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Judgment Search Results Home  Phrase:central excise act 1944 section 11aa  Page:8

Apr 16 1998

Director, Government of India Vs. General Secretary, Central Governmen ...

  • Decided on : 16-Apr-1998

Court : Supreme Court of India

Reported in : AIR1999SC553; JT1998(6)SC632; 1999LabIC227; (1998)5SCC630

... not maintainable in view of Section 28 of the Administrative Tribunals Act, 1985. Thereafter, the appellant filed an application (OA No. 94 of 1990) before the Central Administrative Tribunal, Ernakulam Bench. The respondent-workmen also filed an application (OA No. 403 of 1989) before the Central Administrative Tribunal. Both these applications were decided by the Central Administrative Tribunal by its judgment ... as to the jurisdiction of the Tribunal to deal with the application under Section 19 of the Administrative Tribunals Act and has held that the Tribunal had jurisdiction to entertain the application against the award made by the Industrial Tribunal. The said view of the Central Administrative Tribunal is not in consonance with the law laid down by this ... it has been laid down that the Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 has no jurisdiction to adjudicate upon the finding of the Industrial Tribunal. In view of the said decision, the order dated 3-3-1992 passed by the Central Administrative Tribunal rejecting the review application cannot be upheld and the said review ... by the Industrial Tribunal. The said view of the Central Administrative Tribunal is not in consonance with the law laid down by this Court in Ajay D. Panalkar v. Pane Telecom Deptt., : (1998)IILLJ170SC wherein it has been laid down that the Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 has no jurisdiction to adjudicate upon ...

Jan 19 1998

Commissioner of Income Tax, Gujarat-I Vs. N. Kishore Settlement

  • Decided on : 19-Jan-1998

Court : Supreme Court of India

Reported in : [1999]236ITR35(SC); (1999)9SCC159

... . : [1996]222ITR486(SC) , and connected matters wherein this court had set aside the orders passed by the High Court rejecting the applications of the Revenue filed under Section 256(2) of the Income-tax Act, 1961, and directed the Appellate Tribunal, Ahmedabad, to refer the questions of law in the different cases as specified hereinabove for the decision of the High Court ... of case and the relevant documents.2. In the same terms these appeals are allowed and the orders of the High Court rejecting the applications of the Revenue filed under Section 256(2) are set aside and the Income-tax Appellate Tribunal, Ahmedabad, is directed to refer the following questions of law raised by the Revenue for the decision of the ...

Dec 18 2003

State of Maharashtra Vs. Salman Salim Khan and Anr.

  • Decided on : 18-Dec-2003

Court : Supreme Court of India

Reported in : 2004(1)ALD(Cri)331; 2004CriLJ920; JT2003(10)SC257; 2003(10)SCALE1041; (2004)1SCC525; 2004(1)LC623(SC)

... respondent herein was originally charged of an offence punishable under Sections 304A, 279, 337, 338, 427 IPC and 134(a)(b) read with Sections 181 and 185 of the Motor Vehicles Act, 1998 as also under Section 66(1)(b) of the Bombay Prohibition Act. All these offences are triable by a court of ... material on record itself it is clear that if at all any act of the respondent is responsible for the death of the victim same cannot be termed anything other than a rash and negligent act punishable under Section 304A. Learned senior counsel further submitted that since the learned Sessions Judge ... cannot be termed anything other than a rash and negligent act punishable under Section 304A. Learned senior counsel further submitted that since the learned Sessions Judge while rejecting the application of the petitioner filed before it in altering the charge from Section 304 Part II to 304A, IPC, had itself ... act of his, he would be causing death of the victim if he meets with an accident. Such knowledge, according to learned counsel, is evident from the conduct of the respondent as could be seen from the averment in the complaint itself. He also contended that the High Court in a petition under Section ... few days later the chargesheet filed as above, came to be modified based on the additional statement of the complainant, and instead of Section 304A IPC Section 304 Part II, IPC was substituted which is an offence exclusively triable by a Court of Sessions hence the learned Magistrate who took ...

Dec 17 2004

Employers, Management of Central P and D Inst. Ltd. Vs. Union of India ...

  • Decided on : 17-Dec-2004

Court : Supreme Court of India

Reported in : AIR2005SC633; 2005(5)ALLMR(SC)287; 2005(1)AWC618(SC); 2005(1)BLJR130; (2005)2CALLT89(SC); [2005(104)FLR373]; [2005(1)JCR129(SC)]; JT2005(1)SC148; (2005)ILLJ552SC; (2005)9SC

... this case.7. But it is to be noticed that it is not always mandatory for the courts to order reinstatement in cases where there has been violation of section 25F of the Act (5A of the Standing Orders) which can be substituted for good reasons by awarding compensation. In the normal course we would not have interfered with the order of ... N. Santosh Hegde, J.1. On a reference made under section 10(1)(d) of the Industrial Disputes Act, 1947 (the Act) with reference to the discharge from service of Miss Aleyamma Samuel a typist in the appellant's organisation, the Industrial Tribunal held that the employee had established that she had ...

Oct 07 2005

N.K. Sharma Vs. Abhimanyu

  • Decided on : 07-Oct-2005

Court : Supreme Court of India

Reported in : AIR2005SC4303; 2005CriLJ4529; [2006(1)JCR135(SC)]; JT2005(12)SC491; 2005(4)KLT738(SC); 2005(8)SCALE313; (2005)13SCC213; 2005(2)LC1385(SC)

... Central, Provincial or State Act, nor a Government Company, by the Central Government or the Government of a State, can be treated to be a 'public servant' within the meaning of clause Twelfth of Section 21 of the Indian Penal Code for purposes of Section ... established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)'Admittedly ... Act, nor a Government Company, by the Central Government or the Government of a State, can be treated to be a 'public servant' within the meaning of clause Twelfth of Section 21 of the Indian Penal Code for purposes of Section 197 of the Code of Criminal Procedure, 1973. The answer to the question turns on the construction of clause Twelfth of Section ... Central Government and, therefore, the appellant was not employed in connection with the affairs of the Union within the meaning of Section 197 of the Code of Criminal Procedure, 1973.'We may, however, notice that therein a distinction between a company engaged under the Act and the Company which comes into existence in accordance with the Act ... Central Government. Legally speaking, the Super Bazaars are owned and managed by the Society and not by the Central Government and, therefore, the appellant was not employed in connection with the affairs of the Union within the meaning of Section 197 of the Code of Criminal Procedure, 1973.'We may, however, notice that therein a distinction between a company engaged under the Act ...

Apr 29 2009

V. Laxminarasamma Vs. A. Yadaiah (Dead) and Ors.

  • Decided on : 29-Apr-2009

Court : Supreme Court of India

Reported in : (2009)5SCC478

... Court rendered by two learned Single Judges expressed contrary views and the matter was referred to a larger Bench. The dispute relates to the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 ( in short 'Act'). The two decisions which were referred to by the Bench while making reference to a larger Bench were Konda Lakshmana Bapuji v. Government of Andhra Pradesh and Ors ... a larger Bench were Konda Lakshmana Bapuji v. Government of Andhra Pradesh and Ors. : [2002]1SCR651 and N. Srinivasa Rao v. Special Court under the A.P. Land Grabbing (Prohibition) Act and Ors. : AIR2006SC3691 . The three Judge Bench by judgment dated 3.3.2009 held that Kunda Lakshmana Bapuji case (supra) lays down the correct law and N. Srinivasa Rao does ... the correct law and N. Srinivasa Rao does not. The reference was accordingly answered. The three Judge Bench was of the view that the tribunal/Special Court constituted under the Act has requisite jurisdiction to go into the question of adverse possession. The three Judge Bench also noticed that it is one thing to say that a summary proceeding cannot be ...

Mar 31 1995

D.G., Employees' State Insurance Corporation and Anr. Vs. B. Raghava S ...

  • Decided on : 31-Mar-1995

Court : Supreme Court of India

Reported in : JT1997(10)SC507; 1995LabIC1806; (1996)IIILLJ350SC; 1995(2)SCALE644; 1995Supp(2)SCC681

... at a lower rate they made representations under FR 22-C seeking parity of their pay with that of Respondent No. 2. As the representations were rejected they approached the Central Administrative Tribunal, Bangalore Bench, for a direction to the Corporation to step up their pay so as to bring it on par with that of Respondent No. 2.4. The ...

Dec 12 1995

Malikarjunappa Shivmurthappa since Deceased by his heirs Vs. State of ...

  • Decided on : 12-Dec-1995

Court : Supreme Court of India

Reported in : JT1995(9)SC341; 1995(7)SCALE325; (1996)2SCC36; [1995]Supp6SCR616

... truck. It found that the police officer was competent in law to take possession of the vehicle for the purpose of enforcing the liability to pay tax under Motor Vehicles Act. It concurred with contributory negligence on the part of the appellant. Thus this appeal by special leave against the judgment and decree of the High Court of Bombay in Appeal ... ORDER1. It is not in dispute that the truck of the appellant was seized for non-payment of the tax under Motor Vehicles Act and he has still not discharged the liability. The only question is whether the State is vicariously liable for damages for seizure of the vehicle. The trial court though found ...

Jan 21 1997

Vam Organic Chemicals Ltd. and Anr. Vs. State of U.P. and Ors.

  • Decided on : 21-Jan-1997

Court : Supreme Court of India

Reported in : JT1997(1)SC625; (1997)2SCC715; [1997]1SCR403

... exercise of powers conferred by Section 41 of the U.P. Excise Act, 1910 (hereinafter called 'the Act') with the prior approval of the State Government. By the said Notification certain amendments were made in the Rules published with Notification No. 423-Five / 284/B, dated 26th September 1910. Section 41 of the Act gives power to the excise Commissioner to make Rules, ... 52) of List IThe impugned judgment now proceeds to examine how much of the field is occupied by the IDR Act so that the area available to the State Legislature can be ascertained.8. Section 18G empowers the Central Government to provide for regulating the supply and distribution and trade and commerce in any article or class of articles ... Excise Commissioner, Uttar Pradesh, were dismissed. The impugned Notification dated 18.5.1990 was issued in exercise of powers conferred by Section 41 of the U.P. Excise Act, 1910 (hereinafter called 'the Act') with the prior approval of the State Government. By the said Notification certain amendments were made in the Rules published with Notification No. 423-Five / 284/B, dated 26th September 1910. Section ... including fees taken in any court.Production, possession, storage, and distribution of country liquor, IMFLs, wines etc. are fully controlled by the State. (See Section 24-B, U.I'. Excise Act). The U.P. Excise Act &. Rules made thereunder prescribe a system of licensing for producing rectified spirit, for obtaining country liquor, etc., as well as for possession, storage and ...

Apr 24 1998

Birla VXL Ltd. Vs. State of Punjab and Ors.

  • Decided on : 24-Apr-1998

Court : Supreme Court of India

Reported in : AIR1999SC561; JT1998(6)SC626; 1999LabIC236; (1999)ILLJ220SC; (1998)5SCC632

... by Bank Draft No. 284426 dated 28-12-1984 in full and final settlement of your account.'4. The third respondent sought a reference for adjudication under the Industrial Disputes Act, 1947 of the question:'Whether termination of the services of a workman is justified and in order? If not, to what relief/exact amount of compensation is he entitled?'The ...

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