Court : Supreme Court of India
Decided on : May-12-2000
Reported in : (2000)160CTR(SC)492; 110TAXMAN338(SC)
..... there is no statutory definition of 'plant' for the purpose of section 41 of the finance act, 1971, from a series of cases decided, following principles emerge to be settled law.'(i) something which is properly to be regarded as part of the setting in which a business is carried on and not as part of the apparatus used for carrying ..... act, 1961 (hereinafter referred to as 'the act). and also to decide whether time has come to have a fresh look at the old precedents and to lay down the law with the changed perceptions keeping in view the provisions of the act? further, to what extent are we required to follow and adopt artificial and largely judge-made sense of .....Tag this Judgment!
Court : Chennai
Decided on : Dec-02-2000
Reported in : (2001)1MLJ335
..... any right under any law including the provisions of the tamil nadu city tenants protection act, if it is held to be applicable. so it cannot be said that in the earlier proceedings, this court ..... . as and when the fair rent is fixed, liberty has been given to the petitioners therein, who are the petitioners herein, to vindicate their rights in the manner known to law before the appropriate forum or the court, if they are aggrieved against the determination of fair rent. liberty was given to the first respondent herein at the stage to claim ..... , and notice of termination was also served. under the circumstances we are of the view that the contention of the learned senior counsel for the appellant that the proposition of law, laid down by the hon'ble supreme court in the above cited case, will squarely cover the case on hand, has some force.13. so, the first respondent is not .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-2000
Reported in : 2000(3)CTC487; 85(2000)DLT367(SC); 243ITR730(SC); JT2000(5)SC469; 2000(4)SCALE351; (2000)5SCC552
..... because the time during which this had t6 be done has since expired. since the appropriate authority failed to exercise the jurisdiction vested in it by law, and because we are proposing to set aside the order dated 24.6.1994, no purpose would be served by sending the matter back to the ..... 269ua of the act. then the high court went on to hold as under:after having, thus, found that the appropriate authority acted in violation of law and beyond the jurisdiction vested in it, we have no hesitation in holding that it has lost the right to adjudicate upon the issue of the ..... set aside the orders of the appropriate authority. it directed that the appropriate authority shall take decisions afresh in each of the cases in accordance with law and consistently with the principles stated in the judgment which may be done within a period of three months. since we have not agreed with ..... least four months before the intended date of transfer. this is so notwithstanding anything contained in the transfer of property act, 1882 or in any other law. this agreement for transfer is now required to be reduced in writing in the form of a statement by both the parties. the statement is ..... judgment allowed the petitions, set aside the orders of the appropriate authority and requiring it to take fresh decision in each of the cases in accordance with law and keeping in view the principles laid by the high court in its judgment. aggrieved appropriate authority has filed 11 appeals. m/s. dlf universal ltd. .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-28-2000
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... by winfield as 'a principle of judicial legislation or interpretation founded on the current needs of the community' (see percy h. winfield', 'public policy' in english common law,' 42 harvard law rev. 76). now, this would show that the interests of the whole public must be taken into account; but it leads in practice to the paradox that in ..... , which is not required to be compulsorily registrable is executed and not offered for registration shall remain operative and valid, authority exercisable under it shall depend on ordinary law of proving the execution of document and its genuiness, notwithstanding it is for a period exceeding the period mentioned in the notification and notwitstanding it has been executed in ..... registered which is compulsorily registrable. likewise such completion of modulities will by itself not make the transaction valid or conducive to public policy, if it is otherwise opposed to law.52. if a document is compulsorily registrable and not registered, the document and transaction contained therein will remain inoperative, and the document itself inadmissible in evidence to establish ..... or not, on presentation, is not a legislation dealing with substantive provisions dealing with rights of the persons. the fact that non-registration of a document which under law is compulsorily registrable results in consequences having the effect on admissibility of such document in evidence as proof of such transactions or renders the transaction incomplete, cannot inhere in .....Tag this Judgment!
Court : Patna
Decided on : Nov-24-2000
..... competent authority, the condition of probation of two years should not have been incorporated in the letter of appointment, and (b) in any event, the respondents were not justified in law to terminate the services of the appellant during the period of probation and that too without getting approval of the council of ministers. 4. mr. sinha, learned senior counsel, appearing ..... contended that an employee who is appointed on probation can be terminated at any moment, if his/her performance is not found satisfactory. in view of well-settled principle of law, an employee, who is appointed on probation, does not acquire any legal right to continue unless confirmed. that apart, from a bare reference to the impugned order, it would appear ..... -1 : and union of india and ors. v. chander pal, air 1987 sc 1334 : 1987 (supp.) scc 41. from a bare perusal of the abovementioned decisions, it would appear the law relating to appointment on probation is well-settled. an employee who gets appointment on probation continued to be on probation. period of probation is to judge the performance of such .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-14-2000
Reported in : (2001)(73)ECC196
1. this appeal has been preferred by the revenue against the impugned order in appeal dated 11-10-1999 passed by the commissioner (appeals) vide which he had reversed the order in original dated 4-12-1997 confirming the duty demand of rs. 85,771/- and imposing penalty of rs. 2000/- on the respondents.3. the respondents are engaged in the manufacture of sewing thread.they were also found to had manufactured wax washers from the duty paid paraffin wax procured form the market in their premises valued at rs. 4,86,286.27 during the period october 1992 to february 1994 falling under sub-heading 9602.00 of the ceta and captively used the same without payment of excise duty amounting to rs. 85,771/-. they were accordingly served with a show cause notice dated 13-10-1995 vide which they were called upon to pay the duty amount and penalty was also proposed to be imposed on them. they, however, contested the correctness of that notice by alleging that they only melted the duty paid paraffin wax after purchasing from the market and put the same in the moulds to prepare washers for using in the winding machine for waxing the sewing thread and as such no process of manufacture was involved therein. they denied their liability to pay the duty on the wax washers. the assistant commissioner, however, did not agree with their version and confirmed the duty demand of rs. 85,771/- and also imposed penalty of rs. 2000/- on them through the order in original dated 4-12-1997. this order of the .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-07-2000
Reported in : ILR2000KAR4134; 2001(1)KarLJ364
..... evolved - vide national building construction corporation v s. raghunathan.40. the doctrine of legitimate expectation is also a principle which has its genesis in the field of administrative law and has no relevance while examining the legislative power of the state. it cannot be used to challenge the legislative power of the state or to challenge any legislation - ..... such a provision, would be invalid, as it is hit by the doctrines of promissory estoppel and legitimate expectation.37. promissory estoppel is a doctrine applicable to administrative law and administrative action. it is not available as a ground to challenge legislations. the doctrine of promissory estoppel has been explained in motilal padampat sugar mills company limited v ..... ) whether bda should be directed not to forcibly dispossess the petitioners with a further direction not to demolish the structures put up by the petitioners, otherwise than in accordance with law.point (i) - validity of ordinance 4 of 2000:16. bangalore development authority act, 1976 was amended by bangalore development (amendment) act, 1999 (karnataka act 1 of 2000), ..... years and perfected title by adverse possession; that others are in settled possession; and therefore they cannot be forcibly dispossessed and their buildings cannot be demolished without recourse to law. 11. hence, petitioners have filed these petitions seeking the following reliefs:(i) a direction to bda to send a proposal to state government seeking approval to sell the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-25-2000
Reported in : 2000(4)ALD510; 2000(4)ALT402
..... in awarding the contract to the 5th respondent after carefully perusing the original records placed before us at the time of hearing.19. the law relating to award of contracts by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been well settled ..... this contention also'.from the above observation, it cannot be said that whenever a fresh or revised tender notification is issued, by force of law, the earlier tender notification stands rescinded/cancelled. the allahabad high court has not laid down any general principle which could be applied to eachand every ..... formalities prescribed by article 299 of the constitution, the contractual liability of the state is the same as that of an individual under the ordinary law of contract. article 299 of the constitution only lays down the formalities which must be complied with in order to bind the government with ..... india which conjointly govern the government contracts.11. though a government contract is a species of the genus contract and is governed by the same law of contract, i.e., the indian contract act, yet it is a thing apart, a class by itself, calling for special and distinct ..... standing counsel would submit that there is total lack of pleading and proof to bring home the charge of malice-in-fact or malice-in-law against the respondent authorities. the learned standing counsel would maintain that the action of the official respondents in awarding the subject contract to 5th .....Tag this Judgment!
Court : Orissa
Decided on : Aug-10-2000
Reported in : AIR2001Ori1; 2000(II)OLR367
..... other proceeding in respect of matters or disputes for determining or deciding which provision is made in the said act shall be instituted in any court of law, except under and in conformity with the provisions of this act. section 14 as such was not attracted when the suit was filed in the year ..... this court while decreeing the suit observed that although the appellant has no right to continue in possession, he can only be evicted in due course of law. in the circumstances, the judgment of this court in second appeal no. 287 of 1977 is of no assistance. 7. it may be seen that ..... court in second appeal no. 237 of 1977 in which it was observed that the respondent cannot evict the appellant save and except in due course of law. the aforesaid second appeal arose out of title suit no. 43 of 1974 filed by the appellant for permanent injunction against the respondent which was dismissed ..... decreed in the second appeal restraining the respondent from interfering with his possession so long as he was not evicted from the suit land in due course of law. 4. five witnesses were examined on behalf of the respondent. documents (exts. 1 to 9) were also filed in its behalf. the appellant examined three ..... decrees of both the courts decreed the suit making it clear that the respondent would not interfere with his possession without evicting him in due process of law. accordingly, the present suit out of which this appeal arises was filed. 3. the case of the appellant was that thelease did not expire on .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-24-2000
Reported in : 2000(3)AWC2202; (2000)3UPLBEC2630
..... her appointment was notified. thus, it became effective and final appointment and there accrued a right in her favour which appointment could be cancelled only in accordance with law. the cancellation of appointment entails civil consequences as it affects her civil right to work as member of district forum on the basis of her appointment. the cancellation ..... recommendation of the selection committee, cannot be prevented from functioning as member by simply cancelling her appointment unless the same is cancelled by the state government in accordance with law. a member of district forum may resign in writing as contemplated in proviso-2 to sub-section (2) of section 10 of consumer protection act. 1986 or ..... of a selection committee consisting of the following, namely : (i) the president of the state commission ... chairman(ii) secretary. law department of the state ... member(iii) secretary in charge of the department dealing with consumer affairs in the state ... member (2) every member of the district forum shall hold ..... shall be its president ; (b) two other members, whoshall be persons ofability, integrity andstanding, and haveadequate knowledge orexperience of, or haveshown capacity in dealingwith, problems relating toeconomics, law,commerce, accountancy,industry, public affairs oradministration, one ofwhom shall be a woman. (1a) every appointment under sub-section (1) shall be made by the state government on the recommendation .....Tag this Judgment!