Court : Jammu and Kashmir
Reported in : 2005(1)JKJ80
..... but this evidence can not in any manner relied upon and believed in view of the contradictory, conflicting and discrepant evidence provided by pws goverdhan singh and sat pal who in fact are stated to have carried the articles from police station arnia to be deposited in the malkhana at the time of presentation of the challan, in respect of the handing over of the alleged embezzled amount alongwith other articles to the accused and secured his signatures on rahdhari register at three places.17. ..... 60/1989 for the release of the articles, on which the court had passed the release order and that application alongwith court order was attached with the malkhana register against an entry of the said articles but the same was detached and taken by the chief prosecuting officer after encircling the entry in the register with red ink. ..... additional advocate general appearing for the state, vehemently urged that the prosecution has proved its case against the accused under section 5(1)(c) of the j&k; prevention of corruption act by a convincing, reliable and positive evidence beyond any pale of doubt. ..... of police, vigilance organisation, jammu authorize shri bundial singh, inspector, of this organization to investigate the above case. .....
Tag this Judgment!Court : Company Law Board CLB
Reported in : (2006)129CompCas373
..... facts and circumstances including the aforementioned two articles under which the board of directors can resister and increase members whenever the company or the board of directors require it and the assertion that the board of directors of the company had increased the members, we, in view of the fact that the clock has struck 12 noon and thereby presuming that the election process must have commenced, in the larger interest of justice, permit casting of votes in terms suggested by the civil court, but the result of the voting shall ..... . after the order was passed by the civil court, the petition under sections 397 and 398 of the act came up for hearing before the company law board, which vide its order dated 2.4.2004, admitted the petition and directed that the members inducted beyond 5000 will not be allowed to vote ..... . at the same time, club being a social organization, a prima facie case had been established that the executive committee had enrolled more than 5000 members without proper authority ..... . the learned counsel for respondent submitted that this being a social organization and the irregularities pointed out n the report is only in relation to 5000 members which has been transferred from time to time since 1988-91 etc .....
Tag this Judgment!Court : Gujarat
Reported in : [2004(102)FLR461]; (2005)3GLR1941
..... the members of the gram dal who have been appointed as such by the district superintendent of police in accordance with section 63b of the act of 1951 and the terms and conditions determined by the state government cannot be said to be the contingent employees of the corporation entitled to the benefit of the aforesaid standing order.22. ..... it is further submitted that the appointment of the members of the gram dal is made by the district superintendent of police under the powers conferred upon him by section 63b of the act of 1951 in accordance with the terms and conditions determined by the state government. ..... nor can they be conferred the status of the employees of the corporation without infringing the principle of equality guaranteed under articles 14 and 16 of the constitution of india; the relevant service regulations of the corporation and section 63b of the bombay police act, 1951.24. ..... mr.sahani has submitted that the corporation is, under the provisions of the act of 1952, obliged to deduct the amount of provident fund from the wages of these security guards and to deposit the same with the provident fund authorities. ..... in the alternative the union has prayed for a direction to the union of india to make a reference under section 10(1) of the industrial disputes act, 1947 (hereinafter referred to as 'the act of 1947') with respect to the aforesaid demands raised by the union.4. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD239; 2005(1)ALT342
..... in the light of the foregoing discussion, the order of the first respondent dated 4-10-2004 not approving the proposal without assigning any reasons and directing the institute to restart the selection process for the post of vice- chancellor is liable to be set aside for the following reasons:(1) there is no violation of rule 23 of the memorandum of association and rules of the institute in the process of selection till the decision of the board is communicated to the first respondent. ..... while rejecting the theory of absolute discretion, lord reid observed:parliament must have conferred the discretion with the intention that it should be used to promote the policy and objects of the act; the policy and objects of the act must be determined by construing the act as a whole and construction is always a matter of law for the court. ..... it is not a political organization or an organization functioning to meet the political ends the post of the vice-chancellor is a respectable and responsible post of such institution. ..... it is clear from the note on p.67-68/n that the procedure followed in farming the selection committee for the appointment of vice-chancellor, ciefl has been done strictly as per rule 23 of moa of ciefl. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC396; 2005(1)ALD(Cri)417; (2005)107BOMLR830; 2005CriLJ659; (2005)3GLR2447; JT2004(10)SC244; 2005(1)KLT67(SC); 2005(1)MhLj322; 2004(10)SCALE37; (2005)1SCC254; (2005)
..... though the contempt jurisdiction of the supreme court and the high court can be regulated by legislation by appropriate legislature under entry 77 of list i and entry 14 of list iii in exercise of which the parliament has enacted the act of 1971, the contempt jurisdiction of the supreme court and the high court is given a constitutional foundation by declaring to be 'courts of record' under articles 129 and 215 of the constitution and, therefore, the inherent power of the supreme court and the high court cannot be taken away by any legislation short of constitutional ..... ilr (1974) 1 del.1 issued following directions :'the office is to take note that in future if any information is lodged even in the form of a petition inviting this court to take action under the contempt of courts act or article 215 of the constitution, where the informant is not one of the persons named in section 15 of the said act, it should not be styled as a petition and should not be placed for admission on the judicial side. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(3)ALD185
..... (3) upon such transfer and subject to the provisions of the act and other provisions in the second transfer scheme, the apdistco workmen shall form part of the services of the concerned the apdistco, with the status and in the post, scale of pay and seniority being maintained in the same manner as in the aptransco on the effective date, without any further act or thing to be done by the state government, the aptransco, the apdistcos or workmen, as the case may be and consistent with the tripartite agreements. ..... maintained with a distribution undertaking.2(p) 'personnel' means workmen, employees, staff and officers of the aptransco by whatever name called and includes those trainees receiving stipend from the aptransco including those on deputation to other organization or institutions.2(t) 'transferee' means apdistco-i, apdistco-ii, apdistco-iii and/or apdistco-iv, as the case may be.2(w) 'tripartite agreements' means the agreements and individually each of them, as listed in schedule 'd' to the first transfer scheme entered into by the state government, the board and the concerned union or association ..... . 130 dated 23-8-1963 stating that the absorption of services of an employee on transfer from one company to another company on request may be considered upto 31-1-2004 only ..... , was also discontinued from 31-1-2004 onwards. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD752; 2005(1)ALT310
..... study and training, evaluation and examination system;(c) research relevant to the economic growth of the country;(d) entrepreneurship among the students of the constituent colleges; and(e) omitted(2) the university shall have the following powers and functions, namely-(i) to prescribe the qualifications under which persons shall be admitted to the university or to any particular course of study therein; and to prescribe the rules for the discipline of the students of the university;(ii) omitted(iii) omitted(iv) to associate other institutions or ..... the court referred to university grants commission (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of arts, humanities, fine arts, music, social science, commerce and sciences) regulations 1985 and held that under section 14 of the university grants commission act, 1956, the regulations made by the university are binding on all the autonomous colleges, that the condition of attendance upto 75% is necessary for the ..... the annual day function, the students were given five days preparation time but the same was not counted for the purpose of attendance and as and when the students did not adhere to dress code, absent was marked, as a result of all this, on the eve of annual/semester examinations on 30-4-2004, the petitioners were not issued hall tickets on the ground that they do not have the ..... university organs, for that matter any authority in our system, is bound by the rule .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC410; (2005)2UPLBEC1149
..... cases for issuing direction to the authority concerned to constitute a selection committee to consider the matter of regularisation of the ad hoc employees as per the rules for regular appointment for the reason that the regularisation is not automatic, it depends on availability of number of vacancies, suitability and eligibility of the ad hoc appointee and particularly as to whether the ad hoc appointee had an eligibility for appointment on the date of initial as ad hoc and while considering the case of regularisation, the rules have to be strictly adhered to as dispensing with the rules is totally impermissible ..... , air 1985 sc 1016, the hon'ble supreme court explained the concept for absorption of the employees of one wing of the establishment to another wing of the same establishment therein the court held that the clinic where the employee had been working had been the integral department of the plant as it had no independent existence though employees of the clinic were entitled for absorption in the plant.20. in dr. ..... , air 1952 sc 192, the constitution bench of the hon'ble supreme court while considering the case for grant of permits under the provisions of motor vehicles act, 1939, held that high court ought to have quashed the proceedings of the transport authority, but issuing the direction for grant of permits 'was clearly in excess of its power and jurisdiction.'13. ..... , air 2004 sc 1377].23. ..... , (2004) 7 scc 112.12. in g. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2005)98TTJ(Mum.)201
..... seized from the business premises of the assessee constitute evidence of undisclosed income of the assessee and can be considered to have been found as a result of search so as to entitle the ao to assume jurisdiction to treat the depreciation allowance claimed by the assessee as representing undisclosed income of the assessee-company in the impugned order under section 158bc in case the answer to 1 above is in the negative, whether on the facts and in the circumstance of the case, the ao has the jurisdiction to include the amount of depreciation allowance claimed by the assessee in the computation of undisclosed income for the purpose of chapter xiv-b of the act ?" 2. ..... the entire payment made by the assessee by cheque to m/s andhra organics corporation was transferred on the same date to the account of m/s npl from which 85 per cent of the amount was paid back to the assessee-company. ..... the assessee claimed to have purchased cold farming roll sets made of high carbon high chromium steel from m/s amity industries, 7th cross, magadi road, bangalore for rs. ..... cit (2004) 91 ttj (chennai) 970 : (2002) 80 itd 429 (chennai). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC469; 2005(1)CTC111; 2005(1)CTLJ14(SC); JT2004(10)SC147; 2004(10)SCALE60; (2005)1SCC679
..... and information it shall accompany under sub-section (1) of section 41;(b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41;(c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41;(d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub ..... the interpretation sought to be placed by the petitioners on the said para of the rule would result in frustrating the high security aspect and object of the scheme of affixation of high security registration plates on vehicles.challenge to para 4(x) of the motor-vehicles [new high security registration plates] order, 2001 issued in purported exercise of powers under section 109(3) of the act.49. ..... , in his elaborate opinion expressed by him : (2004)5scc364 , found a serious vice in the tender conditions that they necessarily intend to promote such companies which have foreign collaborations and exclude indigenous manufacturers.37. ..... 01.01.2004. .....
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