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Nov 13 1995 (SC)

Union of India and Others Vs. Suresh C. Baskey and Others Etc. Etc.

Court : Supreme Court of India

Reported in : [1995]Supp5SCR152; 1996(1)LC635(SC)

..... be computed on the basis of emoluments including house rent allowance with effect from 9th may, 1984 for work done between 371/2 hours to 48 hours per week in respect of all employees of the three (3) mints.going through the annexures to the application, the correctness of which has not been disputed by the respondents, i have no doubt in my mind that overtime allowance payable to the applicants must be computed inclusive of ..... of the view that on the plain reading of the instructions relied upon by the tribunal it is not possible to interpret the same to mean that the employees of the government-mint who are occupying government accommodation and as such are not being paid house rent allowance, are entitled to compute the over-time allowance by including the house rent allowance - notionally - ..... the question before the central administrative tribunal calcutta bench (the tribunal) was whether the employees (workmen) working in the government-mint, alipur, calcutta - who were allottees of government accommodation and as such were not being paid house rent allowance - were entitled to compute the over-time allowance payable to them after ..... affairs, for making payments of arrears of overtime allowance from 1.1.1956 onwards on the basis of emoluments including house rent allowance to the industrial employees as well as the classified staff of the india government mints at bombay, calcutta and hyderabad.xxx xxx xxxthis issues with the approval of ifa in the department vide their u.o. no. .....

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Nov 15 1968 (HC)

P.S.N.S. Ambalavana Chettiar and Co. (P.) Ltd., Madras Vs. Regional Pr ...

Court : Chennai

Reported in : AIR1970Mad194; (1970)ILLJ296Mad

..... 'establishment' has to be viewed in the sense of a 'house of business' as laid down in the decisions mentioned above, it is necessary to find out which of the workers in the mint street office fall within the definition in section 2(f); that is, which of them are persons who are employed in connection with the work of the establishment of the petitioner in its sense of a ..... petitioner to afford data to the regional provident fund commissioner for the purpose of showing whether all or only some of the workers in the mint street office are connected with the factory in the above manner, or whether there is still room for any of the workers in that ..... in this connection the petitioner's counsel offered to produce data which would show that it is possible to segregate the work done by the individual employees in the mint street office in the above manner, and according to him only such of those employees whose work can be shown to be connected with the factory could be brought ..... there may be scope, on a more careful examination of the work done by the individual workers in the mint street office to find out whether such connection between their work and the work of the factory can be established or not and confine the application of ..... the regional provident fund commissioner is directed to reconsider the case of the workers in the mint street office and if any of them are found not to be connected with the work of the factory, exclude them from the scope of the employees' provident .....

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Jul 17 1986 (HC)

Union of India (Uoi) and ors. Vs. Shambhunath Karmakar and ors.

Court : Kolkata

Reported in : 1989(22)ECC66,1987(13)LC160(Calcutta),1986(26)ELT719(Cal)

..... in the absence of relevant recordes showing when the gold and gold ornaments seized in the present case were forwarded to the mint and when the same were disposed of, aforesaid letters have no relevance for deciding the present case. mr. ..... d.5570/bi/52 dated 18.6.51 instructed that inter departmental adjustment of costs of confiscated gold received by the mint should not be carried out until the confiscated gold was really sold or otherwise utilised by the government ..... according to the central excise authorities after the confiscation order was passed gold seized from sambhunath karmakar had been sent to the mint of the government of india at calcutta and the same had been melted. ..... 3rd january, 1963 only reiterated that gold jewellery was not to be sold by public auction but was to be forwarded to the nearest mint for disposal as and when dispatch was possible in economical quantity. ..... we accept the claim of the appellants that the seized gold had been forwarded for melting to the government of india mint, same really amounted to appropriation by another department of the government. ..... so long as gold was held in the sale custody of the mint the value of such gold should not appear in the regular accounts and a proforma stock account should be maintained for the gold in terms of weight ..... dated 10.8.51 the government conveyed its decision that all confiscated gold irrespective of quantity, form or fineness should be forwarded to the nearest mint for disposal in economical quantities. .....

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Jul 08 1910 (PC)

Chunilal Ishwardas Vs. the Secretary of State

Court : Mumbai

Reported in : (1910)12BOMLR769

..... if he passed other coins, the fact that his employer appointed others, such as appraisers at the mint, and the mamlatdar and the aval karkun at the sub-treasury at nariad, to see whether the appellant did his duty according to the directions, and that those others allowed shikkai coins to be passed by him, ..... if he, or any other person similarly employed, remitted other coins, and the mint officers kept and used them for government, it cannot be said either that government caused the appellant intentionally to believe and to act upon the belief that their specific directions were modified by them-and ..... the idea underlying this defence is that had the mint returned the shikkai rupees, the shroffs could have exchanged them for babashai, have changed the latter for british and so have reduced their losses to something far short of what they have ..... action cannot bind government except so far as government have derived benefit from the action of the mint officers. ..... the mint officers were agents of government to receive babashai coins; they were not agents to contract for and on their behalf in the ..... for 130 shikkai coins, as if they were babashais), and the market value of the shikkai coins at the date of the remittance of the latter to the mint. ..... the directions given to him and the purpose of his employment is lost by reason of their conduct in keeping the shikkai coins, instead of returning them to the appellant, and in allowing without objection such coins to be remitted to the mint. .....

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Jan 23 2006 (SC)

Chairman-cum-m.D., T.N.C.S. Corpn. Ltd. and ors. Vs. K. Meerabai

Court : Supreme Court of India

Reported in : AIR2006SC3522; (SCSuppl)2006(2)CHN124; 2006(1)CTC348; [2006(108)FLR940]; (2006)ILLJ826SC; (2006)1MLJ166(SC); 2006(1)SCALE546; (2006)2SCC255; 2006(2)SLJ158(SC)

..... , chennai on 05.01.1981 which post she held till 28.01.1983 when she was suspended vide order dated 28.01.1983 pending initiation of disciplinary proceedings against her and the other members of the mint godown staff in respect of mis-appropriation of the corporation's stock and money in the sum of rs.9,86,980.56 committed by her in collusion with the other members of the staff through fraudulent practices ..... the disciplinary authority levelled against the respondent herein as well as against four other members of the staff of the mint godown, the following charges:charges:(i) that as staff of the mint (godown) has failed to maintain the prescribed records for the issue of stocks from the godown and neglected his primary ..... corporation stock and property and acted in an irresponsible manner by having direct collusion with the ads mint staff and swallowed the corporation accounts and money for their personal benefits. ..... (ii) that he/she neglected his/her primary duty as the staff of the mint godown and issued the stocks from the godown in a highly irresponsible and objectionable manner to the ads, mint without insisting for the proper acknowledgement from persons responsible and thus indulged in the fraudulent practices and swindled the ..... by the senior regional manager of the corporation in the court of additional chief metropolitan magistrate, egmore, chennai against the respondent herein and other members of the staff of the mint godown for offences under sections 409 and 477a i.p.c. .....

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Mar 27 1987 (HC)

Shivaji Jadhav Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR1987KAR2011

..... a letter dated 14-5-1986 was addressed to the superintendent, headquarters, preventive-ii, office of the collector of customs at belgaum by the government of india mint, bombay, stating that the gold is of foreign origin and to the best of their knowledge and belief, no dealer, refiner, etc. ..... jeshtmal contended that this shows that samples drawn were not from the gold rods seized on 28-3-1986 and therefore the report of the mint-master based on these samples cannot be relied upon. ..... on 22-5-1986 a letter was received from the mint stating that gold in question was of foreign origin ..... the samples were sent to the india mint at bombay along with a letter dated 2-4-1986 for assaying ..... the assay certificates sent by the mint master were received at the customs collectorate, belgaum, on 19-8-1986 and at cofeposa cell on 20-8-1986 ..... patil, superintendent of central excise and customs, headquarters, preventive, belgaum, explains the delay between the date of seizure and the receipt of the report of the mint-master and the assay certificates. ..... (iii) the report of the mint-master regarding the gold is not relatable to the gold seized from the detenu ..... if so, the opinion of the mint-master and the assay certificates pertain to the gold rods seized on 28-3-1986. 23 ..... samples drawn on 1-4-1986 were sent to the indian government mint, bombay, on 2-4-1986. ..... the mint-master has opined that the samples of gold sent to him were of foreign origin and to the best of his knowledge and belief no dealer, refiner .....

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Jan 12 1987 (HC)

Umesh Chandra Vs. K.G. Sooji

Court : Rajasthan

Reported in : 1989WLN(UC)513

..... of the court arising out of a stage of the proceeding and when the chief judicial magistrate has for the just decision of the case thought it proper to get the articles examined from the mint authorities and to have their report, the exercise of the power has a legal sanction from the said provision of the code and this court should not interfere in the exercise of that power which ..... i am therefore, of the view that the chief judicial magistrate while holding that in order to arrive at a correct decision of the case it was just and proper that the articles should be sent for examination so the mint was perfectly justified to do go in exercise of his powers under section 311 of the criminal procedure code which can be exercised at any stage of the proceedings and i am not ready to hold that the powers have ..... by examination in the case, for a just and proper decision of the case he though it proper that the seven biscuits shaped gold bars seized in the case may be sent to the mint for a report about the purity of the gold contained in them and for a report about it. ..... the chief judicial magistrate dated may 6, 1981, whereby the said magistrate had thought it proper to send the seized 7 biscuits shaped gold bars to the mint for examination whether they were of pure gold.2. ..... offences) jaipur has categorically stated in his order that in order to arrive at a correct decision of the case, he considers it proper to obtain a report about the purity of the articles seized from the mint.7. .....

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Dec 16 1969 (HC)

The Public Prosecutor Vs. Babulal

Court : Chennai

Reported in : 1973CENCUS1

..... 1.we are then left with the report of the mint master who is said to have assayed the gold seized from the accused. ..... here again reliance is placed for the prosecution on the mint master's report in the main to say that m.os. ..... p 7 shows that what was assayed by the mint mastter is gold which he received from a representative of the collector central excise on 14.6.1967. ..... it was already seen that the gold seized from the accused was sent to the mint master is along with the collector's letter ex. ..... p-7 issued by the master of the mint at hyderabad to prove this aspect of its case. ..... , as rightly pointed out by sri rama rao, the learned counsel for the accused, raises a serious doubt as to whether it relates to the gold that was seized from the accused or to some other specimen sent to the mint master for examination. ex. p. ..... but the mint master's report ex. ..... the mint master, to whom samples of the gold seized from the accused were sent for being tested, assayed the same and sent his report, ex. .....

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Feb 22 1971 (HC)

Abdul Rahiman Vs. the State of Mysore

Court : Karnataka

Reported in : 1972CriLJ406

..... criminal procedure code reads as follows:any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government, or the chief inspector of explosives or the director of finger print bureau or an officer of the mint, upon any matter or thine duly submitted to him for examination or analysis and report in the course of any proceedings under this code, may be used as evidence in any inquiry trial or other proceeding under this code ..... therefore, the provisions of section 510 of the criminal procedure code would not be applicable to these certificates issued by the mint master.he placed reliance on the decision in chauth mull v. ..... 1 (a) to 6 (a) had been sent to the mint master at bombay much prior to this complaint being instituted and that the proceedings held by the customs officers earlier to the institution of this complaint against the petitioner, i. e. ..... p-7 sent those pieces to the mint master at bombay for assay and report. ..... exhibits p-8 to p-13 issued by the mint master at bombay, and sent under his covering letter exhibit e-14.12. ..... p-8 to p-13 issued by the mint master at bombay, and those certificates are not at all admissible in evidence because the provisions of section 510 of the criminal procedure code would not be applicable. ..... ultimately, the mint master sent his certificates. .....

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May 05 2004 (SC)

H.B.L. Aircraft Batteries Ltd. Vs. Commissioner of Central Excise, Hyd ...

Court : Supreme Court of India

Reported in : 2004(94)ECC97; 2004(167)ELT483(SC); 2004(5)SCALE782; (2004)5SCC664

..... the contract between the mod and the assessee provided for supply of sliver from the mint at a particular rate and had to be supplied by the mod and in lieu thereof the appellants were allowed to retrieve silver from old used batteries, and their special feature cannot be ignored. ..... mod was holding the stock of silver in bombay and calcutta mints and supplied the same to various manufacturers of batteries from whom it was purchasing the batteries. ..... since the stock of silver in the mint depleted, mod supplied the old life expired batteries to retrieve the silver and to use the recovered silver in the manufacture of new batteries. ..... is it the price at which mod got silver from the mint or the market price of the silver? ..... was that the mod was allowed to purchase the silver from the mint at the rate of rs.2,500/- per kg. ..... had the stock of silver in the mint did not deplete, mod would have supplied silver from the mint. ..... after sometime, mod's stock of silver at bombay and calcutta mints got depleted. ..... , the price at which mod would get the silver from the mint. ..... which is the rate at which mod used to get the silver from the mint. ..... from the mints. .....

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