Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Page 97 of about 162,740 results (0.168 seconds)

Naffar Chandra Jute Mills Ltd. and ors. Vs. the Assistant Collector of ...

Court : Kolkata

Reported in : (1993)2CALLT79(HC),1993(66)ELT574(Cal)

..... held that the power of review must be conferred expressly or by necessary implication by the provisions of a statute and that the central excises and salt act and the rules made there under do not confer upon the authorities any power of review of their own order. ..... has full application to the facts of the present case.we, accordingly, hold that the board of revenue acted arbitrarily and in violation of natural justice by not adhering to their own precedents in administering this taxing statute when there was no reason or circumstance ..... the table to the notification to contend that where a specific benefit was sought to be conferred it was mentioned as such.as far as the interpretation rules were concerned it is submitted that the rules were limited to the interpretation of the schedule to the central excise tariff act, 1985 and not to notifications where only general rules of interpretation would apply. ..... rules for interpretation had been provided under section 2 of the central excise-tariff act, 1944 read with rules 2(b) and 3(b) of the rules for the interpretation of the schedule to the act ..... rules in question are rules 2(b) and 3(b) of the rules for the interpretation of the schedule to the central excise tariff act ..... materials, would depend on the predominancy of weight and value of the component materials which have gone into the manufacture of such composite articles of plastics keeping in view the rules of interpretations to the schedule to the central excise tariff act, 1985. .....

Kesoram Industries Limited Vs. Employees State Insurance

Court : Kolkata

..... or lay-off and other additional remuneration, if any, paid at intervals not exceeding two months, but does not include - (a) any contribution paid by the employer to any pension fund or provident fund, or under this act; (b) any travelling allowance or the value of any travelling concession; 7 (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on discharge ..... the supreme court of india held that the subsistence allowance formed part of wages as per sub-section (22) of section 2 of the said act and, consequently, on the said amount, the employee would 6 be liable to contribute under section 39 of the said act of 1948 by way of employees' contribution and equally the employer would be liable to contribute his share by way of employer's contribution on the amount of subsistence allowance paid to the ..... automobiles (supra), the question was whether a suspended employee and his employer were liable to pay the requisite contributions under the said act of 1948 on the subsistence allowance received by such employee during the period of his suspension pending domestic enquiry. ..... is pertinent to note here that at the relevant point of time under the employees' state insurance (central) rules, 1950, the wage limit for coverage of an employee was rs. ..... hard and fast rule can be laid down ..... the rule of exclusion of writ jurisdiction on availability of alternative remedy is of discretion and not one of .....

Sri K.Rama Krishna Raju Vs. Govt. of A.P. Rep. by Its Pro. Secretary

Court : Andhra Pradesh

..... declare the action of the 1st respondent, in issuing g.o.ms.no.654, revenue (vig.iv(2)) department dated 4.7.2009 according sanction for prosecution of the petitioner for offences punishable under section 7 and 13(2) of the prevention of corruption act, 1988, as without jurisdiction on the ground that it amounts to reviewing the earlier order in memo no.50991/vig.iv(2)/2008-2 dated 5.2.2009 wherein the case of the petitioner was considered, and the matter was entrusted ..... leveled against him; the petitioner should be placed on his defence before the tribunal for disciplinary proceedings under rule 3 of the apcs (dpt) rules, 1989 to enquire into the allegations which are held substantiated against him; the tribunal should conduct a detailed enquiry as per rules into the matter, and submit its report to the government within the stipulated time; and the director general ..... where a public servant, who was allegedly caught taking a bribe, seeks to avoid prosecution under the prevention of corruption act, 1988 invoking the jurisdiction of this court under article 226 of the constitution of india. ..... rules are silent on any particular point, the government can fill up gaps and supplement the rules and issue instructions not inconsistent with the rules ..... supersede statutory rules by administrative ..... , it must be promptly investigated and the offender against whom a prima facie case is made out, should be prosecuted expeditiously so that the majesty of law is upheld and the rule of law vindicated. .....

A. Mohan Rao Vs. the Sub Registrar and Others

Court : Andhra Pradesh

Reported in : 2012(5)ALD289

..... for instance, section 22-a of the registration act, as amended through act 19 of 2007, prohibits registration of documents pertaining to the properties owned by the government, assigned lands or the properties owned by the religious institutions. ..... for instance, under the revenue recovery act, attachment can be affected by the recovery officer before the property is brought to sale. ..... the authorities of the commercial tax department are also conferred with the power to affect attachment of properties, under the revenue recovery act to recover arrears of tax. ..... howsoever laudable the object of the 3rd respondent may be to protect the interests of the state, he cannot prevent transfer of the property except by issuing an order of attachment in exercise of the power under the revenue recovery act. .....

Life Convict Bengal @ Khoka @ Prasanta Sen Vs. B.K. Srivastava and Oth ...

Court : Supreme Court of India

..... question of remission of the entire sentence or a part of it lies within the exclusive domain of the appropriate government under section 401 of the code of criminal procedure and neither section 57 of the indian penal code nor any rules or local acts can stultify the effect of the sentence of life imprisonment given by the court under the indian penal code. ..... as regards the first point, namely, that the prisoner could be released automatically on the expiry of 20 years under the punjab jail manual or the rules framed under the prisons act, the matter is no longer res integra and stands concluded by a decision of this court in gopal vinayak godse v. ..... and the statutory provisions of the code of criminal procedure the following propositions emerge:(1) that a sentence of imprisonment for life does not automatically expire at the end of 20 years including the remissions, because the administrative rules framed under the various jail manuals or under the prisons act cannot supersede the statutory provisions of the indian penal code. ..... the court further observed thus:but the prisons act does not confer on any authority a power to commute or remit sentences; it provides only for the regulation of prisons and for the treatment of prisoners confined therein.section 59 of the prisons act confers a power on the state government to make rules, inter alia, for rewards for good conduct. ..... it is common case that the said rules were made under the prisons act, 1894 and that they have statutory force .....

Life Convict Bengal@khoka@ Prasanta Sen Vs. B.K. Srivastava and ors.

Court : Supreme Court of India

..... remission of the entire sentence or a part of it lies within the exclusive domain of the appropriate government under section 401 of the code of criminal procedure and neither section 57 of the indian penal code not any rules or local acts can stultify the effect of the sentence of life imprisonment given by the court under the indian penal code. ..... the first point, namely, that the prisoner could be released automatically on the expiry of 20 years under the punjab jail manual or the rules framed under the prisons act, the matter is no longer res integra and stands concluded by a decision of this court in gopal vinayak godse v. ..... statutory provisions of the code of criminal procedure the following propositions emerge: (1) that a sentence of imprisonment for life does not automatically expire at the end of 20 years including the remissions, because the administrative rules framed under the various jail manuals or under the prisons act cannot supersede the statutory provisions of the indian penal code. ..... is common case that the said rules were made under the prisons act, 1894 and that they have statutory ..... the prisons rules are made under the prisons act and the prisons act by itself does not confer any authority or power to commute or ..... remission of the entire sentence or a part of it lies within the exclusive domain of the appropriate government under section 401 of the code of criminal procedure, 1973 and neither section 57 of the ipc not any rules or local acts (in the case on hand w.b. .....

Shalini Sumant Raut and Others Vs. Milind Sumant Raut and Others

Court : Mumbai

..... under the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation ..... act, - (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act, shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act shall cease to apply to hindus in so far as it is inconsistent with any of the provisions contained in this act ..... made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted. 54. ..... (f) the act also deals with the property of a female hindu which would be her absolute property under section 14 and the rules of succession of female hindus under sections 15 and 16 but with which the dispute ..... rule or interpretation of hindu law or any custom or usage and any other law in force prior to the commencement of the act .....

Anandsagar Bahuddeshiya Social Krida Mandal (Sanstha) Vs. the State of ...

Court : Mumbai Aurangabad

..... according to the petitioner, the reasons given in the order dated 29-02-2012 and 03/06-09-2012 does not find place in the act and rules, and therefore, same reasons are illegal, arbitrary and against the provisions of law and contrary to the judgment and order dated 04-08-2011 passed by the high ..... therefore, when the state, its delegated authority or an instrumentality of the state or any person who acts under a statutory rule or by administrative discretion, when its actions or orders visit the citizen with civil consequences, fairness and justness require that in an appropriate case, the affected citizens must have an opportunity ..... i say and submit that, there is no statutory provision either in bombay police act or under rules for licensing and controlling places of public amusements (other than cinemas) and performances for public amusement, including melas and tamasha's 1960, wherein the authority would compel to the ..... it is further submitted that, there is no statutory provision either in the bombay police act or under the rules for licensing and controlling places of public amusements (other than cinemas) and performances for public amusement, including melas and tamashas 1960 wherein the authority would compel to the applicant ..... i have also perused the relevant provisions of the bombay police act, relevant rules which are applicable in the facts of the present case and also other material placed on record and the judgments of the hon'ble supreme court and this court cited .....

Cox Vs. Ergo Versicherung Ag (Formerly Known as Victoria)

Court : UK Supreme Court

..... follows that even if one assumes, for the sake of argument, that the court of appeal were right to regard the damages rules of the act as procedural, in principle credit must be given for maintenance from her subsequent partner during the period since the birth of their child ..... having arrived at this conclusion, they were much exercised by the difficulty of applying the damages rules of the fatal accidents act to a cause of action under section 844 of the bgb, given the considerable differences between them; and the absence of any alternative basis for assessing damages for wrongfully causing death under english ..... i agree with the majority of the court of appeal that the damages rules of the fatal accidents act cannot be applied to a cause of action under section 844 of the bgb, but for an altogether simpler reason than the conceptual differences between the ..... this issue depends on whether the damages rules in sections 1a and 3 of the fatal accidents act fall to be applied (i) on ordinary principles of private international law as procedural rules of the forum, or (ii) as rules applicable irrespective of the ordinary principles of private ..... the private international law (miscellaneous provisions) act of 1995 abolished the double-actionability rule and introduced rules requiring english courts to apply to claims in tort the law which had the most significant connection with the wrong, subject to an altogether more limited saving for the public policy of the forum applicable .....

Commissioner of Central Excise Vs. Supreme Industries Limited

Court : Chennai

..... excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reasons of fraud, collusion or any willful misstatement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) of section 11-a, shall also be liable to pay a penalty equal to the duty so determined; ..... pointed out that payment made whether before or after show cause notice, does not alter liability for penalty and the finding of the tribunal holding that no penalty under section 11ac of the act could be imposed, if assessee had deposited short paid amount of excise duty before issuance of show cause notice was held to be a misconceived interpretation by the tribunal, whereby the tribunal overlooked ..... cause notice dated 10.10.2001, demanding modvat credit of rs.5,52,045/- under rule 57i of the central excise rules, 1944, (rules) and a proposal to confirm and adjust the amount paid already and to charge interest under section 11ab of the central excise act, 1944 (act) and impose penalty under rule 173q of the rules and penalty under section 11ac of the act. ..... has not been levied or paid or has been short-levied or short-paid by reason of fraud, collusion or any willful mis-statement or suppression of facts or contravention of any of the provisions of the act or the rules made thereunder with intent to evade payment of duty. .....