Court : Supreme Court of India
Decided on : Apr-24-1985
Reported in : AIR1985SC1605; [1985(51)FLR461]; 1985LabIC1257; (1986)ILLJ278SC; 1985(1)SCALE1024; 1985Supp(1)SCC221; 3SCR914; 1985(2)SLJ39(SC)
..... increment of pay.(d) the training period of promoted sub-inspectors shall count towards increment of pay.8. in 1967, the police regulations, calcutta were framed under section 3 of the calcutta suburban police act, 1866 and section 9 of the calcutta police act. chapter xv dealt with method of recruitment, qualifications for appointment including age and conditions of service. paragraph 3 of chapter ..... constituting a different cadre, class or category by themselves.20. the next question is whether the rules regulating the recruitment, seniority etc. of sub-inspectors of police in the calcutta police make any departure from the general principle laid down in the whole series of cases commencing with patwardhan to which we have already referred. earlier we have ..... order, a further order was issued on december 14, 1960 laying down the principles to be followed in determining the relative seniority of probationary sub-inspectors of the calcutta police. the principles were as follows : -(1) the seniority of departmentally promoted and directly recruited sub-inspectors will be determined in accordance with the dates of their probationary ..... ,or have, in the opinion of the selection board, other-wise attained a satisfactory educational standard. they shall sit in a preliminary departmental test examination at the calcutta police training school. the names of all nominees who pass that examination shall be submitted to the selection board. the candidates shall have-(i) a good record of service .....Tag this Judgment!
Court : Chennai
Decided on : Apr-10-1985
Reported in : [1986(52)FLR256]; (1986)IILLJ22Mad
..... on business and also makes its contributions under the act; that the said firm is carrying on two businesses, viz., (1) rendering service as consultants and designers; and (2) manufacturing engineering materials, and that it has merely ..... business of the old establishment and that therefore their establishment should be taken to be a new establishment coming within the purview of s. 16(1)(b) of the act. the said writ petition was resisted by the regional commissioner, provident funds, contending that messrs. veekay engineering industries, which is a partnership firm, still exists and carries ..... scheme from 26th november, 1969 onwards by submitting the requisite returns from november, 1969 onwards and by remitting the provident fund contributions and administrative charges as provided in the act. thereafter the appellants sent a reply to the regional commissioner, provident funds, by their letter dated 11th december, 1972 wherein they had explained that their company was ..... on 27th october, 1972 approached the regional provident fund commissioner seeking a clarification as to whether they can claim the benefit of non- applicability of the provisions of the act for a period of three years, since the inception of their establishment. the regional commissioner, provident funds, madras by his letter dated 17th november, 1972 directed the .....Tag this Judgment!
Court : Chennai
Decided on : Apr-10-1985
Reported in : (1985)2MLJ267
..... on business and also makes its contributions under the act; that the said firm is carrying on two businesses, viz., (1) rendering service as consultants and designers; and (2) manufacturing engineering materials, and that it has merely ..... business of the old establishment and that therefore their establishment should be taken to be a new establishment coming within the purview of section 16(1)(b) of the act. the said writ petition was resisted by the regional commissioner, provident funds, contending that messrs. veekay engineering industries, which is a partnership firm, still exists and carries ..... scheme from 26.11.1969 onwards by submitting the requisite returns from november, 1969 onwards and by remitting the provident fund contributions and administrative charges as provided in the act. thereafter the appellants sent a reply to the regional commissioner, provident funds, by their letter dated 11th december, 1972 wherein they had explained that their company was ..... on 27th october, 1972 approached the regional provident fund commissioner seeking a clarification as to whether they can claim the benefit of non-applicability of the provisions of the act for a period of three years, since the inception of their establishment. the regional commissioner, provident funds, madras, by his letter dated 17th november, 1972 directed the .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-09-1985
Reported in : ILR1986KAR2451; 60STC361(Kar)
..... , reliance placed on the information collected from the records maintained at the police out-post is also within his jurisdiction. the powers of the commissioner while exercising revisional jurisdiction are treated on per with ..... the powers of an appellate authority under the act. 41. so far as the jurisdiction of this court under article 226 of the constitution ..... would undoubtedly be competent in proposing to revise such an assessment under the kst act, if he found that a part of the turnover was not an inter-state sale. 40. the contention advanced is that the commissioner cannot make use of the information collected from the police out-post at the state border and collected after the assessment. the supreme court ..... upheld the validity of rule 14a of the madras general sales tax rules under which the commissioner is empowered to take further evidence while exercising his revisional powers under section 12 of the madras act. in this view of the matter .....Tag this Judgment!
Court : Delhi
Decided on : Dec-13-1985
Reported in : 1986(2)Crimes535; 30(1986)DLT118; 1986(10)DRJ109; 1986RLR545
..... offence under section 33a of the act. in exercise of the powers conferred by section 43(1), the offence is not a cognizable one ..... the power of the police officer to arrest without warrant, a person committing an ..... only for some that a police officer might arrest without warrant. it, thereforee, followed that an offence under section 12 of the said act was not a cognizable offence. (9) likewise a learned single judge of calcutta high court in 'state of west bengal v. joginder mallick. which was a case under section 33a of the calcutta sub-urban police act, expressed the view that: 'notwithstanding ..... bench of the andhra pradesh high court and the learned single judge of calcutta high court in this regard. the purpose for which the power to arrest has been given to a police officer under section 59(2)(c) of the act is quite patent. it is to enable the police officer in whose presence an offence of misbehavior with intent to provoke a .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-29-1985
Reported in : (1986)1GLR522
..... case of somchand v. bibhuti bhusan reported in : 1965crilj499 in reply to that case the assistant commissioner of police, calcutta, refused to grant bail to an seth and paid him a certain sum of money. the complainant had filed a case for offence under section ..... offence should or should not be released on bail, was a matter within the discretion of the respondent (i.e. assistant police commissioner), and if, while exercising discretion, he acted illegally by saying that bail would not be granted unless the appellant did something which the appellant was not bound to do, ..... facts of the case on hand, it can never be said that there is any connection whatsoever with the acts of abuse and threatening to kill with the performance of duty as police head constable.9. counsel for the petitioner has also relied upon a decision of the supreme court in the ..... this badmash', meaning the complainant and the cook actually pushed out the complainant. the supreme court held that there was nothing to show that this act of abusing and turning out the complainant was a part of the official duty of the civil surgeon and therefore, no sanction was required under ..... the course of the trial, the accused filed an application exh. 34 purporting to be under section 197 of the criminal procedure code, and prayed that the acts constituting the offences alleged against him were done during the course of discharge of the duties of the petitioner and at the time when the alleged .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-25-1985
Reported in : 166ITR387(Cal)
..... had concealed its income and issued a notice under section 274 read with section 271 of theincome-tax act, 1961, as follows:dated: march 24, 1966.'m/s. oriental rubber works,171a, mahatma gandhi road, calcutta. whereas in the course of proceedings before me for the assessment year 1961-62, it appears to ..... 1)(c).' 6. on march 27, 1968, the inspecting assistant commissioner of income-tax, range xvii, calcutta, passed an order under section 274(2) read with section 271(1)(c)(iii) of the income-tax act, 1961, imposing on the assessee a penalty of rs. 7,97,654. it was recorded in ..... income-tax officer, special circle vii, district iv(2).5. the inspecting assistant commissioner of income-tax, range xvii, calcutta, thereafter, issued a notice under section 274 read with section 271 of the income-tax act, 1961, dated february 28/29, 1968, to the assessee as follows:'whereas the income-tax officer, spl. circle-vii ..... , calcutta, has, under sub-section (2) of section 274 of the income-tax act, 1961, referred your case to me in connection with the penalty proceedings under clause (c) of sub-section (1) of ..... premises of the assessee and seized certain books and documents under the provisions of the income-tax act.2. by an order dated march 25, 1966, the income-tax officer, 'f' ward, district iv(3), calcutta, assessed the income of the assessee for the said assessment year under section 43 of the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jul-31-1985
Reported in : (1986)(23)ELT128Tri(Chennai)
..... of section 55 as to which account it relates, that doubt has to be resolved in a manner conducive to furthering the objectives of the gold (control) act as set out above. accordingly, we hold thai non-accountal of the old and new gold ornaments in a subsidiary register kept by p.v.raikar at ..... that the new ornaments under seizure are not relatable to the standard gold bars sent by bhima & bros, to raikar at karwar.12. section 55 of the act provides that "every licensed dealer,...shall keep, in such form and in such manner as may be prescribed, a true and complete account of the gold...held, ..... 50,000/- in lieu of confiscation. he also imposed a penalty of rs. 10.000/- on p.v. raikar under section 74 of the act. p.v. raikar and all the claimants appealed to the gold control administrator against this order of the collector. the administrator also held that the claim that the ..... bros., kottayam, as claimed and here too, no entry had been made in the subsidiary g.s. 12 register. raikar has thus contravened section 55 of the act. he ordered confiscation of the said unaccounted old and new gold ornaments under section 71 but permitted them to be redeemed on payment of a fine of rs. ..... one of them could not be believed; the ornaments seized were held to be those of p.v. raikar himself. raikar had contravened section 55 of the act in that no entries were made for these ornaments in the relevant subsidiary register with him. he also disbelieved the story that 372.750 gms. of new .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-09-1985
Reported in : 1986(9)ECC385; 1987(10)LC531(Bombay); 1985(22)ELT334(Bom)
..... : 1983(14)elt2238(bom) and 2249), i.t.c. ltd. and others (karnataka) 1981 e.l.t. 690 and khardah co. ltd., (calcutta), 1983 e.l.t. 2159. it would also appear from the judgment in shiv shankar dal mills that the supreme court applied the procedure adopted in nawabgang ..... duty recovered from the manufacturer without authority of law. the counsel also drew my attention to the provisions of sugar (special excise duty) act, 1959. this act is intended for the imposition of special additional excise duty on certain types of sugar viz. 'khandasari sugar' and 'palmyra sugar'. section ..... of the counterveiling theory of unjust impoverishment and since such a theory of unjust impoverishment cannot apply having regard to the provisions of the act and rules framed thereunder as also article 265 of the constitution, it was contended that the theory of unjust enrichment cannot be made ..... submitted that unless the counterveiling theory of unjust impoverishment could be recognised in respect of excise duty under the excise and salt act or the sea customs act, the possibility of unjust enrichment by itself cannot be a ground for refusing to grant refund of duty collected from the manufacturer ..... sc) , the court observed as follows -'while there are different periods of limitation prescribed for the institution of different kinds of suits by the limitation act, 1963, there is no such period prescribed by law in respect of petitions filed under article 226 of the constitution. whether relief should be granted .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1985
Reported in : 1985(Supp)SCC476; Supp1SCR145
..... a matter which is exclusively entrusted to it must supersede pro-tanto the exercise of power of the state legislature. reliance was placed on sudhir chand v. wealth tax officer, calcutta : 3scr108 . but in resolving the rights of component units of federal or quasi-federal set up (to which category, however, indian constitutional set up belongs-no constitutional ..... better regulation of the purchase, sale, storage and processing of agricultural produce and for the establishment of markets for agricultural produce in that state. the objects of that act and the act with which we are concerned in these cases are almost the same. the maximum rate of market fee which could be levied by the various market committees under ..... improvement and maintenance of rural roads, the construction or repair or improvement and maintenance of rural roads was not one of the obligatory functions of the market committees under the act; and the construction and maintenance of rural roads, which were public roads, were the primary responsibility of the state and its instrumentalities such as the authorities under the karnataka ..... haldane after stating 'the rule of exception' applicable to the heads of sections 91 and 92, added :neither the parliament of canada nor the provincial legislature have authority under the act to nullify, by implication any more then expressly, statutes which they could not enact. ... ... ... ... while the federal legislature is given power, it is expressly provided that 'a .....Tag this Judgment!