Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
..... rajasthan spinning and weaving mills 2009 (238) elt 3 (sc) held that penalty under section 11ac of the central excise act, 1944 is a punishment for an act of deliberate deception by the assessee with the intent to evade duty by adopting any of the means mentioned in the section. ..... revenue filed these appeals against the impugned orders passed by the commissioner (appeals) whereby the penalty imposed under rule 15(4) of cenvat credit rules, 2004 read with section 11ac of the central excise act, 1944 and section 78 of the finance act, 1994 were set aside. 3. ..... the adjudicating authority confirmed the demand along with interest and imposed penalty equal to the amount of credit under rule 15(4) of the cenvat credit rules, 2004 r/w section 11ac of central excise act and r/w section 78 of the finance act, 1994. ..... cce 2009 (240) elt 641 (sc) set aside the penalty imposed under section 11ac of the act, 1944. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
..... rajasthan spinning and weaving mills 2009 (238) elt 3 (sc) held that penalty under section 11ac of the central excise act, 1944 is a punishment for an act of deliberate deception by the assessee with the intent to evade duty by adopting any of the means mentioned in the section. ..... revenue filed these appeals against the impugned orders passed by the commissioner (appeals) whereby the penalty imposed under rule 15(4) of cenvat credit rules, 2004 read with section 11ac of the central excise act, 1944 and section 78 of the finance act, 1994 were set aside. 3. ..... the adjudicating authority confirmed the demand along with interest and imposed penalty equal to the amount of credit under rule 15(4) of the cenvat credit rules, 2004 r/w section 11ac of central excise act and r/w section 78 of the finance act, 1994. ..... cce 2009 (240) elt 641 (sc) set aside the penalty imposed under section 11ac of the act, 1944. .....
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..... of the matter, the authorities are bound to implement the selection grade and special grade scale of pay as indicated in schedule ii of the tamil nadu revised scales of pay rules, 1998 and they cannot refused to extent the benefit uniformly to all the drivers who have no promotional avenues. ..... grade : rs.5500-9000 in view of the above time scale of pay, it is clear that as per the revised pay rules, the fixation for the selection grade should be done at rs.5000/- - rs.8000/- and special grade at rs.5500/- to ..... bench noted that the tribunal has no jurisdiction to direct initiation of the proceedings under rule 9 of central civil service (pension) rules against him, since he was not in service after 30.11.1994. 50(ix) ..... relevant to extract paragraph 4 of the g.o.ms.no.162, finance (pay cell) department, dated 13.04.1998 and schedule ii to the rules as per g.o.ms.no.162, as hereunder: selection grade and special grade scales of pay:4. ..... lord mac dermot observed : ".the matter cannot, of course, be settled merely by treating the ipsissima vertra of willes, j.as though they were part of an act of parliament and applying the rules of interpretation appropriate thereto ..... view of the same, the disciplinary action was continued under the pension rules and 50% cut in pension was issued by the order dated ..... 25 standard pay scales were revised as indicated in schedule i to the rules and the pay scale revision is on ".pay scale to pay scale ..... . british railways board, 1972 ac877lord morris said: ( ..... in 1972. .....
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..... obtained 10+ 2 schooling certificate in 8 + 1 + 2 years before obtaining graduation in commerce, is eligible for admission to three year law course under the rules of legal education, 2008 (for short the rules of legal education ) framed in exercise of powers under section 7(1)(h) and (i), 24(1)(c)(iii) and (iiia), 49(1)(af), (ag) and (d) of the advocates act, 1961 read with the eligibility criteria for admission under the information bulletin 2015-2016 (for short the eligibility criteria for ..... (supra), the supreme court has upheld the power of the bar council of india exercised under the provisions of section 49(1)(d) of the advocates act, to frame rules prescribing the standards of legal education to be observed by the universities in india. ..... (a) three year law degree course: an applicant who has graduated in any discipline of knowledge from a university established by an act of parliament or by a state legislature or an equivalent national institution recognised as a deemed to be university or foreign university recognised as equivalent to the status of an indian university by an authority competent to declare equivalence, may apply for a three years' degree program ..... distance education has been defined under the provisions of the indira gandhi national open university act, 1985, as an education taken from an outside place on the basis of education imparted through broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or .....
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..... of birth of an employee has been raised long after joining the service and the matter has engaged the attention of the authority concerned and has been determined by following the procedure prescribed under service rules or general instructions issued by the employer and it is not the case of the employee that there has been any arithmetical mistake or typographical error patent on the face of the record, the high court in ..... a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent and that too within a reasonable time as provided in the rules governing the service, the court or the tribunal should not issue a direction or make a declaration on the basis of materials which make such claim only plausible. ..... a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent and that too within a reasonable time as provided in the rules governing the service, the court or the tribunal should not issue a direction or make a declaration on the basis of materials which make such claim only plausible. ..... it was further held that in fact a horoscope to be treated as evidence in terms of section 32(5) of evidence act, 1872, it must be proved to have been made by a person having special means of knowledge as regards authenticity of the date ..... learned senior counsel appearing for the appellant submits that the writ appellant studied 6th standard in the year 1972, passed out the s.s.l.c. .....
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..... along with the connected records and observed that:- (a) you have been imposed with the penalty of removal from service by the disciplinary authority (adee/tl/mas) under rs(danda) rules, 1968, for having committed a grave misconduct inasmuch as you had secured appointment on compassionate grounds on 06.04.1994 as khalasi in railways by suppressing the fact of the earlier appointment ..... has failed to maintain absolute integrity and acted in a manner unbecoming of a railway servant and thereby, violated rule 3.1(i) and (iii) of the railway services (conduct) rules, 1966, employment secured cannot be allowed ..... sanjeevi, in railways on 16.09.1991, on the very same ground, consequent to the demise of his father, mr.p.c.gopal, ex.fitter/hs.ii/tnpm and by the abovesaid act, the petitioner has failed to maintain absolute integrity and acted in a manner unbecoming of a railway servant and thereby, violated rule 3.1(i) and (iii) of the railway services (conduct ..... 1991, who got appointment on the very same grounds, consequent to the demise of his father, mr.p.c.gopal, ex.fitter/hs.ii/tnpm and by the abovesaid act, the petitioner has failed to maintain absolute integrity and acted in a manner unbecoming of a railway servant and thereby, violated rule 3.1(i) and (iii) of the railway services (conduct ..... act, the petitioner has failed to maintain absolute integrity and acted in a manner unbecoming of a railway servant and thereby, violated rule 3.1(i) and (iii) of the railway services (conduct) rules .....
Tag this Judgment!Court : Chennai
..... aicte handbook 2016-2017 and would submit that under section 22 of the aicte act, the central government by notification in the official gazette can make rules to carry out the purposes of the act and under section 23 of the aicte act, the central government by notification in the official gazette can make regulations inconsistent with the provisions of the act and accordingly various regulations came to be framed and thereby, the all india ..... norms and regulations, cannot turn around and say that the requirement of the ownership and possession of the land admeasuring 2.27 acres is not in consonance with the transfer of property act and in the absence of challenge to the said requirement, this court may not hold that the said requirement is bad in law and prays for dismissal of this writ petition. 6. ..... (ii) insofar as the lease of 2.27 acres by sri vetrivel educational and charitable trust in favour of the petitioner institution is concerned, it is recognized under chapter v of the transfer of property act and sections 105 to 117 deal with lease of immovable property and since the lease of immovable property is not prohibited, there cannot be any impediment on the part of the respondents to accept ..... it started the institution in the year 1996 and was regularly applying for the grant of extension of approval and got it till the academic year 2015-16 in accordance with the rules and regulations framed under aicte act and therefore, it is well aware of the land requirement also. .....
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..... learned counsel for the petitioner takes a plea that the respondents should have seen that the registering authority can refuse registration, only on the grounds enumerated under sections 34 and 52 of the registration act, 1908 and rule 55 of the tamil nadu registration rules, 1949 and as such, the action on the part of the sixth respondent in refusing to register the document of the petitioner, on the grounds not envisaged there under, is vitiated by 'malice in law ..... of the registration department to other/another authorities concerned of the same department to the effect that they shall not be register the documents in question and further it was held that there is no provision under the registration act, 1908 which enables the fourth respondent/revenue divisional officer, devakkottai, karaikudi taluk, sivagangai district, to issue the impugned order, dated 25.03.2009 etc.," 7. ..... according to the petitioner, the fourth respondent should have seen that the registration act, 1908 or any other law for the time being in force does not empower him to direct the sixth respondent from registering any document in respect of the petitioner's land and as such, the impugned order .....
Tag this Judgment!Court : Chennai
..... learned counsel for the petitioner takes a plea that the respondents should have seen that the registering authority can refuse registration, only on the grounds enumerated under sections 34 and 52 of the registration act, 1908 and rule 55 of the tamil nadu registration rules, 1949 and as such, the action on the part of the sixth respondent in refusing to register the document of the petitioner, on the grounds not envisaged there under, is vitiated by 'malice in law ..... of the registration department to other/another authorities concerned of the same department to the effect that they shall not be register the documents in question and further it was held that there is no provision under the registration act, 1908 which enables the fourth respondent/revenue divisional officer, devakkottai, karaikudi taluk, sivagangai district, to issue the impugned order, dated 25.03.2009 etc.," 7. ..... according to the petitioner, the fourth respondent should have seen that the registration act, 1908 or any other law for the time being in force does not empower him to direct the sixth respondent from registering any document in respect of the petitioner's land and as such, the impugned order .....
Tag this Judgment!Court : Chennai
..... learned counsel for the petitioner takes a plea that the respondents should have seen that the registering authority can refuse registration, only on the grounds enumerated under sections 34 and 52 of the registration act, 1908 and rule 55 of the tamil nadu registration rules, 1949 and as such, the action on the part of the sixth respondent in refusing to register the document of the petitioner, on the grounds not envisaged there under, is vitiated by 'malice in law ..... of the registration department to other/another authorities concerned of the same department to the effect that they shall not be register the documents in question and further it was held that there is no provision under the registration act, 1908 which enables the fourth respondent/revenue divisional officer, devakkottai, karaikudi taluk, sivagangai district, to issue the impugned order, dated 25.03.2009 etc.," 7. ..... according to the petitioner, the fourth respondent should have seen that the registration act, 1908 or any other law for the time being in force does not empower him to direct the sixth respondent from registering any document in respect of the petitioner's land and as such, the impugned order .....
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