in consonance with the principle of natural justice and fair play in exercise of its power under sub-section (3) of section 63 of act no. 38 of 1959 published in rajasthan gazette (extraordinary) part iv(c) of 26-11-59.9. it ..... m. rafiq learned additional advocate general that if the court arrived at a conclusion that principle of natural justice are violated and judicial inquiry initiated in these cases are found to be not completed in accordance with rajasthan municipal act and rules framed thereunder then the case may be remanded to the state government to follow the procedure .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989(58)FLR217]; (1994)IIILLJ922Raj
..... duty. admittedly, he was taken on duty with effect from september 10, 1976. it is apparent from the application (annexure-9) moved under section 33c(2) of the act and its accompanying chart that the petitioner has claimed his wages of the period from may 21, 1975 to september 9, 1976. respondent no. 1 has seriously opposed it in ..... to september 9, 1976 the same have seriously been contested by the respondent no. 1 in his reply and they could be determined under section 33c(2) of the act.4. the learned government advocate tried his best to support the impunged order (annexure-11)5. it is clear from the award (annexure-i) that no amount has ..... period from may 21, 1975 to september 9, 1976 but the respondent refused to pay the same. thereafter, he moved application (annexure-9) under section 33c(2) of'the act before the industrial tribunal-cum-labour court, jodhpur. the respondent no. 1 filed his reply (annexure-10). during the hearing of this application, the learned counsel for the respondent .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN225
..... obtained exparte injunction.i am satisfied that such a course is not permissible and would completely defeat the very provisions of section 257b of the rajasthan land revenue act because in this case any person instead of paying his amount to the revenue authorities would file a civil suit for injunction with a prayer that the revenue ..... to a local authority:(i) by way of fees, fines, penalties, compensation or costs imposed or awared by any authority, not being a civil or criminal court, under this act or under any other law for the time being in force, or(ii) on account of pasturage, forests rights, fisheries mills, natural products of land, water-rates, irrigation ..... rs 4000/- from the plaintiff pending the disposal of the suit. this application leaves no room for doubt that the recovery proceedings under section 257 a of the act had commenced. a suit to restrain the recovery by an injunction is impliedly barred as that would interfere with the process of recovery. i may, however, make .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993WLN(UC)539
..... e.e. & c. ltd. v. state of w. bengal : [1975]2scr674 conceded that the petitioners could not be debarred from obtaining licence under the excise act for a period of three years without having been given a hearing and admittedly, no opportunity of hearing was given to the petitioners-appellants before passing that part of the ..... learned counsel for the appellants is provisional acceptance and so, contended the learned counsel, that there was no definite acceptance, as envisaged by sections 7 of the contract act, which is as follows:7. in order to convert a proposal into promise, the acceptance must:(1) be absolute and unqualified;(2) be expressed in some usual ..... the forfeiture of the money is illegal and(3) that in any case, entire earnest money could not be forfeited as under section 74 of the contract act, reasonable compensation should have been awarded.the additional government advocate has supported the judgment under appeal for the reasons given by the learned single judge.9. tender .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN148
..... regional provident fund commissioner had informed the petitioner by letter dated 16th november, 1961 that the petitioner was not covered by the provisions of the act and the scheme framed thereunder and that later on the petitioner made a representation to the central government and the central government informed the petitioner ..... writ be issued against the respondents quashing the decision of the central government dated 5th september, 1964 and restraining them from enforcing the provisions of the act and the scheme framed thereunder against the petitioner.3. the material facts are not disputed by the additional advocate general appearing on behalf of the ..... industry 'electrical mechanical and general engineering products'. after this decision, the regional provident fund commissioner asked the petitioner to implement the provisions of the act and the scheme framed, there under from 31th december 1957. the petitioner's case is that the said officer is threatening to take proceedings for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)
..... necessary to state a few facts. the state government of maharashtra by a notification dated february 21, 1986, issued under section 3 read with section 5(1) of the commissions of inquiry act, 1952 appointed shri justice b.lentin, judge of the high court of bombay as a one-man commission of inquiry to probe ..... into the deaths of 14 patients in the government-run jamsetjee jee bhoi hospital, bombay between january 22, 1986 and february 7, 1986 after they were administered contaminated ..... glycerol. the aforesaid notification of the state government was to the effect:medical education and drugs departmentmantralaya, bombay 400 032. dated 21st february, 1986.commissions of inquiry act, 1952.no. jjh. 2088/712/med-4 -whereascertain deaths of patients alleged to be due to drug reaction, occurred in neuro surgery, neurology, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom299
..... in para 61 above; viii) all suits and petitions relating to muslim women where the cause arises under the dissolution of muslim marriages act 1939, and muslim women (protection. ofrights on divorce) act, 1986 as well asmatrimonial causes amongst jews are cognizable by the family court and all such pendingmatters are liable to be transferred to thefamily court. ..... 1925) 50 bom 369 : air 926 bom 169, wherein matrimonial jurisdiction was regarded as distinct from civil jurisdiction. it is further clear from the judgment of mr. justice k. k. desai to which reference has been made above, that such suits were not cognizable by the city civil court. desai j., has discussed this aspect in ..... and the decision of the full bench in the case of ninadalal v. merwanji pherozshaw, ilr (1930) 54 bom 877 : air 1930 bom 385, thus:--'mr. justice broomfield was of the view that whatever may have been the matrimonial jurisdiction of the court under cl. 35 of the letters patent when it was enacted or promulgated, .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIAD(Delhi)265
..... under the law and at that stage the requirement of notice is excluded by the express repeal of section 5 of the fare act,1961. according to him the pplicability of the rules of natural justice is done away with in view of the change in the law that has been brought in by the provisions of the ..... that the enforcement of the award would not be contrary to the public policy of india. in central inland water transport corporation ltd. vs . brojo nath ganguly : (1986)iillj171sc it was held that the principles governing public policy must be and are capable, on proper occasions, of expansion and modification. in a matter like that and to ..... a different court which also may have territorial jurisdiction to try the proceedings and thus leading to complications.accordingly, in my considered opinion, rules and principles of natural justice are embodied in the aforesaid provisions and, thereforee, when a party applies seeking for enforcement of an award notice has to go to the other party atleast to .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(111)BomLR261; [2009]151CompCas358(Bom); [2009]89SCL169(Bom)
..... cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an ..... subsequent to 1995 when the shares were required to be listed. he has placed reliance on the judgement in laxmi n. joshi v. state of maharashtra air 1986 sc 439. the cases cited by the learned counsel for the respondent to buttress his submission that the directors are vicariously liable for offences committed by the ..... user is a continuing offence of the same type which was initially committed in changing the complexion of user. in order to constitute a continuing offence the acts complained of must at every moment of continuance reflect all the ingredients necessary for constituting the offence. as we have seen conversion or transitional phenomenon of complexional .....
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