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Nov 19 2008 (HC)

Rayala Corporation Pvt. Ltd. Vs. the Commissioner of Income Tax

Court : Chennai

Reported in : [2009]311ITR1(Mad); [2009]179TAXMAN300(Mad)

..... filing writ petitions before this court, which were ultimately dismissed directing the appellant to file the revision petitions. as, in the meantime, the period of limitation prescribed under sub-section (3) of section 264 was over, this court taking into consideration of the fact that the assessee should not be deprived of ..... by this hon'ble court.3. i state that the respondent required a clarification to be obtained from the hon'ble high court regarding the prescribed limitation stated in the order for filing petition under section 264 of the income tax act. i further state that accordingly w.m.p. nos. 15409 ..... by the petitioner under section 264 of the income tax act, 1961 within one month from the date without raising any objection as to the limitation. further, this hon'ble high court has also directed the commissioner to consider the petition on merit in the light of the judgment of this ..... revisional authority should consider the revision petitions on merit in the event they are filed within the said period without raising any objection as to the limitation. only in view of the period prescribed by this court, the revisional authority, though had power to entertain the revision petitions even beyond a ..... section 264 of the act by the petitioner, if the application is filed within one month from the date without raising any objection as to limitation and the commissioner is directed to consider the said petition on merits and in the light of my judgment of even date rendered in w.p .....

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Apr 16 2009 (HC)

Esquire Shipping and Trading Pvt. Ltd. a Company Incorporated Under th ...

Court : Mumbai

Reported in : 2009(4)BomCR176

..... by the learned counsel for the petitioner that they were very wide and no period of limitation is prescribed for approaching this court under article 226 of the constitution of india. it is true that for approaching this court under article 226 of the constitution of india, period of limitation is not prescribed but the question which requires consideration is as to whether this court can ..... petitioner has allowed its claim to become time barred by not approaching the appropriate court within the prescribed period of limitation, it is not entitled to any relief from this court in its extraordinary jurisdiction under article 226 of the constitution of india.14. considering the aforesaid aspect of the matter, we are of the opinion that if a party allows the ..... period of limitation prescribed under the act to lapse it should not ordinarily be allowed to say that the petition should be ..... acts, that act cannot be declared unconstitutional on that ground. in our view, ordinarily though period of limitation is not prescribed for filing a writ petition, this court would be slow in exercising its extraordinary jurisdiction under article 226 of the constitution of india to entertain a claim which is otherwise time barred. the petitioner in the instant case has failed to .....

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Sep 05 2003 (HC)

P.B. Enterprises, Engineers and Contractors Vs. Eastern Coalfields Ltd ...

Court : Jharkhand

Reported in : AIR2004Jhar71; 2004(2)ARBLR171(Jhar); [2003(4)JCR596(Jhr)]

..... . v. gokulananda jena, 2003 (6) scc 465, the apex court held that a writ petition under article 226 of the constitution of india is maintainable as against the order made by the designated judge under section 11(6) of the act on limited grounds.5. it is not in dispute that on 12.2.1996 the petitioner sent letter to the deputy chief ..... acts/rules/orders: arbitration and conciliation act, 1996 - section 11(6); limitation act, 1963 - schedule - constitution of india - article 137cases referred: konkan railways corporation limited v. rani construction p. ltd., 2002 (2) scc 388; state of orissa and ors. v .gokulananda jena, 2003 (6) scc 465disposition: petition dismissedorder1. the eastern coalfields limited terminated the work order given to m/s. p.b. enterprises in march, 1990 ..... in question on for reference of disputes to the arbitrator. the petition for appointment of arbitrator was filed on 12.10.1999, i.e. clearly beyond the prescribed period of limitation. the petition accordingly being time barred is dismissed.'3. the petitioner has challenged the said order dated 8.6.2001 in the present writ petition.4. in konkan railways corporation ..... engineer 'c' rajmahal area of the eastern coalfields limited stating therein that the decision to terminate the contract in question and .....

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Apr 03 2008 (SC)

Hemani Malhotra Vs. High Court of Delhi

Court : Supreme Court of India

Reported in : AIR2008SC2103; 106(2008)CLT368; 149(2008)DLT410(SC); [2008(117)FLR1038]; JT2008(4)SC640; 2008(4)SCALE645; (2008)7SCC11; 2008AIRSCW3205; 2008LABIC2337; 2008(2)Supreme890

..... two parts. part i shall be objective and part ii shall be descriptive. syllabus for written examination shall comprise general knowledge, current affairs, english language and topics on constitution of india, evidence act, limitation act, code of civil procedure, criminal procedure code, indian penal code, contract act, partnership act, principles governing arbitration law, specific relief act, hindu marriage act, hindu succession act ..... also as selected candidates for appointment to the posts in question. under the circumstances the petitioners have invoked extra ordinary jurisdiction of this court under article 32 of the constitution and claimed the reliefs to which reference is made earlier.6. on service of notice, mr. ramesh chand, deputy registrar, delhi high court has filed reply affidavit ..... that the vive-voce test shall carry 50 marks and there shall be no cut off marks in vive-voce test.- this court notices that in all-india judges association and ors. v. union of india and ors. : [2002]2scr712 , subject to the various modifications indicated in the said decision, the other recommendations of the shetty commission (supra) ..... for the respondent. while deciding the case of k.manjusree (supra) the court noticed the decisions in (1) p.k. ramachandra iyer v. union of india : (1984)illj314sc ; (2) umesh chandra shukla v. union of india : air1985sc1351 ; and (3) durgacharan misra v. state of orissa : [1987]3scr1097 , and has thereafter laid down the proposition of law which is quoted .....

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Dec 18 2008 (SC)

Mohan MeakIn Ltd. Vs. State of H.P. and ors.

Court : Supreme Court of India

Reported in : JT2009(1)SC599; 2009(1)SCALE510; (2009)3SCC157; 2009(2)ShimLC88; 2008(1)LC167(SC):2009AIRSCW1782

..... having regard to entry 42, list i of the seventh schedule of the constitution of india would, thus, be limited. its power to impose compensatory tax and/ or fee would also be limited as envisaged by article 304(b) of the constitution of india.22. the state has not made any distinction between import/ export of ..... binding decisions of this court in synthetics and chemicals ltd. (supra), it is axiomatic that the provisions of article 301 of the constitution of india shall apply in relation to inter-state trade. the state's power to exercise control of inter- state transport which is within the exclusive ..... industrial alcohol which is produced in an industry controlled and regulated in terms of entry 52, list i of the seventh schedule of the constitution of india. if manufacture and transport of industrial alcohol and/ or malt spirit of over proof strength is not res extra commercium in view of the ..... of matters which are covered thereby. industrial alcohol or spirit having regard to entry 52 of list i of the seventh schedule of the constitution of india cannot be subject matter of any regulation or control by the state; it being not alcoholic liquor for human consumption.the question is well ..... spirit and potable its letter dated 28.10.1997, it was stated:whereas you have imported/ transported 4,46,880.00 pls of spirit from r.b.l. mehatpur and mohan meakin limited, mohan nagar .....

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Mar 11 2004 (HC)

Alakh Sinha Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 2005(1)MPHT124; 2004(3)MPLJ505

..... delinquent employee if, that penalty, shocks the conscience of the court.27. the jurisdiction of the high court under article 226 of the constitution of india is limited and confined to the applicability of one or other of the well-known principles known as wednesbury principles. lord greene in the wednesbury case ..... and that any penalty disproportionate to the gravity of the misconduct would be violative of art. 14 of the constitution.'the point to note and emphasise is that all powers have legal the present case the punishment is so strikingly disproportionate as to call for and justify interference. it ..... adequacy or even reliability of that evidence is not a matter for canvassing before the high court in a writ petition under article 226 of the constitution of india is the law laid down by the apex court in high court of judicature at bombay v. shashikant s. patil, (2000) 1 scc 416 ..... submitted that the penalty of removal is disproportionate to the gravity of the alleged misconduct and as such it is violative of article 14 of the constitution of india. proposed punishment was not intimated. passing of judicial order can not be misconduct. finding the car was purchased for rs. 80,000/- is ..... not precluded from taking disciplinary action against respondent k.k. dhawan. the observations in v.d. trivedi v. union of india, (1993) 2 scc 55 were explained and limited and it was held that same may not be construed as laying down the law that in no case disciplinary action could .....

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Aug 04 1987 (HC)

Ramesh B Desai and Others Vs. Union of India and Others

Court : Delhi

Reported in : [1990]69CompCas33(Delhi)

..... provided he is acting bonafide and he can certainly challenge the decision in court by way of a petition under article 226 of the constitution of india on the limited ground mentioned above and if justice of the case requires, the court will issue a writ. 36. thereforee, even though the order ..... strengthened the case of the applicant company. 48. now, it is well-settled that the court, while exercising jurisdiction under article 226 of the constitution of india, would be slow to interfere with an executive decision relating to economic matters and must allow certain freedom to the executive. thereforee, i do not ..... has the locus standi to file a petition and challenge the order by way of a petition under article 226 of the constitution of india, he has also a right to know the reason. reliance was placed by learned counsel on the judgment of the gujarat high court dated ..... shareholders' right to object and the existence of a 'lie' inasmuch as the court in exercise of its power under article 226 of the constitution of india interfere not only where reasons are not given but also where reasons are unsatisfactory and considering the objective of the enactment, since a shareholder ..... 3. this order of the company law board has been challenged by the petitioners in this writ petition under articles 226 and 227 of the constitution of india. 4. the validity and legality of the impugned order will, to a large extent, depend on the nature of jurisdiction exercised and the .....

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Jun 01 2000 (HC)

Kerala Vyapari Vavasayi Ekopana Samithi, Ottappalam and anr. Vs. State ...

Court : Kerala

Reported in : AIR2000Ker389

..... and partly public. the vehicles could not be taken out when the workers of the industry are on strike, the high court acting under article 226 of the constitution of india has its own limitations in dealing with mass actions like hartal. it is denied that hartals are called in season and out of season. if motor vehicles could not be taken out ..... 226 of the constitution of india, this court cannot issue a direction to the election commission to consider the question of cancelling the registration given to a political party for violation of the conditions laid down ..... commission.19. in k. venkitachalam v. a. swamickan, air 1999 sc 1723 the supreme court has indicated the scope of jurisdiction of the court under article 226 of the constitution of india even in matters relating to election and covered by the representation of the people act, 1951. it is therefore futile for the respondents to contend that exercising jurisdiction under article ..... these unconstitutional methods. these methods are nothing but the grammar of anarchy and the sooner they are abandoned, the better for us'. (see page 943 of the framing of india's constitution select documents vol. 4 under the chairmanship of b. shiva rao)surely, indulging in destruction of public and private property and causing loss of production and holding the society to .....

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Sep 10 1996 (HC)

Dr. S.D. Kapoor Vs. the Chancellor, Jai NaraIn Vyas University and ors ...

Court : Rajasthan

Reported in : AIR1997Raj217; 1997(1)WLC218; 1996(2)WLN328

..... informations disclosed, no reasonable man could have arrived to a conclusion at which the authority has arrived.50. it is well to remember that jurisdictionunder article 226 of constitution of india is very limited. this court cannot afford to act as an appellate or revisional court and as such has no justification to examine meticulously the information on basis of which an ..... court reiterated the majority view taken in the case of moti ram deka (supra).27. the pleasure doctrine again came up for consideration before a constitutional bench of supreme court in the case of union of india v. tulsi ram patel reported in air 1985 sc 1416 : (1985 lab ic 1393) by that time article 311(2) was drastically amended by ..... features of pleasure doctrine and theory based on subjective satisfaction in following paragraphs.33. the expression discretionary power in administrative law is in process of evolution. at one hand constitutional functionaries, statutory functionaries and other executive officers are asserting unfettered discretion in the garb of either pleasure doctrine or under theory based on subjective satisfaction while on the other hand ..... of hearing and to pass a speaking order. the aforesaid question of principle of natural justice came up for consideration before the constitutional bench of hon'ble supreme court in the case of smt. mancku gandhi v. union of india reported in air 1978 sc 597 where in penultimate paragraph 58. it was ruled which reads thus :--'the inquiry must, therefore, .....

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Jan 21 2008 (HC)

Rakesh Bhandari (Dr.) Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2008(3)Raj1963

..... review under article 226 of the constitution of india is limited to the extent of seeing fairness or non-arbitrariness in decision making process of the state authorities or the authorities of a government company, like bpcl, but if the facts ..... stare in the face and point out to the glaring discrimination or exercise of discretion by such authorities in arbitrary and whimsical manner, even within the aforesaid limited scope under article 226 of the constitution of india, this court can interfere in such cases and look into the record at the instance of the petitioner and find out whether the decision making process ..... the award of more marks to respondent no. 3 for extraneous reasons and has only questioned the fairness of decision making process in the limited scope available to the petitioner under article 226 of the constitution of india. thus, burden of showing fairness of such decision making process and prima facie satisfying the court by justification of award of marks in particular ..... of arguments.10. though it is well settled that scope of interference in the award of government contracts in article 226 of the constitution of india enabling this court to have judicial review of such matters is very very limited and this court cannot sit as an appellate court or. reviewing authority or the selection committee itself and the scope of judicial .....

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