Judgment Search Results Home > Cases Phrase: pondicherry university act 1985 section 9 visitor Court: mumbai Page 87 of about 1,611 results (0.138 seconds)

Abdul Razzaq Sunesra Vs. Municipal Corporation of Greater Mumbai and O ...

Court : Mumbai

..... orders and a wealth of other factors." 14. in a subsequent judgment in m/s.babubhai and co. and others vs. state of gujarat and others, (1985)2-scc-732)the same principle was elucidated in the following observations : 6. it cannot be disputed that the absence of a provision for a corrective machinery ..... well settled principles, it is not possible to accede to the submission that the bar of jurisdiction which has been enacted by section 515a of mumbai municipal corporation act, 1888, as amended, is arbitrary or unconstitutional. the provisions of sections 351 and 354a contain adequate safeguards, both procedural and substantive, to ensure due notice, ..... as being arbitrary. 18. in organochemical industries(supra), the supreme court dealt with the provisions of section 14b of the employees' provident funds and miscellaneous provisions act, 1952, which empowered the provident fund commissioner to impose damages. the supreme court noted that in that case a hearing was given to the affected party; .....

Sanjeet Shukla and Others Vs. State of Maharashtra and Others

Court : Mumbai

..... public service, is about 15% and therefore, there is a shortfall of about 17% , in comparison to their population. (c) in so far as universities, colleges and educational institutions are concerned, about 12% of students belonging to the maratha community are availing higher technical education. the data/figures concerning medical education, ..... down by the supreme court in the cases of m/s. s. k. g. sugar ltd.(1974) 4 scc 827) and t. venkata reddy (1985) 3 scc 198), we hold that motives for promulgation of ordinances or the existence of circumstances necessitating the promulgation of ordinances are not justiciable issues. therefore, the ..... prestigious community; (c) the maharashtra state backward class commission (msbcc), which is a statutory commission constituted under the maharashtra state commission for backward classes act, 2005 ( 2005 act ), by its 22nd report dated 25 july 2008 has categorically rejected the demand for inclusion of 'marathas' as 'other backward class' for the benefits .....

Sterlite Inds (i) Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(189)ELT329Tri(Mum.)bai

..... disposal of this appeal are as follows :- 1.1 appellant manufactures copper cathodes, copper rods and coils falling under chapter 74 of the central excise tariff act, 1985. the price of copper cathodes / rods that the appellant sells locally depends upon the international prices of copper, which are published in bulletins of the london ..... actual price charged by the appellant in terms of the said contract." (emphasis supplied) similar view have been expressed by the hon'ble tribunal in the following decisions:universal wires & industries v. collector of central excise, patna,brindavan beverages ltd. v. commissioner of c.ex., bangalore, 2001 (135) elt 766 (t)tata refractoriness ..... the sale of goods flowing from such buyer. the case, before us is similar to the case of ifgl refractories ltd., brindavan beverages ltd. and universal wires & industries, where benefits were flowing to the appellant from the statutory authorities. the consistent view which has been taken by the tribunal in cases .....

B.K. Katkar Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Mumbai

Reported in : (2003)(1)SLJ345CAT

..... applicants. the ground for challenging the jurisdiction is that bsnl is a government company which has not been notified under section 14(2) of the administrative tribunal act, 1985 (in short act) and, therefore, this tribunal lacks inherent jurisdiction to entertain these cases which are against bsnl.the respondents have also disputed the claim of applicants on merits.their ..... the delhi high court has held that the central administrative tribunal has no jurisdiction to entertain petition in absence of notification under section 14(2) of the administrative tribunals act. except placing the cases of prabir kanti choudhury (supra) which proceeded on the assumption that "since the department of telecommunication has become bsnl w.e.f. 1 ..... 1. these eleven original applications moved under section 19 of administrative tribunals act, 1985 have been filed by junior telecom officers posted at different divisions of maharashtra circle of bharat sanchar nigam limited (in short, bsnl) who have been .....

Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)18ITD226(Mum.)

..... hands of employee under section 17 in view of the cbdt circulars. circular no. 336 dated 16-4-1982 [see taxmann's direct taxes circulars, vol. 1, 1985 edn., p.163] directed that only medical reimbursement in excess of one month's salary is to be included in hands of employee. circular no. 376 dated 6- ..... 's intention to apply the said section with effect from the assessment year-1976-77. we may observe that arguments advanced regarding interpretation of section 64 of the act, similar to those urged before us by the assessee-company, that the taxing provisions would apply only prospectively and would not affect transactions already completed, were rejected ..... their decisions in isthmian steamship lines' case (supra) and union of india v. madan gopal kabra [1954] 25 itr 58 was considering the applicability of the finance act, 1950 to 'united states of rajasthan' for the assessment year 1950-51 and they observed that the income for the assessment year 1950-51 became assessable to indian income .....

Paras Chand Dhadha and ors. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1988)(15)LC97Tri(Mum.)bai

..... seized diamonds opined "i have examined the lot nos. 1 and 2 of the above mentioned cut and polished diamonds. the mode of diamond cutting in brilliant fashion is universal. hence it is not possible to state the origin of the goods".if that be so, the assistant collector who does not claim expertise, cannot in the absence of ..... appraiser as follows: "i have examined the lot nos. 1 and 2 of the above mentioned cut and polished diamonds. the mode of diamond cutting in brilliant fashion is universal. hence it is not possible to state the origin of the goods." shri parikh drew our attention to this extract. he contended that the jewellery appraiser was not sure ..... there was no seizure of diamonds by the customs officer under section 110 of the customs act. therefore, it cannot be said that there was seizure of the diamonds under the customs act. on behalf of the appellants in appeal nos. 35 and 36 of 1985, their learned advocate shri m.g. karmali had contended that firstly, there was no seizure .....

Asian Paints (India) Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1988)(15)ECC189

..... before a statutorily constituted authority including those initiated by issue of show cause notice. there is, however, a contrary judgment of madhya pradesh high court in the case of universal cables ltd. v. government of india, reported in (1977) elt-j 92. in paragraph 29 of the judgment the hon'ble high court observed as follows: moreover ..... was raised before the assistant collector, but he has not dealt with this. according to paragraph 27 at page 741 of the supreme court judgment reported in air 1985 sc 736, the assistant collector was required to examine all the points raised before him and give findings. (iv) rule 10 of the central excise rules as ..... decision of the madhya pradesh high court i hold the view that the expression "legal proceedings" appearing in section 40(2) of the central excises & salt act does not include adjudication proceedings under the central excise laws.13. in the cross-objection the collector has stated that the appellants did not obtain the permission of the .....

Century Enka Ltd. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1994)(69)ELT44Tri(Mum.)bai

..... authorities below that gazetting of notification 304/85 has been publicised in any other manner and made known to the public on any date prior to 2-11-1985. no contentions are taken that the said notifications were made public by simultaneous issue of press release or audio-visual publicity or in any other manner. though the ..... raised for determination here, however, is when does a notification issued pursuant to the provisions of section 25 of the customs act, becomes effective, and precisely whether the notification no. 304/85-cus-toms, dated 30-9-1985 has become effective from that very date, on which it is reported to have been printed in the gazette of india ..... the notification no. 304/85 was dated 30-9-1985. the ld. advocate has then pleaded that grant of any exemption (or withdrawal thereof) has to be done pursuant to the powers invested in the government under section 25 of the customs act, by issuance of notification in the official gazette, and has submitted that the notification .....

Surendra M. Khandhar Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... it is claimed that the said statement was given in ignorance of his legal rights and so cannot be acted upon. in this context, reliance is placed upon the apex court decision in the case of shri krishan v. kurukshetra university 1976 air sc 376. it is also claimed that the said decision of the apex court has been followed ..... statement in the assessment of the assessee cannot be faulted in view of the following decisions :-pooran mal v. director of inspection (2) dr. partap singh v. director of enforcement [1985] 155 itr 166/22 taxman 30 (sc) (3) lan eseda steels ltd. v. asstt. cit [1994] 209 itr 901/[1993] 70 taxman 46 (ap) 46. in other ..... only in response to the particulars of the concerns furnished by the assessee only during the hearing before the tribunal. without such particulars, the assessing officer was entitled to act on the admission contained in the statement dated 20-12-1991, but in view of these particulars and the contentions raised before the tribunal, it has become necessary .....

K.S. Jhunjhunwala and Another Vs. Tayebhai Mohammedbhai Bagasapwalla a ...

Court : Mumbai

Reported in : 1997(2)BomCR584; 1997CriLJ1953; 1997(1)MhLj37

..... it clearly means that there is no jurisdiction since the beginning. i find no reason whatsoever why the ratio of the division bench reported in 1984 mh lj 520 : 1985 cri lj 359 (cited supra) dealing with the case of violation of interim injunction or of the judgment reported in : [1993]2scr454 , chiranjilal shrilal goenka v. jasjit ..... it is held to be binding on the other party, though without jurisdiction, then other party would be required to face serious consequences. 27. by amendment maharashtra act 65 of 1977, section 9-a was introduced to section that legitimate claim of a party to get interim order should not be affected merely because some frivolous ..... inito, it is not binding on the parties and for committing breach thereof, there can be no punishment for contempt. section 2(b) of the contempt of courts act, 1971 contemplates 'wilful disobedience' of any order which is passed with jurisdiction. if the order is without jurisdiction, whether ad interim, interim or final, a person cannot .....