Court : Chennai
Decided on : Jan-05-1990
Reported in : (1990)1MLJ80
..... court had an occasion to consider the judgment of a single judge of this court. that case arose out of section 10 of the madras buildings (lease and rent control) act. justice alagiriswami, while in the concurrent judgment has dealt with the specific question, i.e., what is the meaning of the word 'is satisfied' which occurred in section 10 ..... enough for the rent controller to order eviction and that it is not disputed that the petitioner herein has filed a petition under section 14 (1) (b) of the act, and the ground therein was for demolition and re-construction. as such, the learned counsel contends that the compromise memo as well as the order passed by the rent ..... as the decree sought to be executed is a nullity. the learned counsel further argues that the said order has not been passed under any statutory provisions of the act and the one line order passed by the rent controller indicates that the court has not applied its mind and did not consider the requirements of the premises by the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-28-1990
Reported in : [1990(60)FLR608]; (1991)IILLJ154All
..... the learned judge, i am unable to subscribe to the view that the supreme court in excel wear's case declard the old section 25o(2) of the central act constitutionally invalid merely on the ground that there was no procedural safeguard and, therefore, the appropriate government could pass a cryptic, capricious, whimsical and one sided order. as ..... it to be a negation of the right, the law was further examined.'28. the learned judge examined the provisions of section 25o(2) of the madhya pradesh act and took the view that the procedural defects, as focussed upon by the supreme court, having been removed the basis of the judgment of the supreme court disappeared. he ..... and capriciously the authority can refuse permission to close down. cases may be there, and those in hand seems to be of that nature, where if the employer acts according to the direction given in the order he will have no other alternative but to face ; ruination in the matter of personal safety and on the economic front .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-30-1990
Reported in : (1990)(29)LC476Tri(Delhi)
..... reproduced below: 6. it appears that where the duty has been levied without the authority of law or without reference to any statutory authority of the specific provisions of the act and the rules framed thereunder have no application, the decision will be guided by the general law and the date of limitation would be the starting point when the mistake ..... , visakhapatnam rejecting the refund claims of the appellants for the period 1.10.1975 to 31.5.1979 as time barred under section 11-b of central excises and salt act, 1944.shri prabhakar shastri, the learned advocate pleaded that the duty was paid by the appellant by mistake of law and argued that the duty which is not due to ..... is refund claim of the appellant for the period from 1st october, 1975 to 31st may, 1979 is time barred under section 11-b of the central excise and salt act, 1944 against the following adjudication orders: (iv) c. no. v/i-d/18/97/198i -t.i. adj. order no 5/82 dt 30.1.1982 passed by the assistant .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-05-1990
Reported in : 1991(0)MPLJ386
..... of executive/administrative directions, it is his prayer for quashing of such administrative directions and administrative directions cannot be allowed to violate fundamental rights. if an authority acts in an arbitrary manner, its action would be bad in law and liable to be quashed.40. for the foregoing reasons, this petition deserves to be allowed ..... i. v. fluids simply because it could manage to hire such machines on loan licence basis from another tenderer, judged by minimal standards of fairness, does this act of the respondents, though farthest exterior line of fairness, let alone stand its test?13. i. v. fluids for transfusion are generally used in emergencies. they ..... with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm .....
Tag this Judgment!Court : Chennai
Decided on : Apr-17-1990
Reported in : (1990)2MLJ124
..... should not be visited with an order of dismissal. for this, reliance was placed on standing order 20(c). standing order 19(xxii) reads as follows:19. acts and omissions constituting misconduct....(xxii) act/acts resulting in conviction in any court of law for any criminal offence involving moral turpitude.standing order 20(c) reads as follows:20. punishment for misconduct....(c) if .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-1990
Reported in : AIR1990AP331
..... krishak nagar. in any event, having made a promise as far back as 1982 to the petitioner-society it is inequitable on the part of the government not to act upon that promise. the extent of the land promised to the petitioner is only ac.89-31 guntas out of the ac.645-16 guntas covered by s.no. ..... would have explored alternative arrangements to provide housing accommodation to their employees. because of the promise made by the state government, the management, thinking that the promise would be acted upon, did not explore other possibililies. it is the promise of the government that had altered the position of the petitioner-society. the doctrine of promissory estoppel also applies ..... . in the present case, the file containing allotment of the land in favour of karshaka parishad has not been placed before me. the constitutional validity of the act by which the karshaka parishad was brought into being was questioned and a division bench of this court on 1-9-1988 had struck down part of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-09-1990
Reported in : II(1993)DMC605
..... of the process of court.4. the observations of this court in dhan devi v. deepak, 1989 (1) recent c.r. 278 as well as of another single bench in bal kishan and ors. v. poonam verma, 1987 (1) recent c r. 657 can be referred in this regard.5. in those cases proceedings under sections 405, 406 and 498a were .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-22-1990
Reported in : (1990)(49)ELT464TriDel
..... the rank specified in corresponding entry in column (3) of the said table, such powers being the powers of a central excise officer conferred under the said act.si. officers of the directorate of anti-evasion (central ex- rank of theofficers no.cise) of central excise2. deputy director deputy collector3. assistant director assistant ..... rank specified in the corresponding entry in column (3) of the said table, such powers being the power of a central excise officer conferred under the said act.sl. officers of the directorate of anti-evasion (central ex- rank of the officersno. cise) of centralexcise2. deputy director deputy collector3. assistant director asstt. ..... specified in the corresponding entry in column (3) of the said table, such powers being the powers of a central excise officer conferred under the said act.s.no. officers of the directorate of revenue intelligence rank of the officers1. 2. 3.3. deputy director deputy collector4. assistant director assistant collector5. chief .....
Tag this Judgment!Court : Allahabad
Decided on : May-26-1990
Reported in : [1991(62)FLR24]; (1995)IIILLJ723All; (1991)1UPLBEC163
..... 5. that the opposite party nos. 2 and 3 have committed offence under section 138 of the banking public financial institutions and negotiable instrument laws (amendment) act, 1981, act no. 66 of 1988 as the cheques issued by them were not encashed substantiates the contentions of the petitioners that section 6-n of the u.p. ..... any retrenchment, unless there is discharge of surplus labour or staff in a continuing or running industry.'14. after the above decision, the legislature amended the act by act no. xviii of 1957 by substituting section 25-ff and 25f for the previous section 25f but the definition of 'retrenchment' was untouched.15. in anakappala ..... for the petitioner that 'termination' of services of the employees in the instant case would amount to 'retrenchment' within the meaning of the u.p. industrial disputes act is concerned, we may immediately observe that there can be no dispute that the termination, in the instant case, would amount to 'retrenchment' which word incidentally has .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-04-1990
Reported in : (1990)34ITD241(Delhi)
..... the business interests of the assessee company and its share holders would have been adversely affected. therefore, if by the arrangement in question, which has been actually acted upon, the assessee has taken over expenditure which it could incur in its own rights as well and thereby reducing the losses of the sister concerns and the ..... was contended by shri rajendra, the learned counsel for the revenue that this resolution was not registered with the registrar of companies under section 192 of the companies act. such a contention has never been raised by the authorities below and was raised for the first time during the course of arguments in the present appeal.whether ..... material when such evidence has been produced at this belated stage. it was also contended that the bottlers were independent companies and separate legal entities and the act of taking over their expenditure by the assessee so as to reduce their losses and to reduce the income of the assessee is a clear device to transfer .....
Tag this Judgment!