Court : Delhi
Decided on : Sep-26-2000
Reported in : 248ITR192(Delhi)
..... of the tribunal to the effect that there must be existence of some information emanating from an external source after the original assessment wascompleted is not the correct exposition of law. further, it is submitted that there was no application of mind to the materials on record and, thereforee, it cannot be said to be a case where there was change ..... on record. the tribunal recorded as one of its conclusions to the effect that the information must come from an external source. the same is not a correct position in law. but the factual position as was noted by the appellate assistant commissioner as well as by the tribunal, clearly goes to show that the assessed had not failed or omitted .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-26-2000
Reported in : 2000(2)WLN635
..... court, the senior member shall be the presiding officer. section 83 provides that general security force court or the petty security force court is to be attended by the law officer. a law officer is attached to the force court. he is supposed to maintain an attitude of impartiality. prosecution and defence both are entitled to his opinion. section 84 provides ..... concerned, perfection has been attempted by developing, devotion and dedication so as to rule out the possibility of an intention other than the intention to accomplish what is permitted by law. perfection in the matter of acquisition of information necessary for taking a right action has been attempted by observations, experiments, discoveries, research and use of most reliable and valid ..... established and for good reasons that mens rea is necessary ingredient of an offence, though, in a limited number of cases, and, in cases of minor offences, the common law rule may admit exceptions, if established either expressly or by necessary implication.28. ascertainment of general principle, is not the end of the exercise necessary for answering the question whether ..... to victimise innocent persons but to regulate the conduct of the citizens by imposition of duties, either expressly or by necessary implication. the penalty which is provided by the penal laws, at the lower plane, regulates the conduct by conditioning. when the offender committing offence is punished, he learn to avoid commission of such offences. at the higher plane of .....Tag this Judgment!
Court : Chennai
Decided on : Jul-07-2000
Reported in : 2000(3)CTC468
..... the deceased original petitioner to continue the proceeding thus allowing the, petition filed under section 27 of the act is perfectly within the ambit of law. 18. after all, the tenant is always at liberty to question the rights or qualifications of the legal representatives sought to be impleaded, if ..... .no.85 of 1996 by the respondents herein before the rent controller in rcop no.8 of 1990 is perfectly within the bounds of law wherein the points that are to be decided are whether such petitioners are the real legal representatives of the deceased petitioner/landlord and whether they ..... it had been filed for his personal/individual occupation of the premises, nor could such rights of the original petitioner become non est in law so as to say that his legal representatives cannot continue the proceeding getting themselves impleaded by virtue of a petition filed under section 27 of ..... is false to conclude that on his death, the same becomes either extinguished without being made available for his legal representatives or become nonest in law as it is argued on the part of the learned counsel for the petitioner. 17. for all the above discussions held, the only conclusion ..... in the sense that the moment the landlord passes away, automatically, either by intestate succession of survivorship on account of the operation of the law or by testamentary succession, the legal representatives would become the owners of the premises which is the subjectmatter in a petition filed by the original .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-02-2000
Reported in : (2000)3CALLT486(HC)
..... for public purpose.8. 1 do not accept the argument of learned advocate for the petitioners that the acquisition sought to be made was for ramkrlshna mission which is a hindu organisation and for that reason no acquisition can be made for public purpose at public expense and i reject such contention.9. re: point nos. 2 & 3.admittedly ramkrishna mission ..... stdheswar shat v. state of west bengal reported at : air1995sc2089 that persons belonging to or owing their allegiance to ramkrishna mission or ramkrishna math belong to a religious denomination within hindu religion or a section thereof as would entitled them to claim the fundamental rights conferred on either of them under article 26. india is a secular country. under the scheme ..... .'5. the learned sr. counsel for the petitioners in course of his argument argued the following points:1. the acquisition is for ram krishna mission which has been adjudged as hindu organisation by the supreme court of india and there cannot be any acquisition under the said act on public purpose.2. admittedly ram krishna mission is governed by the provisions .....Tag this Judgment!
Court : Company Law Board CLB
Decided on : May-29-2000
Reported in : (2000)101CompCas412
..... as held in c. l. nye ltd., in re  3 wlr 158 (ca) stated supra and cannot be challenged before the company law board. i am, therefore, convinced that the petition under section 141 challenging the validity of the charge registered on july 22, 1999, by the ..... intimation of payment or satisfaction ; and (b) direction for rectification of mis-statement or omission, if any.12. section 141 empowers the company law board to order rectification of the omission or misstatement of particulars of any charge provided it was accidental or due to inadvertence or to some ..... created by the company in favour of the petitioner on april 7, 1998, by depositing certified copies of the title deeds is not valid in law. there has been no privity of contract between the petitioner and the second respondent. the petitioner cannot claim any remedy against this respondent.7. v ..... the court depending upon the facts and circumstances of each case. these are necessarily equitable considerations and may, in a given case, be superimposed on law. whether it would so done in a particular case cannot be put in the straitjacket of an inflexible formula.ii. rajahmundry electric supply corporation ltd. ..... e) revised forms nos. 8 and 13 were filed without payment of filing fee.3. srinivasan, while concluding his arguments, asserted that the company law board exercising its powers should order rectification of the register of charges by deleting the charge registered in favour of the second respondent on just and equitable .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-08-2000
..... well-considered views of expert observers. it was possible to live with the indeterminacy of skidmore deference in earlier times. but in an era when federal statutory law administered by federal agencies is pervasive, and when the ambiguities (intended or unintended) that those statutes contain are innumerable, totality-of-thecircumstances skidmore deference is a ..... above, the one test for chevron deference that the court enunciates is wonderfully imprecise: whether "congress delegated authority to the agency generally to make rules carrying the force of law, ... as by ... adjudication[,] notice-and-comment rulemaking, or ... some other [procedure] indicati[ng] comparable congressional intent." but even this description does not do justice ..... s authoritative interpretation, henceforth such an application can be set aside unless "it appears that congress delegated authority to the agency generally to make rules carrying the force of law," as by giving an agency "power to engage in adjudication or notice-and-comment rulemaking, or ... some other [procedure] indicati[ng] comparable congressional intent," and ..... intended to delegate particular interpretive authority to an agency, chevron is "inapplicable"). it is fair to assume generally that congress contemplates administrative action with the effect of law when it provides for a relatively formal administrative procedure tending to foster the fairness and deliberation that should underlie a pronouncement of such force.ll cf. smiley .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-16-2000
Reported in : 2001(2)BomCR492; (2001)ILLJ1198Bom
..... this court. the learned a.g.p. is right in his submissions that when this court decided the cases of khushal gaidhane and namdeo kalwale, the law laid down by the earlier division bench in the case of rambhau (supra) and machindra pandurang chavan v. state of maharashtra : (1989)iillj353bom was not ..... and this reasonable period could be about two to three months. the delinquent employee's direct approach to the tribunal or to a court of law challenging the suspension order should not be ordinarily entertained unless he has approached the competent authority by invoking the provisions of rule 4(5) of the ..... guidance of the officers and they do not create any vested right in favour of the suspended employees so as to approach a court of law or the tribunal and seek directions for reinstatement or for quashing and setting aside the suspension order when the suspension has been effected by invoking ..... from service imposed upon a government servant is set aside or declared or rendered void in consequence of, or by, a decision of a court of law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on ..... 1974 cannot be treated as a rule governing conditions of service namely suspension of government employee and was, therefore, not enforceable in a court of law. the circular under consideration not having been issued or made under any of the rules which have been repealed, it could not be said to be .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-09-2000
Reported in : 2001(1)AWC51; (2001)1UPLBEC114
..... was available in the college for being promoted in as much recourse to direct recruitment on ad hoc basis is permissible only if no qualified teacher is available for promotion. law in this regard is well settled in view of the full bench decision in radha raizada (supra), and the earlier division bench decision of this court in charu chandra tiwari ..... held by the regional deputy director of education, then appointment of the petitioner would be void in view of section 16 (2) of the act being in contravention of the law laid down by the full bench of this court in radha raizada's case, (1994) 3 uplbec 1551. the procedure for ad hoc appointment against the substantive vacancy was admittedly ..... with a direction to the regional deputy director of education, ivth region. allahabad to look into the grievances of the petitioner therein and dispose of her representation in accordance with law. consequent upon the said order, the regional deputy director of education, ivth region, allahabad after affording opportunity of hearing to the parties passed the impugned order dated 17.6.1996 .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-16-2000
Reported in : (2000)2UPLBEC1315
..... strictly in accordance with the directions in the aforesaid order. therefore, it was obligatory upon the dios to have examined her appointment in the light of the law laid down in km. radha raizada (supra). the order of the dios is completely silent in this regard. in fact he did not at all ..... the parties. therefore, it was absolutely necessary for the dios to have examined the validity of the appointment of the petitioner in the light of the law laid down in the case of kumari radha raizada (supra), which he did not do. sri khare has also urged that subsequently it has been held ..... with due approval by the appropriate authority in respect of any period which entitled the petitioner to the benefit of confirmation by virtue of the provisions of law applicable and respondent no. 2 will decide the matter within a period of two months from the date of production of a certified copy of this ..... regularisation. in the case in hand, it is admitted that the appellant has not been working in the institution after 31.3.86. generally a law relating to regularisation of services is enacted for the benefit of those who have been appointed de hors the rules or on short term basis but have ..... act and removal of difficulty order, 1982. it is noteworthy that in committee of management, arya kanya pathshala, kanpur v. sri kumar tiwari, 1997 allahabad law report 208 (sc), the apex court while considering the same provision namely section 33-b of the act held that a teacher continuing on the basis of a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-16-2000
Reported in : AIR2000SC1023; 2000CriLJ1444; 2000(1)CTC694; 2000(68)ECC209; (2000)2GLR1532; JT2000(2)SC230; RLW2000(2)SC213; 2000(1)SCALE660; (2000)3SCC409; 1SCR945
..... the interests of the nation above the individual liberty of the anti-social and dangerous elements who constitute a grave menace to society by their unlawful acts, the preventive detention laws have been made for effectively keeping out of circulation the detenus during a prescribed period by means of prevention (preventive) detention. the objective underlying preventive detention-cannot be ..... would not only be opposed to realities but would defeat the very purpose of preventive detention and would also lead to making a mockery of the prevention (preventive) detention laws enacted by the center or the states. with respect to the object and purpose of the preventive detention this court observed that:the entire scheme of preventive detention is ..... prisoner temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behavior; such a promise, a word of honour. black's law dictionary - sixth editionrelease from jail, prison or other confinement after actually serving part of sentence; conditional release from imprisonment which entitles parolee to serve remainder of his term outside ..... power being drastic, the restrictions placed on a person to preventively detain must, consistently with the effectiveness of detention, be minimal. in a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the state and/or maintenance of public order, must be strictly construed. this court, as the guardian .....Tag this Judgment!