Court : Supreme Court of India
Reported in : 2008AIRSCW7153; (2008)219CTR(SC)90; 2008(230)ELT385(SC); JT2008(10)SC306; 2008(12)SCALE582; (2009)11VatReporter19
..... to exercise the powers and discharge the functions conferred on such tribunal under the act. it also provides for qualification of members. it enacts that the central government shall ordinarily appoint a judicial member of the tribunal to be the president thereof. section 253 enables an assessee aggrieved by any of the orders mentioned in ..... expression `error apparent on the face of the record' came up for consideration before courts while exercising certiorari jurisdiction under articles 32 and 226 of the constitution. in t.s. balaram v. volkart brothers, bombay : [1971]82itr50(sc) , this court held that 'any mistake apparent from the record' is undoubtedly not more than that ..... 45. rectification of an order stems from the fundamental principle that justice is above all. it is exercised to remove the error and to disturb the finality.46. in s. nagaraj and ors. v. state of karnataka : (1994)illj851sc , sahai, j. stated;justice is a virtue which transcends all barriers. neither the rules of .....
Tag this Judgment!Court : Kerala
Reported in : (2008)2LLJ789Ker
..... the cognizance taken by the court below upon annexure a complaints are illegal and arbitrary as the complaints were filed beyond the time stipulated in the act. therefore, the magistrate's power to take cognizance was barred by limitation in the facts and circumstances involved in the case.11. resisting the above contention, the director general of ..... nedumangad filed annexure a complaint against the above directors dated march 14, 2003 under section 39 of the plantation labour-act, 1951 (central act 69 of 1951)(hereinafter' referred to as 'the act'), and rules, 1959 upon which s.t. no. 901/2003 is instituted alleging that the petitioners/accused who are the employers, failed to rectify the defects ..... by the complainant and thereby committed the' offence punishable under section 36 of the above act. crl. m.c. no. 5255/2003 is also filed by the same persons with a prayer to quash annexure a complaint dated march 14,2003 in s.t. no. 900/2003 on the file of the judicial magistrate of the first .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR537
..... has been allotted to be used for commercial purposes as was the case in (bangalore medical trust v. b.s. muddappa and ors.) : [1991]3scr102 . in that case, this court, while construing the town planning act, opined that reservation of open spaces for parks and playgrounds is universally recognized as a legitimate exercise of statutory power ..... original entity. once one reaches a stage of wholesale rejection and replacement, the process must cease to be one of modification. 239. yet again in (puran lal v. president of india) : [1962]1scr688 , it was stated: 'the word modification means the action of making changes in an object without altering its essential nature or character.240 ..... delegation but implicit in the discharge of executive functions and all these acts shall be deemed to have been done by the planning authority. 66. the counsel for the petitioner heavily placed reliance upon the division bench judgment of this court given by the bench presided over by one of us (r.m. lodha, j.) in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD162
..... or any right or power to realize the property of a dissolved firm; or(b) the powers of an official assignee, receiver or court under presidency-towns insolvency act, 1903 (3 of 1909), or the provincial insolvency act, 1920 (5 of 1920), to realize the property of an insolvent partner.(4) this section shall not apply--(a) to firms or to partners ..... commencing from paras 11 to 28 and ultimately dismissed the appeal with costs.5. the parties hereinafter would be referred to as plaintiff and defendant as shown in o.s. no. 354/86 on the file of district munsif, gudur for the purpose of convenience.6. the plaintiff averred in the plaint as hereunder:the plaint schedule property originally ..... ex.a.1 to ex.a.7 and also exs.b.1 to ex.b.4 and ultimately decreed the suit. aggrieved by the same, the defendant preferred appeal a.s. no. 6/93 on the file of subordinate judge, gudur, and the appellate court at para 10 framed the points for consideration and discussed the oral and documentary evidence .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... chemical and chemical product industry is substituted as chemicals specified in item no. 19 of first schedule of the industries (development & regulation) act, 1951. thus, two notifications have been issued and at s. no. 24 in place of chemicals and chemical products the word 'chemicals' as specified in item no. 19 of the first schedule ..... it was held that company manufacturing of synthetics or man made fabrics is not specified industry.6. in the case of jamul cement works, jamul v. president, state industrial court, m.p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification ..... schedule. the notification to first schedule includes the notification under section 1 (3) which provides for the chemicals mentioned at item no. 19 of the first schedule of the regulation act. at item no. 19; chemicals (other than fertilisers) have been mentioned, they are as under :--'19. chemicals (other than fertilisers): (1) inorganic heavy chemicals. ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP89; (1969)IILLJ285MP
..... furnished through the state family planning officer in due course, by ex. r-3 the grant on the terms incorporated in ex. r-5 the sanction of the president to the continued employment of the respondent as honorary family planning education leader for district mandla from 1st april, 1966 to 31st march 1967 and to the payment ..... in the petition that the declaration of the said ordinance amounted to corrupt practice of undue influence within the meaning of section 123 of the representation of the people act, 1951, and rendered the election of the respondent void.(after stating the defence of the respondent and the issues and finding that the petitioner was a temporary government ..... date of election of the returned candidate as required by section 81(1) of the representation of the people act, 1951. the petition is therefore within time.20. in the result, the petition fails and is dismissed with costs. counsel's fee rs. 600.21. after the order was placed on thetable for perusal of the counsel, i .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ852
..... to temples in bengal. in mundan cheri v. achutan nair, (1934) 61 la. 405, the judicial committee of the privy council had held that in the presidency of madras, the presumption is that temples and their endowments form public religious trust. however, this presumption is not applied to malabar or bengal where private temples are ..... of hindu culture. temples and mutts are two principal religious institutions of hindus and are most important forms of religious and charitable endowments. every temple has a presiding deity which is established by following an elaborate ritual. the idol is established either for a particular object, which, the founder may have in view or ..... income for his personal use. the fact that the amount has been spent on account of the temple itself, would further indicate that the respondent's father bulakilal pujari only acted as a trustee. under the circumstances, the fact that shri bulakilal pujari obtained the offerings which he kept in a separate account of the temple .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364
..... "the appointment of the manufacturer shall be for the whole union territory. the director of transport, daman & diu invites bids on behalf of the president of india for selection of an eligible manufacturer having type approval and requisite manufacturing capacity to produce the high security registration plates in conformity with the specifications ..... chapter xiv dealing with the contracts of public authorities on page 427, the author has said that there would certainly be no impropriety in a local authority acting on a policy, in awarding contracts, of favouring local firms - just as it may, in exercising development control functions. there are requirements of european economic ..... supplying the registration plates for all the motor vehicles and two-wheelers in the whole state. 8. shri s. ganesh, learned senior counsel for the petitioners has submitted that under section 41 of the act the registering authority, on the application moved by the owner of the vehicle, has to assign a .....
Tag this Judgment!Court : Chennai
Reported in : IV(2006)BC111; (2006)4MLJ385
..... to.9. in the decision rendered by a division bench of this court reported in (formation of indian network marketing association, represented by its president, mr. f.j. karthikeyan, chennai v. m/s. apple f.m.c.g. marketing private limited, represented by its chief executive officer, mr. r. erie, chennai and ors.) it was ..... for other companies in general carrying on other business activities may be manufacturing other industries or any business such checks are provided under the provisions of the companies act, as indicated earlier. there also, the main consideration is that the company itself may not sink because of its own mismanagement or the interest of the ..... of the second respondent/bank are again planning to alienate 95418 shares, which represents 33% of the total shares to various persons and benamies, if such an act is allowed, it will cause irreparable loss and hardship to the appellant and the interest, of the depositors, clients and employees of the second respondent/bank will .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant90; ILR1988KAR2236
..... procedure to be followed while carrying into effect the order of attachment or sale. those sub-secs, thus cannot be understood as converting an order u/s. 31 (1) of the act, into a decree as defined .in the code. the aforesaid enunciation was made by their lordships after following the decision of the supreme court in ..... of the matter becomes evident from the categorical statement made in everest industrial corporation v. gujarat state financial corporation : [1987]3scr607 that the application under s. 31(1) of the act, being in the nature of a petition seeking attachment of immovable property in execution of a decree at a stage before passing of the decree is not ..... other powers incidental thereto.'from a reading of these provisions, it becomes clear, power is vested in the court to which an application is made under s. 31 of the act, for realisation of monies owed to a financial corporation to ensure such realisation of money in accordance with the procedure laid down under the code of civil .....
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