Judgment Search Results Home > Cases Phrase: legal services authorities amendment act 2002 section 6 amendment of section 27 Page 6 of about 21,149 results (0.248 seconds)

Abir Infrastructure Private Limited Vs. Teesta Valley Power Transmissi ...

Court : Delhi

..... the indian telegraph act, 1885, as amended by act no.8 of 2004, with effect from april 01, 2002, vide section 3(1aa) defines telegraph to mean any appliances, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images, and sounds or intelligence of any nature by wire, visual or other ..... house of lords in ucm (investment) s case (supra) viz-a-viz a plea of fraud in invoking the guarantee and the opposite party being in breach of its obligations under the contract, the supreme court summarised the legal position as under: the whole commercial purpose for which the system of confirmed irrevocable documentary credits had been developed in international trade was to give the seller of goods an assured right to be paid before he parted ..... the supplementary agreement(s), pertaining to time schedule, was drawn up as under:- time schedule (appendix-4-contract agreement) the contractor shall complete the services including the additional items of works/services within the time for completion given under the contract unless an extension of time is authorized by the employer keeping in view the additional scope of services, if any. ..... . in the decision reported as 1989 (2) scc116bareilly development authority vs ajay pal singh it was held that after entering into the field of contracts, the relations are no longer governed by the constitutional provisions but by the legally valid contract which determines the rights and obligations of .....

NitIn Spinners Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)10STT127

..... the learned consultant appearing for the appellant submits that the amount of service tax deposited by them with the department was in pursuance to the show cause notice issued by the authority.hence the refund claim is admissible in view of the decision of the hon'ble supreme court in ..... that, when the finance act, 1994 was amended in 2003 with retrospective effect, the appellants have deposited the tax on the basis of letters issued by the superintendent, central excise range-iv, bhilwara wherein he has requested that the service tax be paid, if ..... tax after retrospective amendments in section 68 and 70 of the finance act 1994 vide finance act 2003. ..... case, the adjudicating authority has not decided the demand raised under section 73 of the finance act 1994. ..... has followed the said judgement of the apex court and held that "the service tax which was paid by the appellants will be deemed to have been paid ..... by both sides and perused records.in this case, the appellants have on their own filed service tax returns (st 3b) on 13-11-03, deposited the service tax liability as was determined by them on self-assessment. ..... a detailed finding on this aspect which is reproduced below:- i have carefully gone through the case records and submissions made by the appellants and find that they have not paid the service tax in compliance to the show cause notice served to them on 12-07-02. ..... held that the levy of the service tax is constitutional valid and legal.jindal steel and power ltd. ..... raipur 2002 ( .....

Morgan Securities & Credits Pvt Ltd vs.videocon Industries Ltd (Thro R ...

Court : Delhi

..... judgement, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing off by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002); (d) the recovery of any property by an owner or lessor where such property is occupied ..... (4) the order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process: provided that where at any time during the corporate the adjudicating authority approves the resolution plan under sub- section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. ..... kishnendu datta learned counsel for the appellant referred to the amendment to section 14 (3) of the insolvency of bankruptcy code 2016 (ibc) brought about with retrospective effect from 6th june, 2018. ..... (2) the supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. .....

P. Krishnamoorthy and Others Vs. The Commissioner, Hindu Religious and ...

Court : Chennai Madurai

..... . ram gopal sharma reported in 2002 (2) scc 244, at special page nos.245 to 247, it is observed as under:- the object behind enacting section 33 of the id act, as it stood before the 1956 amendment, was to allow continuance of industrial proceedings pending before any authority/court/tribunal prescribed by the act in a peaceful atmosphere undisturbed by any other industrial dispute ..... the second respondent/joint commissioner, hindu religious and charitable endowments department, madurai, had violated the principles of natural justice, while passing the impugned order, dated 20.06.2016, in respect of the writ petitioners, bristles with legal infirmities, considering the fact that the second respondent had not followed the principles of natural justice and especially, when the aspect of superseding the hereditary trustees (including the chairman of the board of ..... . if the authority refuses to grant approval obviously it follows that the employee continues to be in service as if order of discharge or dismissal never had been passed ..... . therefore, it was amended in 1956 permitting the employer to make changes in conditions of service or to discharge or dismiss an employee in relation to matters not connected with the pending industrial dispute ..... the then executive officer mr.velusamy, who was hand in glove with the chairman of the board of trustees was suspended from service and charges were framed against him and departmental proceedings is pending against him. 4.6. .....

Ashok Lanka and anr. Vs. Rishi Dixit and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2821; JT2005(5)SC395; (2005)5SCC598; (2006)9SCC90

..... ii of 1915), the state government hereby makes the following amendment in the chhattisgarh excise settlement of licenses for retail sale of country/foreign liquor rules, 2002, namely :amendmentin the said rules, in rule - 8, - (i) the existing clause (c) shall be substituted by the following clause (c), namely :-(c) the application form under rule-6 along with prescribed application fee shall be submitted to the licensing authority of the concerned district within prescribed dale & time for grant ..... good moral character and have no criminal background and have not been convicted of any offence punishable under the act or narcotic drugs and psychotropic substances act, 1985 or any other law for the time being in force or any other cognizable and non-bailable ..... section 7(e) of the act provides that the state government may, by notification, for the whole or for any specified part of the state, delegate to the chief revenue authority or the excise commissioner all or any of its powers under the said act except the power conferred by section ..... powers conferred under section (d), (e), (f), (g) and (h) of sub-clause (2) of sub-clause (3) of clause 62 of the chhattisgarh excise act, 1915 (no ..... section 63 of the act provides that all rules made and notifications issued thereunder shall be published in the official gazette, and shall have effect from the date of such publication or from such other date as may ..... section 62 of the act empowers the state to frame rules for the purpose of carrying .....

Tarakeswar Mohanty Vs. Life Insurance Corporation of India and ors.

Court : Orissa

Reported in : (2009)107CALLT381(NULL)

..... against such penalty of removal from service, the petitioner preferred an appeal before the appellate authority on 31.5.2002 vide annexure-10, but the same was rejected by the appellate authority by the order dated 2.9.2002 in annexure-h.the petitioner thereafter filed a memorial under regulation 49 before the chairman but the same was also rejected by the order dated 3.10.2003, vide annexure-12. ..... the chairman on going through the records and considering the grounds taken by the petitioner, by order dated 14.9.1999, vide annexure-4, set aside the orders dated 19.9.1996 and dated 21.10.1997 passed by the disciplinary authority and the appellate authority respectively and remitted the matter to the disciplinary authority with a direction to conduct fresh enquiry properly after affording reasonable opportunity to the petitioner to conduct his defence in respect of the charges. ..... the petitioner submitted his reply on 27.1.2001, vide annexure-b.the disciplinary authority ultimately passed the order dated 30.3.2002 imposing on the petitioner the penalty of removal from service in terms of regulation 39 (i) (f) of the staff regulations, vide annexure-9. ..... the disciplinary authority has concurred with the findings of the enquiry officer, but has taken new ground for imposing the major penalty, which is not legally available to the disciplinary authority. ..... therefore, the order imposing penalty is not legally tenable. .....

Bijender Singh Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2005)140PLR559

..... it is a settled proposition of law that benefits illegally granted by the authorities to one party would not create a legal right in favour of other party which can be enforced by issuance of a writ in the nature of mandamus, in the case of chandigarh administration v. ..... generally, speaking, the mere fact that the respondent-authority has passed a particular order in the case of another person similarly situated can never be the ground for issuing a writ in favour of the petitioner on the plea of discrimination. ..... unmindful of this legal position, some governments and public authorities have been offering compassionate employment sometimes as a manner of course irrespective of the financial condition of the family of the deceased and sometimes even in posts above classes iii and iv. ..... it is in these circumstances that she was not allowed to join the service...xxx xxx xxx xxxxxx xxx xxxit is at that stage that the mistake was discovered in the present case and the respondent was not permitted to resume her duties. ..... it is true that government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules ..... this court would not condone such an act on the ground that the cancellation of the appointment even though illegally made, has been cancelled without observing rules of natural justice. .....

Smt. Kanaka Sahoo Vs. State of Orissa and ors.

Court : Orissa

Reported in : 106(2008)CLT511

..... of grant-in-aid in favour of the petitioner therein was held to be discriminatory and violative of article-14 of the constitution of india and a direction was issued to the state authorities to approve the appointment of the petitioner therein as against the first post of lecturer in education and to release all consequential service benefits.it is asserted by the learned counsel for the petitioner that the circumstances of the present case is squarely covered by the facts and the judgment of this ..... a further plea has been raised on behalf of the state in the counter affidavit that in view of section 8(6) of the orissa fiscal responsibility and budget management act, 2005, notified on 6.6.2005, no liability can be created outside the budget provision in any financial year without approval of the government in finance ..... is stated that the principal of the college provided all necessary documents in original for verification, whereafter, the director on verification of the documents issued a letter on 14.1.2002 under annexure-9 recommending the case of the petitioner to the state government for approval of her appointment as against the first post of lecturer in sociology.8. ..... learned counsel for the petitioner submits that from the letter of the director dated 14.1.2002 (annexure-9), it would be clear that the college had got concurrence and affiliation of +2 arts stream with 64 seats for the session 1989-90 vide letter dated 3.2.1990 and 3.4.1992 respectively and thereafter, vide .....

Y. Rajendra Deputy Commissioner of Income-tax Vs. Khoday Eshwarsa and ...

Court : Karnataka

Reported in : (2005)195CTR(Kar)57; [2005]272ITR448(KAR); [2005]272ITR448(Karn)

..... the case of the prosecution is that the search of the respondents' premises was conducted in the month of february, 1997, and seized cash, certain books of account and then issued notice under section 158bc of the act to the respective respondents calling upon them to furnish the return of the income for the periods 1986-87 to 1996-97 within 45 days from the date of receipt of that notice. ..... can enure only when it is proved as a fact that assessee has wilfully failed to furnish return in due time after service of notice under section 148 and, thus, service of notice is a condition precedent before proceeding to punish assessee under aforesaid provision-held, yes -whether notice accepted by chartered accountant working for assessee or service of notice on accountant of assessee could be deemed to be service of notice on assessee-held, no-whether, therefore, trial court was justified in rejecting criminal complaint filed under ..... since the chartered accountants who represented the respondents in the present case, though not authorised, received notice issued to the respondents by the authorities, and subsequently they ratified the act of the chartered accountants about the receipt of the notice, the respondents are estopped from contending that they have not received mandatory notice issued under section 158bc of the act. ..... mukesh kumar wherein the high court of punjab and haryana held that (see [2002] taxman 55 :'. . . .....

The Income Tax Officer, Vs. Urban Improvement Trust

Court : Supreme Court of India

..... section 10(20) as amended by finance act, 2002 is as follows:- 10(20) the income of a local authority which is chargeable under the head "income from house property", "capital gains" or "income from other sources" or from a trade or busi- ness carried on by it which accrues or arises from the supply of a commodity or service (not being water or electricity) within its own ju- risdictional area or from the supply of water or electricity within or outside its own ju- risdictional area. ..... the definition of local authority given under section 3(31) of the general clauses act was as follows:- local authority shall mean a municipal committee, district board, body or port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund; 19. ..... learned counsel for 14 the assessee claim that the assessee is covered under clause (iii) of explanation to section 10(20), which is to the following effect:- (iii) municipal committee and district board,legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund; or 20. .....