Court : Supreme Court of India
Decided on : Feb-20-1992
Reported in : AIR1992SC1203; (1992)2CALLT1(SC); JT1992(2)SC27; 1992(1)SCALE437; 1993Supp(1)SCC153; 1SCR897; 1992(2)LC359(SC)
..... scales to a reasonable number. such reduction in the number of pay-scales has to be achieved by resorting to broadbanding of posts by placing different posts having comparable job-charts in a common scale. substantial reduction in the number of pay-scales must inevitably lead to clubbing of posts and grades which were earlier different and unequal. ..... all the entries in column i of the schedule under the heading 'registration department' of the bengal subordinate service (discipline & appeal) rules, 1936 were omitted along with the corresponding entries in columns 2 to 5 thereof. thus, contend the respondents, the west bengal registration service, including the sub-registrars was brought on par with other 'constituted state services', ..... the job requirements, recruitment standard and responsibilities attached to the post belonging to the said service it recommended a scale of rs. 425-825 for sub-registrars and corresponding higher scales for other posts, the highest being rs. 850-1600 for registrar of assurances, calcutta and inspectors of registration offices. it appears that this recommendation did not ..... was made by nomination of candidates who were undergraduates or even of lower academic qualification. by the notification dated 25th november, 1949, made under section 211(2)(b) of the government of india act, 1935, the recruitment rules framed in supersession of all previous rules, the minimum educational requirement for sub-registrars was raised to graduation. the revised .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-20-1992
Reported in : AIR1993SC1188; 76CompCas27(SC); 1993CriLJ197; 1992(61)ELT337(SC); JT1992(4)SC565; 1992(2)SCALE227; 1993Supp(2)SCC724; 3SCR960
..... of this act repeals any enactment hitherto made or hereafter to be made, ..... :where this act or any central act or regulation made after the commencement ..... - (1) the foreign exchange regulation act, 1947 (7 of 1947), is hereby repealed.(2) 'anything done'...under the act hereby repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act.section 6 of the general clauses act, 1897 provides the effect of repeal thus ..... the central govt. (in either case hereinafter referred to as the adjudicating officer).a comparative study of these provisions of the repealed act and the act clearly adumbrated that save as may be provided in accordance with any general or special exemption from the provisions of this sub-section, which may be granted conditionally or unconditionally by the reserve bank of india, .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-23-1992
Reported in : 1992(2)WLC618; 1992(2)WLN185
..... submitted that inspite of grant of aforesaid four pay-scales of the officers of the rajasthan judicial service with effect from 13.8.1987, no corresponding change was made in the pay-scales of the officers of rajasthan higher judicial service and as a result thereof, for the first time since ..... in view the nature of duties, responsibilities and functions and, therefore, it is not a case where the court will have to evaluate and compare their comparative duties and functions and powers on the basis of affidavits and pleadings. it is not a case where a direction has been issued to the ..... . the learned single judge could not remedy this difficulty because that was not a typographical mistake and, therefore, he could not correct the judgment under section 152 c.p.c.36. it may be stated here that rajasthan civil services (revised pay scales) rules, 1987 lays down scales no. 30 and ..... magistrates 1600-2325(ii) addl. civil judges-cumchief judicial magistrates 1210-2040(iii) munsif cum judl. magistrate 1000-1800however, with effect from 20.4.1983, the posts of addl. civil judges-cum-chief judicial magistrates were upgraded and they were also granted pay scales equivalent to the civil judge- cum-chief ..... article 226 of the constitution. it can strike down an impugned rule on stated ground of invalidity and direct the authorities to reframe it and act accordingly but cannot itself reframe it and issue direction, order or writ on that basis without hearing the affected parties. in this case, so .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR329
..... etc. instituted after the period prescribed, although limitation may not have been set up as a defence. clause (c) of sub-section (1) of section 26 sr act enables a defendant in a suit in which any right arising under an instrument is in issue, to ask for rectification of the ..... place defendant no. 1 to a serious disadvantage. similarly, enforcing the covenant would subject defendant no. 1 to unforeseen hardship, there being no corresponding hardship to the plaintiff or the trust. plaintiff was not entitled to the injunctions claimed as damages would be an adequate relief to compensate him ..... a court of equity will grant an injunction against it.' indeed, parma singh (supra) goes to the extent of saying that the question of comparative convenience or inconvenience on the nature or extent of damage or injury to the plaintiff would not ordinarily arise. the third formulation put forth by ..... , hereditaments and premises'. the word 'hereditaments' is defined as 'any property that may pass to an heir' see chambers 20th century dictionary new edition 1983. 'premises' in the same dictionary has been given the meaning 'a building and its adjunts'. the use of three words as if they were synonyms ..... at the highest, the land whereon these garages stood. defendant 1 has given different interpretations of the covenant phrasing pursuant to an order dated 26-4-1983. first, it was said that the words, 'on the remaining land of the vendor' described no more than the phrase 'the present existing garages .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Nov-09-1992
Reported in : (1993)44ITD540(Kol.)
..... in the assessee's own factory and through unifab engineers is given at page 123 of the assessee's compilation. a perusal of this comparative chart shows that the assessee had considerably gained by giving these works to unifab engineers on payment of labour charges thus avoiding the expenditure on factory ..... as follows while explaining the scope of the deduction allowable under section 10 (2) (iii) or section 10(2)(xv) and section 12(2) of the indian income-tax act, 1922 corresponding to section 36(l)(iv), section 37(1) and section 57(iv) of the income-tax act, 1961, respectively, at page 208 of the reports : proceeding ..... also held that if the ito was satisfied with the correctness of this working, on modification of the earlier assessment order for the assessment years 1983-84 and 1984-85 appropriately in line with the assessee's working, he would allow the further deduction under bonus for the assessment year 1985 ..... year to justify the disallowance made by the ito. we have looked into the order of the appellate tribunal for the earlier assessment year 1983-84 relied on by the learned departmental representative. we find that the tribunal had sent back the matter because the assessing officer had not ..... ito which is being objected to by the revenue in the present ground.31. the learned departmental representative argued that in the assessment year 1983-84, this issue has been restored by the tribunal to the file of the assessing officer with a direction that he should examine the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-07-1992
Reported in : (1992)(40)ECC293
..... approximately 10020 compressors. thus the value of the consumption of bought out components on an average per compressor comes to approximately rs. 886/-. the respondents also supplied a comparative chart of average consumption of new components in the repairing of compressors in the years in question and also undertook an independent exercise that if a new compressor of a particular ..... respondents as "inwarranty" compressors. entries are made in "gate entry register" on the basis of the challans giving the details of the defective compressors received for repair. the corresponding control number of the gate entry register is then put on to the defective compressors with paint. the respondents have separate control numbers and colours for out of warranty compressors ..... as contrasted to repair, guidance is also available from two judgments of the hon'ble supreme court. though both these judgments were in the context of section 106 of the transfer of property act (the point at issue being whether certain premises were used for manufacturing purposes or not), still they are relevant to the issue before us for the ..... imagination, can it be said that a commercially new or distinct article has come into existence. "16. the learned joint chief departmental representative relied on two judgments of this tribunal [1983 elt 1927 -- sriram pistons and rings ltd v. collector of central excise, meerut and -- collector of central excise, baroda v. lathia industrial supplies co. ltd.] and a judgment .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-17-1992
Reported in : (1994)2CALLT410(HC)
..... him in the event of his pay fixation in accordance with the method prescribed by the office memorandum dated the 5th april, 1991. the comparative chart prepared for showing the difference in the matter of pay fixation under the said two office memoranda has been annexed to the writ petition as ..... between the 1st august, 1982 and the 31st december, 1982 were first fitted in the pre-revised scale of executives and then fixed at the corresponding stage in the third revised scale of pay which came into effect from 1st august, 1982, though the third revised scales of pay was promulgated ..... republic and welfare state which we endeavour to set up and largely influenced by the fact that the old men who retired when emoluments were comparatively low and are exposed to vagaries of continuously rising prices, the falling value of the rupee consequent upon inflationary inputs, we are satisfied that ..... shown for such classification.16. we would now refer to the decision of the supreme court in d.s. nakara v. union of india, : (1983)illj104sc . the central government ameliorated the pensionary benefits of pensioners, the liberalised pension formula was however made applicable to employees retiring on or after the specified ..... a group of employees was enjoying one and the same pay scale and was also doing the similar or same work, it will be an act of arbitrariness, violating article 14, to split them into two groups thereby giving unequal benefits of pay to the two groups without being backed by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-16-1992
Reported in : JT1992(1)SC199; 1992(1)SCALE107; (1992)2SCC124; 1SCR151
..... (a); (c) any arbitration agreement contained in such contract shall be subjects to the provisions of this sub-section.7. parliament also, at about the same time, amended section 59 of the act by act 18 of 1983. the amended section 59(1), which is sufficient for our purpose reads thus:59. general principles for board's finance - ( ..... the tune of rs. 3.07 crores. the appellant's allegation is that no such approval had been given and it is asserted that the internal correspondence between board and state would show that the legal - department of the board had raised certain objections to the levy of hv-2 rates on the ..... petitioner to contend, as it in fact did, that there are special features in its case which make it legitimate to fix some concessional rates as compared to other consumers. on the other hand, it is equally open to the state electricity board to contend that having regard to the prevalence of certain ..... these rates certain factors individual to it had not been taken into account. if one compares the two provisions, one will find that most of the elements are common to the two provisions. both under section 49 and section 60 the authorities have to take into account the geographical position of any area, the ..... . in other words, the state and board adhere to the rates fixed on 18.104.22.168. it may be interesting to set out a comparative table of the revisions effected by the board originally (which was quashed by the high court) and the rates now approved:period hv-2 rate revised .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-11-1992
Reported in : 1993(2)BomCR111; (1993)IILLJ1179Bom
..... absorption into service of the 1st respondent, the concerned workmen shall be extended all emoluments and conditions of service as are applicable to the workmen of corresponding categories in the canteens at sewree and wadibunder installations; (5) if any workmen from amongst the existing contract labour are found surplus to the ..... the statutory guidelines. not only is there no application of mind to the factors indicated in clauses (a) to (d) of sub-section (2) of section 10 of the act, but there is advertence to 'interest of the efficiency of the organisation' which was not germane. there is also no indication, whatsoever, ..... for the purpose of a comparison of the emoluments and service condition of the canteen workmen. it is contended that it is legitimate to compare the emoluments and conditions of service of the canteen workmen in the departmentally run canteens with those of the canteen workmen in the refinery and ..... in the canteen at the refinery. the wide disparity in the wages and other service conditions is brought out, in stark reality, by a chart annexed at exhibit i to the petition. it is the case of the petitioner that there is no difference in the nature of work ..... iillj396sc and (v. veerarajan v. government of tamil nadu : (1987)illj209sc and (sankari c.a.t.m. sangham v. govt. of tamil nadu : (1983)illj460sc , he contended that in exceptional situations, it is perfectly legitimate for the court to decide the question for itself and issue a writ of mandamus. these cases .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-09-1992
Reported in : AIR1993Bom10
..... absent such indications of due process, or consideration of material and relevant factors, the decision is liable to be set at naught. (see aswini pimpalwar v. state of maharashtra, corresponding to : air1992bom233 ). what the court needs is dawn, and not twilight.68. the functioning of the various department would throw further light on the tainted processing that the bureaucrats ..... members had a higher income, judged in the light of the condition which obtained then. the policy was revised by another resolution dated 12th may 1983. government employees were among the favoured groups. the comparative merits of various demands for the land, had to be examined by the collector before forwarding the proposal for grant of land with a view ..... : 'necessary orders may be issued.' the further processing was done and a note was prepared on 28-9-1988. the last sentence therein reads :'finance department may please sec for concurrence.'the deputy secretary, finance department stated :'it would have been appropriate to show this file to finance department before the same was submitted to government.the finance department ..... that rule, not only to get the highest price for the property but also to ensure fairness in the activities of the state and public authorities. they should undoubtedly act fairly. their actions should be legitimate. their dealings should be above board. their transaction should be without aversion or affection. nothing should be suggestive of discrimination. nothing should .....Tag this Judgment!