Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Aug-16-1999
Reported in : (2000)(88)LC808Tri(Mum.)bai
..... replied to the same on 15.2.1994, and also produced the relevant subsidiary gate passes issued by the superintendent of central excise and the corresponding invoices issued by m/s. gujarat aluminium stores. after hearing the appellant on 21.9.1994 the impugned order came to be passed. the ..... goods were supplied through sub-dealer. the certificate issued by the sub-dealer m/s. gujarat aluminium stores and the subsidiary gate passes and corresponding invoices show that the goods mentioned in them tally regarding the quantity and description of the goods. even the thickness of the sheet also tallies ..... the extent of two week's delay and it is held that goods can be treated as comparable goods or similar goods which is not permissible.where duty paid nature of goods is not shown, credit cannot be taken.the minutes of ..... then the certificate should be dated prior to the date of delivery challan which is not so in this case. he has also examined the chart prepared by the appellant regarding the invoices, subsidiary gate passes and certificates. the certificates and gate passes are issued subsequently from the invoice to ..... metal labels falling under chapter 83 of the schedule to the central excise tariff act, by using the input aluminium sheets falling under chapter 76 and availed modvat benefit, for which they have filed declaration under section 57g(1) of the central excise rules. the appellant received the aluminium sheets through .....Tag this Judgment!
Court : Delhi
Decided on : May-13-1999
Reported in : 80(1999)DLT348
..... / taking over or in his notes thereof. however, the amounts quoted were collected as per the rules concerning regtl accts which are recorded in the acct books. all transactions and correspondence on the subject are aboveboard, transparent and open to scrutiny. 12. maj gen jagdish chander - ex mg asc (fto). he has highlighted the following: (a) he had been interacting ..... taken note of, these should be examined along with the figurative profile, pen-picture, results in important courses, the potential of the officer and his employability, ultimately, you should be comparing the merits of the officers as also evaluating 'average', 'high average', 'above average' and 'outstanding' ratings, against the prevailing norms in the army. 5. consistent performance should be given ..... of the hon'ble court. substantive rank of lt. col. was also granted to you along with your batch-mates. consequent to the supreme court's judgment dated 10th aug 1983, your case for promotion to the rank of a/colonel was considered on three occasions viz. july 86, april 87, nov. 87 and rejected on all the three occasions based ..... that once the selection board representing the central government had undertaken the task of assessing the officers on behalf the same central government, the department of ministry of defense cannot act as an appellate authority. according to the learned senior counsel in the constitutional scheme the minister of defense has absolutely no authority to decide about the correctness of the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Apr-16-1999
Reported in : (1999)LC236Tri(Mum.)bai
..... advice to all goods specified in the subject notification.6. shri s.p. sheth demonstrated that the name "parkman" did not belong to the other assessees by referring to the correspondence of the present applicants with the trade marks registry. the trade mark which is the centre of controversy in the present proceedings has been applied for registration by the present ..... marks or brand names put on record in the appeal memorandum. the assessee's brand name is oval in shape and part from the name shows two roll pipes. the comparative brand name used by m/s. parkman polymer industries on the other hand is a perfect circle and the name "parkman" has been shown in an ornamental font. in addition ..... . shri sheth submitted that it takes a considerable time in getting the formal registration. he was not able to advise us as to the rights of the applicants under that act during the pendency of such application.8. we have taken note of the learned advocate's submission that the prefixes and suffixes added to the phrase "parkman" are material inputs .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-22-1999
..... contacts, work options, economic independence, educational advancement, and cultural enrichment. see brief for american psychiatric association et al. as amici curiae 20-22. dissimilar treatment correspondingly exists in this key respect: in order to receive needed medical services, persons with mental disabilities must, because of those disabilities, relinquish participation in community life they ..... in the context of this case, and absent a showing of policies motivated by improper animus or stereotypes, it would be necessary to show that a comparable or similarly situated group received differential treatment. regulations are an important tool in identifying the kinds of contexts, policies, and practices that raise concerns under the ..... the basis of a statutorily described characteristic. thus, respondents could demonstrate discrimination by showing that georgia (i) provides treatment to individuals suffering from medical problems of comparable seriousness, (ii) as a general matter, does so in the most integrated setting appropriate for the treatment of those problems (taking medical and other practical considerations ..... a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion''') (quoting russello v. united states, 464 u. s. 16 , 23 (1983)). the majority's definition of discrimination-although not specifically delineated-substantially imports the definition of title .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-22-1999
Reported in : (2000)1UPLBEC371
..... to the government of india, as well as the hon'ble judges of the delhi high court, who are holding exactly corresponding posts the central government, rather it compared them with the others in the central government,18. it was further held that the doubt regarding equation of a particular post ..... grade i were given the same pay scale with the private secretaries of the delhi high court and with the corresponding employees of the delhi high court.76. hence, the section officer of this court cannot be treated differently and their case ought to have been considered by the state government ..... the state remained vacant.56. after reviewing the law under various states including the charter issued in 1774, clause 10 of high court act, 1861. section 9 of the act allowing the high court's appeal against the said direction. the hon'ble supreme court held :'clause 4 and 3 of the ..... . in the year 1988 the state government decided that the employees of the state government would be given the pay scale available to the corresponding status employees under the central government. in order to execute the said decision an equivalence committee was constituted under the government decision dated 14-10 ..... secretaries attached to the secretaries to the government of india. the judgment and order dated 21-12-93 passed in writ petition no. 1408 of 1983, filed by the private secretaries and personal assistants brotherhood, was based on parity with the private secretaries of the hon'ble judges of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-24-1999
Reported in : AIR1999SC3302; JT1999(6)SC196; 1999(5)SCALE162; (1999)7SCC638; Supp1SCR676; 2000(1)SLJ129(SC); 1999(2)LC1379(SC)
..... basic pay, the dearness allowance drawn by government servants between 1.1.1973 and 1.9.1976 for the purpose of a notional calculation of basic pay to find a corresponding equivalence in the ugc revised scales of pay. the entire purpose of the university order of 28th of july, 1980 is to exclude a double benefit of dearness allowances to ..... treated as pay with reference to which his pay should be fixed in the ugc pay scale. the pay in the ugc pay scale should be fixed at a stage corresponding to his pay so arrived at, and if there was no equal stage in the ugc pay scale, his pay should be fixed at a stage next above his pay ..... of pay. this order was brought into effect from 1,9.1976. in order to understand how a fixation was done under the university order of 28.7.1980, the comparative position of pay fixation of the respondent in civil appeal no. 3332 of 1998 is set out.---------------------------------------------------------------------------------pay fixed by the govern- pay fixation as per the pay fixation wanted ..... (i) of clause 6(1), all permanent government servants and temporary government servants who had been regularly recruited and appointed to the various categories of posts in the agricultural research section of the agricultural department stood transferred to the university. pending final absorption in the university, the staff was to be on deputation to the university but no deputation allowance was .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-31-1999
Reported in : ILR1999KAR2046; 1999(5)KarLJ489
..... the places where they have executed the work. it transpires that pursuant to the order made by the additional commissioner, the corporation entered into correspondence with the bombay municipal corporation, rajkot municipal corporation and calcutta municipal corporation with regard to the credentials of both the first petitioner and the ..... control devices, cannot be treated as an undue emphasis given to prefer the 6th respondent and it was totally an irrelevant consideration. the correspondence that have taken place between the corporation and the parties and the constitution of the expert committee and the decision taken in the light ..... corporation obtaining further sanction does not arise. therefore, they submitted that the grievance of the petitioners that the provisions of sub-section (2) of section 182 of the act and rule 6-a of the rules has not been complied with, is totally misconceived. they submitted that this petition is liable ..... the part of the said two authorities. as noticed by me earlier, the difference in the price finally quoted by the 6th respondent, if compared with the price quoted by the first petitioner, is not substantial. therefore, i am of the view that there is also no merit in ..... while considering the second submission of sri jayaram, i have taken the view that it is not permissible for this court to assess the comparative merit of the first petitioner and the 6th respondent to decide as to who is more suitable for entrustment of the work by the corporation. .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-24-1999
Reported in : 1999(4)ALLMR67; 1999(2)BomCR395; (1999)2BOMLR259; 1999(2)MhLj307
..... on the rights of a transferee for joint possession and the dominant purpose of the second paragraph of section 44 of the act, there is danger of an injury or violation of the corresponding rights of the other members of the family and an irreparable harm to the plaintiff and the court ..... possession to a stranger transferee, section 4 of the partition act gives a right to a member of the family who has not ..... para 25 of the judgment in warden's case has observed that 'while section 44 does not give a transferee of a dwelling house belonging to an undivided family a right to joint possession and confer corresponding right on the other members of the family to deny the right to joint ..... qua the entire suit property. the court further held that the case would fall within the scope of the second paragraph of section 44 of the transfer of property act, and that therefore respondent no. 4 and his wife a strangers were not entitled to joint possession of the family dwelling ..... 's interference is necessary to protect the interest of the plaintiff. since the relief of an interim injunction is all the same an equitable relief the court shall also consider whether the comparative .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-06-1999
Reported in : AIR2000P& H27; (1999)123PLR216
..... as regards the intention to move to the said house or change of mind of the respondent is concerned, the respondent should be given an opportunity to explain with a corresponding right to the petitioner to cross-examine the witness. 6. before the appellate authority in terms of the directions given by this court, the respondent appeared and was cross-examined ..... on a business in scraps and that she bona fide requires the whole building for residence as well as business. bona fide requirement is a question of fact. so is comparative hardship. these questions have to be decided on the basis of evidence on record. appreciation of evidence is not the task of high court in exercise of its revisional power ..... need should be genuine, honest and conceived in good faith. it was held :-- 'the phrase 'bona fide need' or 'bona fide requirement' occurs not only in the dehli rent control act but in the rent control legislation of other states also. what is the meaning of this phrase has been considered innumerable times by various high courts as also by this ..... that the protection afforded to a tenant is not rendered illusory or whittled down. these observations were made in respect of the provisions contained in e. p. urban rent restriction act, 1949.' 10. similarly, this court in the case of salim ahmed v. surjit kumar sahai (1998) 120 pun lr 182 held that it is not that landlord at any time .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-15-1999
Reported in : AIR2000Raj272; 2000(3)WLC209
..... , 'any police officer or other person authorised in this behalf by the state government'. there are other minor changes with respect to corresponding change of sections. thus, in substance, section 207 is analogous to section 129aoftheoldact.18. section 207 of the act contemplates five situations in which a police officer or an authorised person may seize and detain a motor vehicle, where he has reason ..... released to the owner unless and until he produces a valid certificate of registration under this act in respect of that vehicle,' 17. a comparative reading of section 207 of the act of 1988 and l29a of the act of l939 shows that there is no material change in section 129-a except in the opening sentence, instead of the sentence 'any police officer authorised ..... of the motor vehicles act, 1988 is substitute of section 129a of the motor vehicles act, 1939. the constitutional validity and vires of section 129a of the act of 1939 has been upheld by the supreme court in the transport commissioner. hyderabad v. s. sardar ali reported in air 1983 sc 1225 : (1983 cri lj 1506). it is submitted that the situation in which the ..... the appropriate court for the appropriate relief. thus, the apex court in transport commissioner v. s. sardar ali reported in air 1983 sc 1225, upholding the validity of section 129a observed that -'thus, if the provisions of the motor vehicles act are read in conjunction with the provisions of the code of criminal procedure -- and there is no getting away from the .....Tag this Judgment!