Court : Rajasthan
Decided on : Jul-29-1997
Reported in : 1997(3)WLC258; 1997(2)WLN153
..... considered the case of the petitioner strictly in accordance with law and complied-with the mandatory requirement particularly the procedural fairness while holding disciplinary proceedings against the petitioner. all the authorities under the statute have passed the speaking and reasoned orders for not accepting the case of the petitioner ..... part of sound system of judicial review. reasoned decision is not only for the purpose of showing that the citizen is receiving justice but also a valid discipline for the tribunal itself. therefore, statement of reason is one of the essentials of justice.(emphasis added)16. in s.n. mukherji v ..... - course a must.9. the same view has been taken by the apex court in the cases of st. arunachalam pillai v. southern roadways ltd. and anr. : 3scr764 ; a.m. allison v. state of assam : (1957)illj472sc ; cantonment board ambala v. pyarelal : 1966crilj93 ; state of u.p. v. dr. anupam ..... the state or its instrumentality must not take any irrelevant or irrational factor into the consideration or appear arbitrary in its decision. 'duty to act fairly is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty, obligation ..... and ors. : air1991sc537 , the apex court has observed as under:every state action must be informed by reason and it follows that an act uninformed by reason is arbitrary. rule of law contemplates governance by laws and not by humour, whims or caprices of the men to whom the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-16-1997
Reported in : AIR1998P& H18; (1997)117PLR13
..... contained in the information brochure, the respondents were not justified in sending communication like annexure p-1 to candidates who submitted defective applications.17. validity or otherwise of the information brochure and its binding nature has to be examined by the generality of cases it covers and not by ..... 1 to other candidates. the following observation made by the judges of the supreme court of united states of america in united states v. raines, (1960) 362 us 17 (approved by the supreme court in state of gujarat v. shri ambica mills ltd . ahmedabad air 1974 sc 1300) applies ..... a party to the contract agreed to accept payment by cheque and the cheque was forwarded through post. supreme court took the view that post office acted as agent of the addressee. in indore malwa united mills ltd. v. commr. of income tax, air 1966 sc 1466 their lordships observed, ..... however, a unilateral decision. the candidates were totally helpless in the matter. by merely imposing this condition the respondents cannot avoid their responsibility to act fairly. a candidate who had sent his application form well in advance should not have been excluded from admission only on the ground that it ..... -supreme court in mannalal khetan v. kedar nath khetan, air 1977 sc 536. while dealing with the provisions contained in section 108 of the companies act which provided, 'a company shall not register a transfer of shares.....', their lordships stated, 'the wordsshall not register, are mandatory in character. the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-13-1997
..... official duties. hence court review in such circumstances could not interfere with, or distract from, official duties. insofar as a court orders a president, in any such a proceeding, to act or to refrain from action, it defines, or determines, or clarifies the legal scope of an official duty. by definition (if the order itself is lawful), it cannot ..... courts 7 (1994); annual report of the director of the administrative office of the united states courts 1960, supra, at 205; the time and expense associated with both discovery and trial have increased, see, e. g., bell, varner, & gottschalk, automatic disclosure in discoverythe rush ..... administrative office of the united states courts, statistical tables for the federal judiciary 27 (1995); annual report of the director of the administrative office of the united states courts-1960, p. 224 (1961); the number of federal district judges has increased from 233 to about 650, see administrative office of united states courts, judicial business of united states ..... citing comments of, among others, george washington, john quincy adams, benjamin harrison, theodore roosevelt, william howard taft, and woodrow wilson); h. finer, the presidency: crisis and regeneration 35-37 (1960) (citing similar remarks by a number of presidents, including james monroe, james k. polk, and harry truman). 26 l. johnson, the vantage point 425 (1971). 27the amendment sets forth, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-18-1997
..... in addition to will contests alleging fraud and undue influence, there were satellite civil suits including claims of slander and abuse of process. the principal proceedings were in the probate and the superior courts of cobb county, georgia. the estate attracted the attention of petitioner, the commissioner of internal revenue. ..... to resolve this case, perhaps with the hope of making sense out of the applicable law. but where the applicability-not to mention the validity-of that theory is far from clear, the temptation to make order out of chaos at any cost should be resisted, especially when the ..... 87 (ca5 1965); estate of street v. commis- 139 sioner, 974 f.2d 723 (ca6 1992); estate of roney, 33 t. c. 801 (1960), aff'd per curiam, 294 f.2d 774 (ca5 1961); reply brief for petitioner 15. justice scalia explains why the commissioner's interpretation is consistent with the ..... are of opinion that it cannot be done .... our opinion is not changed by the necessary exceptions to the general rule specifically made by the act." id., at 155. so the charitable deduction had to be valued based on the wife's probable life expectancy as of the date of ..... breyer, j., filed a dissenting opinion, post, p. 138. kent l. jones argued the cause for petitioner. with him on the briefs were solicitor general days, acting solicitor general dellinger, assistant attorney general argrett, deputy solicitor general wallace, jonathan s. cohen, and joan 1. oppenheimer. david d. aughtry argued the cause for respondent .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-23-1997
..... enforcement of the rate scheme. attempting to show the lack of necessity for federal intervention, young maintained the shareholders could wait until a state enforcement proceeding was brought against the railroads and then test the law's validity by raising constitutional defenses. the court rejected the argument, first because a single violation might not bring a prompt prosecution; and second because the ..... young. see florida dept. of state v. treasure salvors, inc., 458 u. s. 670 , 675676, and n. 5, 695-697 (1982) (opinion of stevens, j.) (officer suit may proceed where state officers are acting in violation of federal statutory law); see also larson, supra, at 698-699. the second difference from young is that this case turns on federal law governing passage ..... idaho in its sovereign capacity for the purpose of ensuring that it is used for the public benefit. poole v. olaveson, 82 idaho 496, 503, 356 p. 2d 61, 65 (1960). there are specific statutory provisions concerning lake coeur d' alene. the lake is held in trust by the governor for the people of the state of idaho. the "preservation of ..... . crowley filed a brief for the council of state governments et al. as amici curiae urging reversal. briefs of amicus curiae urging affirmance were filed for the united states by acting solicitor general dellinger, assistant attorney general schiffer, deputy solicitor general kneedler, jeffrey p. minear, anne s. almy, and edward j. shawaker; and for the american civil liberties union by robin .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-12-1997
..... collateral consequences sufficient to keep the controversy alive the possibility that the parole revocations would affect the individuals' "employment prospects, or the sentence imposed [upon them] in a future criminal proceeding." id., at 632. these "nonstatutory consequences" were dependent upon "[t]he discretionary decisions ... made by an employer or a sentencing judge," which are "not governed by the ..... to the defendant and likely to be redressed by a favorable judicial decision." lewis, supra, at 477. an incarcerated convict's (or a parolee's) challenge to the validity of his conviction always satisfies the case-orcontroversy requirement, because the incarceration (or the restriction imposed by the terms of the parole) constitutes a concrete injury, caused by the ..... morgan, 346 u. s. 502 (1954) (conviction had been used to increase petitioner's current sentence under state recidivist law); parker v. ellis, 362 u. s. 574, 576 (1960) (harlan, j., concurring) (since petitioner's other, unchallenged convictions took away the same civil rights as the conviction under challenge, the challenge was moot); ginsberg v. new york, 390 ..... petitioner in heck was an inmate with a direct appeal from his conviction pending, who brought a 1983 action for damages against state officials who were said to have acted unconstitutionally in arresting and prosecuting him. drawing an analogy to the tort of malicious prosecution, we ruled that an inmate's 1983 claim for damages was unavailable because he .....Tag this Judgment!
Court : Guwahati
Decided on : May-12-1997
Reported in : (1998)144CTR(Gau)626
..... speak of substantiating the basis on which the court can scrutinise the reasons. i have perused the reasons and i am satisfied that there are valid reasons to initiate the proceeding.10. this matter can be considered also on the basis of the decision in sto vs . uttareswari rice mills : 89itr6(sc) ..... also contended for the appellant that the ito should have communicated to him the reasons which led him to initiate the proceedings under s. 34 of the act. it was stated that a request to this effect was made by the appellant to the ito, but the ito declined to disclose the ..... the belief and are not extraneous or irrelevant to the purpose of the section. to this limited extent, the action of the ito in starting proceedings under s. 34 of the act is open to challenge in a court of law [see calcutta discount co. ltd. vs . ito : 41itr191(sc) .it was ..... they should be considered as having been earned by individuals. the supreme court held that it was earned by an aop.(3) cit vs. indira balkrishna : 39itr546(sc) the supreme court pointed out as follows :'it is enough for our purpose to refer to three decisions : in re b. n. elias : ..... saraf, learned counsel, argues that the writ applications are to be thrown out on the ground of existence of adequate alternative remedy. he submits that the act provides adequate, alternative, efficacious remedy and without resorting to them the petitioners cannot seek remedy in the writ forum. on the other hand, the learned advocate .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-18-1997
Reported in : (1997)63ITD195(Mum.)
..... instance of the revenue, the income-tax appellate tribunal has referred the following questions to this court under section 256(1) of the income-tax act, 1961, in a proceeding for the assessment year 1971-72 : "(1) whether, on the facts and in the circumstances of the case, the tribunal was correct ..... at purnea. the new partnership also obtained registration under the indian income-tax filed voluntary returns and it was separately assessed for the assessment year 1960-61 and thereafter.in the assessment year 1959-60 messrs prayagchand hanumanmal installed machinery of the value of rs. 5,80,055 in shri mahabir cold ..... partners in their capacity as individuals if they have taxable income, the appellant is separately registered under section 26a of the 1822 act and assessed to tax from the assessment year 1960-61 and onwards. there is no reconstitution of the original firm, prayagchand hanumanmal, inducting periwal and co. (p.) ltd. as ..... its partner thus, it is not a successor-in-interest of the old firm as per the provisions of the act.the question then is whether ..... is sufficient compliance that the asset is owned by the assessee and is used by it in its business of hiring or leasing. if we proceed on the basis that the hiring leads to otherwise transferred then, on every occasion a person hires a taxi, it must be deemed to have .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-18-1997
..... local utilities' singular role in serving it, and hence to treat marketers and ldc's as dissimilar for present purposes. first and most important, we must recognize an obligation to proceed cautiously lest we imperil the delivery by regulated ldc's of bundled gas to the noncompetitive captive market. second, as a court we lack the expertness and the institutional resources ..... ferc, 883 f.2d 117 ,121-122 (cadc 1989), cert. denied, 494 u. s. 1079 (1990). we express no view on the correctness of these decisions. 307 440, 443-444 (1960) (quoting sherlock v. alling, 93 u. s. 99 , 103 (1876)). just so may health and safety considerations be weighed in the process of deciding the threshold question whether the conditions ..... the one before us "call[s] for congressional investigation, consideration, and action. the constitution gives that branch of government the power to regulate commerce among the states, and until it acts i think we should enter the field with extreme caution." northwest airlines, inc. v. minnesota, 322 u. s. 292 , 302 (1944) (concurring opinion). this conclusion applies a fortiori here, ..... taken over. cf. prudential ins. co. v. benjamin, 328 u. s. 408 [(1946) (upholding discriminatory state taxation of out-of-state insurance companies as authorized 293 by the mccarran act)]." panhandle-indiana, supra, at 521. and congress once again acknowledged the important role of the states in regulating intrastate transportation and distribution of natural gas in 1953 when, in the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-11-1997
Reported in : 1997(3)CTC134
..... the order passed ex parte for investigation by cbi. without affording any hearing on that aspect is one which calls for review in these proceedings.33. on this aspect, the learned senior counsel appearing for mrl. submitted as under:the petitioners have completely misconstrued the nature and jurisdiction exercised ..... sc 1909 and s.l. hegde v. m.b.tirumale : 1scr890 were considered, has held that the review proceedings cannot be considered as an appeal on the judgment of the same bench and this court in review proceedings cannot act as a court of appeal. that apart, the supreme court in ..... and the same cannot be equated in their ambit and scope to an appeal or rehearing. in review proceedings under order 47, rule 1, c.p.c. the court should not act as court of appeal and reappreciate the entire case. according to the provisions contained in order 47, rule ..... aribam tuleshwar sharma v. aribam pishak sharma : 1979crilj908 and this court in chockalingam chettiar v. chidambaram pillai : (1960)2mlj327 have taken the view that the term for ..... kumari choudary : air1995sc455 ; sathyanarayan l. hedge v. mallikarjun bhavanappu tirumale : 1scr890 and thungabadra industries ltd. v. govt. of andhra pradesh air 1964 sc 1374. 11. the learned senior counsel then submitted that the review proceedings cannot be equated to an appeal or rehearing because the scope and ambit of .....Tag this Judgment!