Court : Allahabad
Reported in : 2002(82)ECC542; 2003(159)ELT101(All)
..... 1996 (83) e.l.t. 486 (s.c.), laid down guidelines for disposal of stay applications while considering the similar provision under imports and export (control) act, 1947, the supreme court did not uphold the decision of delhi high court wherein it was held that the appellant should necessarily be heard on an application to ..... order appealed against relates to any duty demanded in respect of goods which are not under the control of central excise authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the adjudicating authority the duty demanded or the penalty levied ..... order, the petitioner filed appeal before the commissioner of central excise (appeals), ghaziabad along with an application under section 35f of the central excise act, 1944 (in short 'the act') for dispensing with the condition of pre-deposit of the duty as well as penalty amount for entertaining the appeal and stay of the recovery .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT349; 2006(1)OLR16
..... declared elected on securing the highest vote. applicant secured the second highest vote. he filed the election petition under sections 30 and 31 of the orissa grama panchayat act, 1964 (in short 'the act, 1964'). applicant challenged to the aforesaid election of the opposite party, inter alia, on the grounds that- (i) by the date of filing of nomination and ..... of age, and (ii) she was not a person within the said panchayat area in accordance with the provision in sub-section (1) of section 4 of the act, 1964 and, therefore, she was not qualified to contest for election as a member of the grama panchayat and consequentially as the sarpanch. opposite party disputed to the aforesaid ..... of law is that, be it under article 227 or article 226, when this court exercises the power of superintendence or jurisdiction of certiorari, it is not to act as court of fact or court of first appeal where assessment of fact and evidence is the primary duty in the context of adjudication of dispute. it has also .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1738; 2008(5)ALLMR(SC)424; 2008BusLR403(SC); [2008]143CompCas97(SC); (2008)2CompLJ496(SC); 2008(3)SCALE650; (2008)6SCC750; [2008]83SCL451(SC); 2008(1)LC583(SC); 2008AIRSCW2402; 2008(2)Supreme502; 2008(4)KCCRSN299
..... (for short, 'the act'). out of the 2,84,000 equity shares in the company of rs. 10/- each, 2,83,999 shares are held by the first respondent and his son (appellant herein). the remaining one share is held by m/s. visva bharathi textiles private limited, shares in which again is held equally by the ..... director thereof. indisputably the parties are not on good terms. 4. respondent no. 1 filed an application purported to be under sections 397 and 398 of the act alleging several acts of oppression on the part of appellant herein before the company law board, additional principal bench, chennai. the said application was registered as c.p. no. 2 ..... reply statement before the company law board it was stated by the appellant:5.10 the petitioner-managing director has become quite old. in fact under the companies act, in case of public companies there exist sufficient safeguards to restrict appointment of managing directors over the age of 70 without prior permission of the central government. such .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIAD(Delhi)565; 63(1996)DLT865
..... forfeit a penalty. a baker was charged under section 4 of the act with selling bread otherwise than by weight and was convicted in presence of two justices. he obtained a rule nisi for a writ of certiorari to quash the conviction on ..... , (1914) 1 kb 608, the court held as under : 'by section 15 of the bread act, 1836, no person who shall be concerned in the business of a baker shall be capable of acting or shall be allowed to act as a justice of the peace under the act, and if any baker shall presume so to do he shall for every such offence .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker256
..... is clearly dependent on the obligation of the plaintiff to make good the loss or shortage of cargo to consignor or consignee under the carriage of goods by sea act and once such obligation was extinguished or discharged by operation of law, it is not open to the plaintiff to contend that the defendant was liable since the plaintiff ..... between the plaintiff and defendant. this, according to learned counsel is an independent contract and has no bearing whatsoever to the damage arising under the carriage of goods by sea act. in the instant case, no loss or damage was caused to any property of the ship. with regard to cargo, it was specifically provided in ext. a30 that ..... by the terms contained in ext. a30 as regards stevedoring operation agreed to be carried on by the defendant and the provisions of the carriage of goods by sea act had no application and that the suit filed within 3 years was well within the period of limitation. accordingly, the lower court passed a decree in favour of the .....
Tag this Judgment!Court : Kerala
Reported in : I(1990)ACC397
..... between the plaintiff and defendant. this, according to learned counsel is an independent contract and has no bearing whatsoever to the damage arising under the carriage of goods by sea act. in the instant case, no loss or damage was caused to any property of the ship. with regard to cargo, it was specifically provided in ext. a30 that ..... is dearly dependent on the obligation of the plaintiff to make good the loss or shortage of cargo to consignor or consignee under the carriage of goods by sea act and once such obligation was extinguished or discharged by operation of law, it is not open to the plaintiff to contend that the defendant was liable since the plaintiff ..... general of factory advice service, central labour institute building, sion, bombay. he stated that at the time of occurrence he was the inspector under the indian dock labour board act 1934, at the port of cochin, that on the date of occurrence of the accident he was shown wire rope with a circumference of 11/2 alleged to have .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR481; (1988)IILLJ534Guj
..... stated to have been passed on june 3, 1949. amar singh was informed about the same by one bishanchand, assistant controller, pepus on may 28, 1951. thereupon amar singh filed a suit for a declaration that the order of dismissal was illegal and inoperative. the suit filed by amar singh was resisted by ..... pendency of the petitions, the state of bombay was impleaded as a party. the third employee approached the bombay high court directly after the states reorganisation act came into force. all the petitioners contended that their petitions were maintainable against the state of bombay. the question which arose for consideration was whether the ..... of the community. these new tasks undertaken by the state have to be fulfilled through the instrumentality of statutory corporations and companies incorporated under the companies act. of course these tasks have toe performed consistently with the provisions of the constitution. we have noticed from the memorandum and articles of association of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj104; (1993)2GLR1460
..... the amendment order dated november 17, 1987, can, by no stretch of reasoning, be saidto be an order passed by the central government under section 27a of the act. as i read that ameridment order, it is only an inter-departmental communication addressed by mr. d. c. chakravarty, deputy director, traffic transport, railway board, ..... that the powers thereunder have been vested only in the central government, and they are therefore, required to be exercised by the central government. section 27a of the act does not say that the central government can delegate that power to any other authority. therefore, the amendment order dated november 17, 1987 (passed by mr. d ..... , the petitioner has prayed for the following main relief:'a writ in the nature of mandamus or any appropriate writ/ order/directions commanding the respondents to act and proceed in accordance with law and directing the respondents to rescind, recall, cancel and/or withdraw the rationalisation scheme being general order no. 1 of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj195; 1994(1)WLN66
..... necessary. standards have been prescribed by these boards for the control of pollution. whoever makes the breach of these standards, commits an offence under this act. the act provides punishments which include both imprisonment and fine. different standards are needed for different types of industries regarding different streams at different places. under the provisions ..... by the committee constituted for the purpose of c.e.t.p.6. counsel for the petitioner contended that under section 104(1)(2) of the act, the state government is empowered to impose octroi duty on the goods and animals brought within the municipal limits for consumption, use or sale therein and ..... the board') for the purposes of business in which it is engaged.3. vide impugned notification dated 27-12-1989 (annex. 4), the rajasthan municipalities act, 1959 (for short, 'the act'), was amended by the state government and rs. 15/- per bale as water pollution prevention fee has also been imposed in addition to octroi duty @ .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj59; 1998(1)WLC186; 1997(2)WLN324
..... '.. . .power of superintendence conferred by article 227 is, as pointed out by harries, c. j., in dalmia jain airways ltd. v. sukumar mukherjee, air 1951 cal 193 (sb) to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority and not for correcting ..... human conduct and public and private business in their relation to the facts of the particular case. if any inferior court or tribunal misdirects itself by acting upon any one circumstance, which does not fall within the definition of direct evidence, ignoring all other relevant circumstances required to be taken into consideration under ..... in excess of their statutory jurisdiction but correctly administer the law within the ambit of the statute creating them or entrusting those functions to them. the act has created its own hierarchy of officers and appellate authorities as indicated above, to administer the law. so long as those authorities function within the .....
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