Tribunal Court April 2014 Judgments
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Vrl Logistics Ltd Corporate Office Vs. Hubli Electricity Supply Compan ...
Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on: Apr-02-2014
M. Karpaga Vinayagam, Chairperson. œWhether the Appeal u/s 111 challenging the Order passed by the State Commission dismissing the Review Petition in exercise of the powers u/s 94 (f) of the Act is barred by the provisions of the Order 47 Rule 7 of the Civil Procedure Code?? And œWhether the Order rejecting the Application for Condonation of Delay for filing a Review Petition can be said to be an Order passed in exercise of the Review Jurisdiction and whether such an Order can be prevented from being challenged in Appeal u/s 111 of the Electricity Act, 2003 before this Tribunal?? 1. These are the two questions posed before this Tribunal in this matter. 2. VRL Logistics Limited, the Appellant herein has filed this Appeal challenging the Order dated 17.10.2013 passed by the State Commission dismissing the Review Petition filed by the Appellant holding that the Review Petition could not be entertained not only because of the long delay which is not explained but also because o...
Chalthan Vibhag Khand Udyog Sahakari Mandali Ltd. and Others Vs. C.C.E ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad
Decided on: Apr-02-2014
M.V. Ravindran, J. 1. All these appeals and stay petitions are filed against a common order in appeal no.SUR-EXCUS-001-APP-558 to 569/13-14, dt. 20.12.2013, hence are being disposed of by a common order. 2. Appellants M/s. Coper Co-operative Sugar Ltd. and M/s. Chalthan Vibhag Khand Udyog Sahakari Mandali Ltd. have filed written submissions and other appellants are unrepresented. We have taken on record written submissions made by the two appellants. 3. After hearing the Ld. Departmental Representative on the stay petitions filed by all the appellants, we find that the appeals themselves could be disposed of at this juncture, as the issue raised lies in a very narrow compass. Accordingly, we allow the applications for waiver of the pre-deposit of the amounts involved and take up the appeals for disposal. 4. The issue involved in these cases are the appellants herein are manufacturers of VP Sugar and during the said manufacturing process it was held that the appellant also manufacturers...
K.M. George Vs. Union of India, Represented by the Secretary and Other ...
Court: Armed forces Tribunal AFT Regional Bench Kochi
Decided on: Apr-02-2014
Shrikant Tripathi, Member (J): 1. Heard Smt.Thara Thamban for the applicant and the learned counsel for the respondents and perused the record. 2. The respondents did not file any reply statement, so we proceeded to decide the matter on the basis of the Annexures filed on behalf of the applicant. 3. The applicant, K.M.George, Ex-L-Tel.No.47813, claims reservist pension. He was enrolled in the Indian Navy for 10 years regular and 10 years Fleet Reserve Service. He served the Navy in the Boy's service till 6th June 1957 for 1 year and 98 days. After the Boy's service, he continued in the service of the Indian Navy from 7th June 1957 and was ultimately discharged from the active service on 6th June 1967 with the reserve liability of 10 years from 7th June 1967. He was accordingly transferred to the fleet reserve and remained as such till 19th June 1976 and was issued service certificate with regard to his service in the Fleet Reserve. 4. The learned counsel for the applicant submitted tha...
Chandra Kanta, New Delhi Vs. Union of India Through the Secretary, New ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Apr-02-2014
Shekhar Agarwal, Member (A). 1. The applicant was an officer of Indian Railway Accounts Service of 1977 batch. Her junior one Sh. Raghuraman was granted Higher Administrative Grade on 04.01.2010. However, she was not granted the same. Aggrieved by that, she submitted a representation to the respondents on 26.02.2010 and reminded on 29.09.2011 just a day before her superannuation on 30.09.2011. Her contention is that her ACRs have not been communicated to her and she could get the same only on the intervention of Central Information Commissioner (CIC) in December, 2011. The present O.A. was filed on 31.01.2012. 2. During arguments the following two grounds were taken by the applicants counsel:- (i). Her ACR for the year 2005-06 was incomplete inasmuch as it had remarks written only by the reporting officer and had no remarks of the reviewing/accepting officer. Therefore, in terms of law laid down by this Tribunal in the case of Balvinder Singh Vs. UOI (OA-253/2009) and Ashok Kumar Anej...
Commr of Customs, Patna Vs. M/S. J.J. International
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Apr-02-2014
DR. D.M. Misra, J, 1. This is an application filed by the Revenue seeking stay of the Order-in-Appeal No.122/PAT/Customs/Appeal/2012 dated-25/05/2012. 2. At the outset, the Ld. A.R. for the Revenue submits that the Ld.Commissioner(Appeal) has passed the order without allowing time to the Department, to place evidences, even though a specific request had been made in this regard resulting into violation of Principles of natural justice. He submits that Ld. Commissioner (Appeals) Order, is contrary to the specific circular issued by the Board Circular Nos. 4/2004-Cus dated-16 January, 2004 and 36/2010-Customs dated 23/09/2010, on the subject. 3. Ld. Consultant Shri K.K. Sanyal for the respondent submits that they have a strong case on merit but since the Departments plea is violation of natural justice, he has no objection, to remand the matter to the Ld. Commissioner (Appeal) for consideration of the issue afresh. He requests that a time frame may be fixed as they have been deprived of ...
Srijan ek Aasha Secrtary Rajesh Dubey, Jabalpur (M.P.) Vs. the State o ...
Court: National Green Tribunal Principal Bench New Delhi
Decided on: Apr-02-2014
Dalip Singh, Judicial Member: 1. This application came to be registered after the original Writ Petition No. 1851/2013 filed by way of PIL was transferred to this Tribunal by the Hon'ble High Court of Madhya Pradesh at Jabalpur. 2. After the petition was transferred and registered here as a Original Application No. 02/2014, notices were ordered to be issued. None has appeared on behalf of the Applicant on the previous dates and today also. 3. We have perused the contents of the application. The Applicant has raised the issue in the present application with regard to the construction of a hotel by the Respondent No. 3, M.P. Tourism Development Corporation (in short 'MPTDC') in the Dumna area near Jabalpur city alleging that precious forest land has been diverted for non forest activity in violation of the provisions of the Forest (Conservation) Act, 1980. It is alleged in the petition that the Dumna area belongs to the Jabalpur Municipal Corporation and a Nature Park has been developed ...
M/S. Reliable Corporation Vs. Commissioner of Central Excise, Chennai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Apr-02-2014
1. After hearing this matter at length, I find that the appeal may be decided at the stage of stay petition hearing. Accordingly, after disposing the stay application, the appeal is taken up for hearing. 2. The appellant is engaged in the manufacture of Synthetic Adhesive, Relacryl, Relasin etc. There is a demand of duty on the basis of variation in the value of sales figure as reported in Profit and Loss Account and Sales Tax Returns with ER-1 returns for the years 2007-08 and 2008-09. The adjudicating authority confirmed the demand of duty of Rs.2,53,070/- along with interest and penalty. Commissioner (Appeals) upheld the adjudication order. 3. It is seen from the impugned order passed by the Commissioner (Appeals) that the appellant took the plea that the reported difference in the value of their Profit and Loss Account and ER-1 returns are due to the fact that the exported goods were not properly accounted. The Commissioner (Appeals) observed that the appellant failed to produce su...
M.L. Arya, Ex. Accountant, Dehradun Vs. Union of India Through the Sec ...
Court: Central Administrative Tribunal Principal Bench New Delhi
Decided on: Apr-01-2014
V.N. Gaur, Member (A). 1. The present application has been filed by the applicant against the order of respondent no.3 dated 14.05.2009, directing respondent no.4 to treat the period from 26.08.2004 to 26.01.2005 as dies non. 2. Briefly stated, facts of the case are that the applicant was issued a charge-sheet on 23.08.2006 containing a charge that he remained absent from 26.08.2004 to 26.01.2005 without any sanctioned leave. The charge-sheet contained three more charges with regard to financial irregularities etc. After enquiry the Disciplinary Authority (DA) issued an order on 25.05.2008 imposing a penalty of compulsory retirement from service with effect from 31.05.2008. The applicant preferred an appeal vide his letter dated 21.06.2008, which was considered by the Appellate Authority (AA) and an order was passed on 09.03.2009 setting aside the penalty of compulsory retirement imposed on him by the DA and treating him to be in service till his normal date of superannuation i.e., 31....
M.V. Gangadharan Vs. the Union of India, Through the Secretary and Oth ...
Court: Armed forces Tribunal AFT Regional Bench Kochi
Decided on: Apr-01-2014
Shrikant Tripathi, Member (J): 1. Counsel statement filed on behalf of the respondents is taken on record. 2. Heard Mr.Ramesh C.R for the applicant and Mr.Tojan J. Vathikulam for the respondents and perused the record. 3. The applicant, Gangadharan M.V., Ex Lance Naik No.13944082K, claims the benefit of rounding off of the disability pension in terms of the Government of India, ministry of Defence letter No.1 (2)/97/D(Pen-C) 31st January, 2001. 4. The facts relevant for the decision of the instant matter are that, the applicant was enrolled in the Indian Army on 6th of October, 1977 as Sepoy and was discharged on 1st of November 1994. After the discharge from the Army, he was re-enrolled in the Defence Security Corps on 29th March 1997 for a term of engagement of ten years with the liberty to claim further extension of five years or till attaining the age of 55 year, whichever was earlier. The applicant was discharged from the D.S.C service on completion of his initial term of engageme...
N.K. Kolekar Dhanagi Hindu Vs. Uoi and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Apr-01-2014
1. Heard on MA No.167/2014, which is an application u/s 15 (6)(e) of Armed Forces Tribunal Act, 2007 for suspension of sentence and grant of bail. 2. This OA has been preferred against the order dated 30.10.2013 passed by the GCM whereby the applicant was convicted u/s 10 of the Protection of Children from Sexual Offences Act (for short POCSO), 2012 read with Section 69 of Army Act, 1950 (on two counts) and sentenced to undergo RI for seven years. However, the confirming authority has reduced the period of custodial sentence to five years. 3. Allegations as found proved against the applicant, in short, are that, he had subjected the prosecutrix, a girl aged about five years, to sexual assault with his hand as well as tongue. 4. Learned counsel for the petitioner has contended that none of the accusations was made out in view of the following facts: (i) Delay of four days in reporting the matter to the concerned authority; (ii) Inherent lack of jurisdiction of GCM to try the offence und...
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