Court : Delhi
Reported in : ILR1983Delhi661
..... of the sca. further assertion was made that neither the member (staff) who is concerned with the establishment nor the member (mechanical) controlling the category of mechanical officers was taken into confidence and the decision was taken by the chairman of course with the approval of the minister ..... revenue establishment of indian railways, e.g. (i) civil engineering department for construction of railway lines and maintenance of track, buildings, etc., (ii) traffic transportation and commercil department for production and scale of rail transport and (iii) mechanical engineering department for main tenance of locomotives, carriages and wagons. with ..... 'theinterests of fairness to individual whose interests will otherwise be directly and prejudicialiy affected may lead the courts to attribute binding effect to administrative acts and decisions which the competent authority wishes to repudiate or rescind, indeed, it would seem that the legal competence of administrative bodies to rescind .....
Tag this Judgment!Court : Delhi
Reported in : 1983(12)ELT258(Del)
..... tax can be imposed by analogy is unexceptionable. 13. but in this connection it is equally well to remember that 'it is primarily for the import control authorities to determine the head or entry in tariff schedule under which any particular commodity fell, but it in doing so, these authorities adopted a construction which ..... would be proper exercise of discretion not to entertain the petition unless the parties concerned have exhausted the statutory remedy available to them under the customs act and excise act; (f) barring exceptional and clear cases of excess of jurisdiction of manifest perversity it would be a proper exercise of discretion for the courts ..... retrospective effect.' [state of punjab v. dewan's modern breweries ltd., : [1979]3scr568 23. the argument, thereforee, that the legislature by making an act retrospective has acted unreasonably because it will affect some of the contracts which have already been entered into is without any substance. we were referred to a letter of 12 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1990)LC725Tri(Delhi)
..... in the order of reference, while shri m. ganesan, advocate, who happened to be counsel in another appeal, which had been filed under the provisions of the gold (control) act, was also present to watch the proceedings. shri d.n. kohli, advocate had presumably filed some appeals, before the tribunal against some order of the additional collector, central ..... as air 1974 sc 818," a 'manager' was held to be an 'owner', in view of the inclusive definition contained in tamil nadu buildings (lease and rent control) act, 1960.78. same proposition was endorsed by supreme court in case reported as air 1961 sc 606 (para 10) that by "including an additional district magistrate, power is ..... rules. [the navjeevan mills co. ltd., calol-1972 company law cases vol 42 page 265] the high court of karnataka has stated "it is the settled rule of construction of statutes that the provisions of an act are not to be construed with reference to the rules made thereunder or the forms prescribed by the rules. on .....
Tag this Judgment!Court : Delhi
Reported in : AIR1984Delhi38; 25(1984)DLT24; 1984RLR20
..... decision of a competent court. the recent development of declaration in england and u.s. has shown that a declaratory judgment is an efficient and effective means of controlling the conduct of public authorities. that a declaratory judgment cannot be executed is of minimal importance, since public authorities would be even less likely to disregard it than ..... effect of a declaration judgment? it seems to lack a sanction, for you cannot enforce a judicial statement of right by the machinery of the law. whether to act in defiance of a declaration would amount to a contempt of court is a question which is increasingly coming before the courts in recent years in one form or ..... the eye of law he is deemed to be in service. (11) courts in india have this statutory power to make declarations under section 34 of the specific relief act, 1963. the section for declaration is today commonly used as a remedy in public law. declaration is of extremely wide scope, and has become more and more prominent .....
Tag this Judgment!Court : Delhi
Reported in : ILR1995Delhi49
..... provisions are not implemented by the m.c.d.31. similarly the counsel referred to the water pollution control act 1974, section 16 of the air pollution act, 1981, aircraft rules, 1973, national health services act 1983. in substance the main submission of the counsel for the petitioner has been that wholesome water and ..... all these rules and regulations in the functioning of the idgah slaughter house.10. in the petition, it is mentioned that the air (prevention & control) pollution act was passed in 1981. the stench emitted by slaughtering in this manner is also causing serious air pollution and consequently violating its provisions. the pollution ..... unacceptable because :-- -- it is an unsocial activity that should be removed from residential areas;-- gross movement of livestock into the centre of delhi causes considerable traffic congestion,-- serious public health risk arises from the large quantity of affluent for which urban sewers in old delhi are not adequate. (ii) the existing .....
Tag this Judgment!Court : Delhi
Reported in : 1985CriLJ1230; ILR1984Delhi588
..... recital of the intent of its framers and can be considered as a key to the constitution of the statute. the object and purpose of the e.c. act is of controlling the production, supply and distribution of, and trade and commerce in certain commodities. section 3 confer powers on the central government who may by order provide for regulating ..... of an essential commodity seized in contravention of an order issued under section 3 is a discretionary power as the word 'may' in section 6-a suggests. (see: state of karnataka vs . k. b. walvaker', : 1981crilj867 ).(17) for these reasons the petition is allowed and the impugned orders are quashed. the case is remanded back to the collector ..... delhi sugar dealers licensing order 1963 (for short called the order). the order consists of 11 clauses. the scheme of the order is to require every dealer for controlled sugar or dealer for free sale sugar to take out a license to carry on the business as dealer. the language of clause 3 is that 'no person shall .....
Tag this Judgment!Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... held by the supreme court that theconditions subsequently imposed on the license, being non-statutory, cannot be treated as prohibitions imposed by theimport and export (control) act, 1947 and customs act thereforee, confiscation orders are without jurisdiction. east india commercial co. : 1983(13)elt1342(sc). this principle was reiterated by the supreme court in ..... 1180, 1181, 1182 issued in 19/04/1981 and1982 issued by the central government in exercise of the powers conferred by section 3 of imports exports (control)act, 1947, by which it gave general permission to import into india from any country raw materials, components consumables by actual users (industrial), subject amongst ..... license. the import, by the petitioner, was rightly held to be prohibited in terms of theimport policy and in violation of the import control act and the customs act and the same would evidently invite the penalty of confiscation. point no. 1 is answered against the petitioners.(37) point no. 2mr. iyer .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(21)ELT532TriDel
..... the requirements of that standard under a well-defined system of inspection, testing and quality control which is devised and supervised by isi and operated by the producer. isi marked products are also continuously checked by isi for conformity to that standard as ..... qualities that they were not marketed, were not marketable, and therefore would not form goods and for these reasons were not excisable under the central excise act because the act and its tariff recognize only commercially pure or commercial grade goods. by this the learned counsel for m/s. ilac means that if a product does ..... 2.3 of indian standard : 1040-1978- "the use of the isi certification mark is governed by the provisions of the indian standards institution (certification marks) act and the rules and regulations made thereunder. the isi mark on products covered by an indian standard conveys the assurance that they have been produced to comply with .....
Tag this Judgment!Court : Delhi
Reported in : ILR1986Delhi191b; 1986RLR56
..... madras high court held that anticipatory bail could be granted even in respect to offences punishable under the provisions of the customs act. (19) in k. c. iyya and etc. v. state of karnataka, 1985 crl. lj. 214 the kerala high court held that the guidelines laid down in the matter of granting anticipatory bail ..... court authorities : [1962]3scr622 are fully applicable and bail cannot be granted in view uf prima facie commission of the offences under section 3 of official secrets act punishable with maximum imprisonment of fourteen years. under these circumstances there is hardly any justification for the grant of bail. (34) further, from a combination of ..... india in different spheres including defense. thereforee, the police wan is to arrest the petitioner in respect of commission of offences punishable under the provisions of official secrets act. (10) the arguments in respect of both the petitions were heard together. on october 3, 1985 when the arguments were started, on an application of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1986)16ITD43(Delhi)
..... that case, to debate as to whether the right to receive cash assistance was a statutory right, having its roots in section 3 of the imports and exports control act or whether it was an equitable right arising from the doctrine of promissory estoppel. it was enforceable right under the law, either way. the following observation of ..... the statutory basis for all these schemes, which were intended to regulate, promote and channelise the country's exports lay in section 3 of imports and exports (control) act. so the same statute as backed up by the schemes of import entitlements and duty drawbacks was behind the scheme of ccs and a legally enforceable right in ..... entitlements and duty drawbacks were given by the government in terms of section 3 of the imports and exports (control) act, 1947, but granting of ccs could not be related to any such statutory provision. it was purely an administrative act, and its authority lay in the circular of the ministry of commerce dated 17-8-1966, referred to .....
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