Court : Delhi
Reported in : 58(1995)DLT60; 1995LC31(Delhi)
..... various authorities. following the principles laid down in mangalore chemicals & fertilisers ltd. v. deputy commissioner of commercial taxes, mangalore division, mangalore and others, 1993 sale tax cas 265 (karnataka high court), parekh prints v. union of india, : 1991ecr167(delhi) and kashyap zip industries v. union of india, : 1993(64)elt161(sc) , i direct the ..... the article is co nomine, put under a proper classification to avoid controversy over the residuary clause. as a matter of fact in the red book (import trade control policy of the ministry of commerce) under item 150, in section ii, which relates to 'rubber, raw and gutta percha, raw', synthetic latex including vinyl! ..... to change item no. 87 to renumbered as 83(2). on 13th of september, 1974 the amendment was ordered by this court. in 1975, customs tariff act, 1975 was enacted. the changes effected were the plastic and resin became classifiable under heading 39.01/06 and rubber synthetic became classifiable under heading 40.01-04 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)(78)ELT44TriDel
..... the flour to manufacture bread out of it consume wheat and flour respectively in the course of their business (refer supreme court decision in the case of state of karnataka v. raghurama shetty - air 1981 sc 1206. the fire bricks do not lose their identity. even when replaced they are worn refractories. they do not get ..... of carbon, and the excess carbon must be removed from the product of the blast furnace to convert it into steel. the excess carbon is removed by controlled oxidation of mixtures of molten pig iron and melted iron and steel scrap in steelmaking furnaces to produce carbon steels of the desired carbon content. in this country ..... these bricks constitute an essential part of the furnace without which furnace could not work.12. the bricks are classified under chapter 69 of schedule to central excise tariff act, 1985 under heading 69.01.00. the heading reads refractory ceramic goods such as bricks, blocks, tiles and similar refractory ceramic constructional goods. the bricks are .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
..... cannot visualise a situation where a court is continuously deprived of its ordinary jurisdiction and the same is conferred on the tribunals under the control of the executive. since the act erodes the independence of judiciary, it is unconstitutional and is void.51. the petitioners have also challenged the appointment of the third respondent ..... legislative field between parliament and state and did not confer any power. then reference was also made to another decision of the supreme court in state of karnataka v. union of india : [1978]2scr1 , to show that parliament's power under entry 97 which is residuary entry in list 1 is all pervasive ..... arts. 323a or 323b of the law pursuant to the constitution court directive notwithstanding. the tribunals established and constituted under similar provisions remain within the administrative control of the executive once the selection and appointment of the chairman, vice-chairman and members is made. the people's confidence which the courts enjoy .....
Tag this Judgment!Court : Delhi
Reported in : 1995(35)DRJ616
..... faith or indirect motive or purpose except on clear proof thereof. in rajender rai vs . uoi, : air1993sc1236 and in m.sankaranarayanan ias vs . state of karnataka & ors., : air1993sc763 , their lordships have pointed out that inference as to malice must be based on factual matrix which cannot remain in the realm of ..... any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds on which administrative action is subject to control by judicial review. the first ground i would call `illegality', the second `irrationality' and the third `procedural impropriety!35.2in state of west bengal vs ..... relevant part thereof reads as under :'the powers conferred on me under the following sections of the dmc act, 1957 shall also be exercised by the municipal health officer, to the full extent, subject to my control supervision and revision and that of the concerned deputy commissioner. .....421,422,423.................. sd/- ( r.n .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(84)ELT64TriDel
..... other provisions which were themselves free from time limit restrictions, section 11a will [loom] large this judgment was taken note of in the tungabhadra judgment of the karnataka high court but not brought to the notice of the gujarat high court in the torrent case. it is incidentally to be noted that even in the ..... credit had been wrongly availed of or utilised in an irregular manner, he takes steps to recover the duty which was legitimately payable by the assessee under the act in accordance with the procedure prescribed under the relevant rules. the scheme provides for debiting, the credit availed of to the pla account, which is a ..... or taken away by the enactment expressly or by necessary implication. it is only a declaratory or procedural enactment which is normally held to be retrospective. a remedial act, on the contrary, is not necessarily retrospective, it may be either enlarging or restraining and it takes effect prospectively, unless it has retrospective effect by express .....
Tag this Judgment!Court : Delhi
Reported in : 1997CriLJ1210; 1996(38)DRJ219
..... be termed as interlocutory as held by the supreme court in the following cases madhu limaye vs . state, : 1978crilj165 , amarnath vs.state, state of karnataka vs . munni swamy : 1977crilj1125 , raj kapoor vs . smc : 1980crilj202 , v.c.shukla vs . state, : 1980crilj690 , lalit mohan mondal vs ..... in the case of interlocutory orders, in the inherent powers of the high court under section 482, are not controlled by section 397(2). the full bench of andhra pradesh high court in the case of puritipati jagga reddy ..... the recommendation of the union public service commission. he was allotted railway ministry and joined service as indian railway traffic service officer. this fact is not in dispule, thereforee, in view of the decision of the supreme court ..... a complaint lodged by a prosecutrix against the police officials alleging therein that police officer committed excesses and further act of police in committing excesses was not in discharge of official duly, this court repelled these submissions and .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIIAD(Delhi)729; 63(1996)DLT529; 1996(38)DRJ273
..... at all care for the dignity of the judges? may it be realised that in our democratic set up, the judges' dignity can never be a one sided traffic, and can never be divorced from the dignity of an advocate. the concept of maintaining dignity and decorum of our law courts is essentially based upon mutual respect for ..... : 1989crilj1 , generally a conspiracy is hatched in secret and it may be difficult to adduce direct evidence of the same. the prosecution may often rely on evidence of acts of various parties to infer that they were done in reference to their common intention. (31) it is true that what transpired between the petitioner and chandraswami when they ..... summon the person under section 319 who was discharged by him, the examination-in-chief alone could not be said to be such evidence upon which the magistrate could act under section 319 as it was incomplete statement. the person summoned under section 319 should be given an opportunity to cross-examine the witness.' it is not clear .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)67; 63(1996)DLT786; 1996(38)DRJ555
..... in durga chand kaushish & anr. vs. union of india & ors. : air1979delhi249 :- 'a lacuna or absence of policy and purpose relatable to regulation or control in the principal act cannot be removed or cured by the same being set out in the rules or regulations framed by an authority delegated by the legislature to do so as a ..... veterinary colleges are merely advisory in nature and does not necessarily bind any university or the veterinary institutions.' (emphasise supplied) (28) prior to the decision of the karnataka high court there was some confusion prevailing as to who would conduct the all india entrance examination. the report of iiird dean's committee (quoted in para 11. ..... by the vci. aggrieved by the communication dated 21.9.95 of the said university the vci filed a writ petition. dismissing it, the high court of karnataka held :- on a plain reading of section 22, it is quite clear that under this provision the council can make regulations only for specifying minimum standards of .....
Tag this Judgment!Court : Delhi
Reported in : 64(1996)DLT295
..... . (iii) irregularities in local purchase of milk, where-in proper procedure for local purchase was not followed. (iv) lack of proper command and control on personnel under command of military farm meerut and military farm depot roorkee and not owning accountability for their failure, inefficiency and indiscipline. (v) unbecoming ..... central command, partly agreeing with the recommendations of the general officer commanding uttar pradesh area, for taking disciplinary action against the petitioner for the alleged acts of omission and commission. on 9th september, 1993, quarter master general, army headquarter while agreeing with the recommendations of goc-in-c.central command ..... , meerut while supplying milk to military farm, depot roorkee failed to exercise proper command and control on functioning of military farm, meerut and military farm depot, roorkee and personnel under his command 3rd charge an act prejudicial to aa section 63 good order and military discipline in that he, at meerut during .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)440; II(1997)BC102; 67(1997)DLT1; 1997(41)DRJ515
..... determining the evaluated bid price (the bank was also of the view that the live cycle costing was not robust as the assumptions about the pavement design, future traffic and maintenance appeared to be of doubtful validity); (v) the bank noted that the lowest evaluated substantially responsive bid amongst all the bids was the lowest evaluated bid ..... like the petitioner, are parties to the loan agreement between the government of india and the adb. but the agreement clearly manifests adb's intention to exercise its control over the procedure for entering into contracts or their execution. after all, it is giving the money on concessional terms and the government of india when it gives ..... terms of the loan agreement between the government of india and the adb. (b) the provisions of the adb act, 1966. (c) the provisions of the nhai act, 1988 (d) the extent to which nhai's decision can be legally controlled by the terms of the loan agreement between the government of india and the adb. (e) if the .....
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