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1984 (5) TMI 272
... ... ... ... ..... the case are also not within the territorial limits of the jurisdiction of this Court, this application does not satisfy the requirements provided under Sub-article (1) as well as Sub-article (2) of Article 226 of the Constitution of India and therefore, this application, in my opinion, is not maintainable in this jurisdiction. The application for variation of the interim order, therefore, succeeds. The interim order is vacated and the Rule is discharged and the application for contempt which has been filed is also dispose....... + More
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1984 (5) TMI 271
... ... ... ... ..... stitutional perspective demands that considerations of populism are not allowed to obstruct the path of duty. We, therefore, cannot take a lenient or indulgent view of this matter. the day must be dreaded when a Judge' cannot work with independence by reason of the fear that a disgruntled member of the Bar can publicly humiliate him and heap disgrace on him with impunity, if any of his orders, or the decision rendered by him, displeases any of the Advocates appearing in the matter. 12. We firmly believe that considerat....... + More
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1984 (5) TMI 270
... ... ... ... ..... TO should deal with the same and if possible find some rebutting material, but in a case of this type, i.e. the date of birth, which is personal matter, the certificate of New Delhi Municipal Committee plus the affidavit of the father should be sufficient. 7. There is an intriguing point inasmuch as the mother gave the date of birth as December, 1949 and the father gave the date of birth as January, 1949. We feel that there was some mistake in the affidavit of the mother, which may be typographical because we cannot imagin....... + More
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1984 (5) TMI 269
... ... ... ... ..... tive effect from such dates and if necessary, supernumerary posts in the grades of Superintending Engineers and Chief Engineers shall be created for the purpose of accommodating them and all arrears of salary and allowances shall be paid to them on the basis of such retrospective promotions. We may make it clear that those Assistant Executive Engineers who have been promoted as Superintending Engineers or Chief Engineers upto the date of this judgment shall not, on account of revised seniority in the grade of Executive Eng....... + More
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1984 (5) TMI 268
... ... ... ... ..... n of the Court the sentence of fine will not meet the ends of justice and that a sentence of imprisonment is necessary, then, the Court may direct detaining the contemner in civil prison for a period not exceeding six months. 21. We hold that the respondent is guilty of contempt of Court for willful breach of the undertaking to surrender vacant possession of the premises in dispute within 15 days of the dismissal of L.P.A. 102/69. We direct the contemner to pay a fine of ₹ 2,000/- Fine alone does not meet the ends of....... + More
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1984 (5) TMI 267
... ... ... ... ..... in the same judgment, even if my interpretation of the definition is incorrect that timber comes within the meaning of agricultural produce, that a judicial enquiry of the item whether it comes within the agricultural produce or not is out of question. 9. Mr. Maloo, however, contended that no judicial enquiry is needed, because in the Notification itself the timber used for building purposes is stated to be a forest produce I have said that the definition as herein before stated quite clearly may be read in the four Sub-he....... + More
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1984 (5) TMI 266
... ... ... ... ..... h an order remanding the matter to the authority directed to investigate facts. The Industrial Court had made an order of remand. The High Court was not justified in interfering with the same. By this uncalled for interference, it has merely prolonged the agony of the unemployed workmen and permitted the jurisdiction of the High Court under Act. 226 to be exploited by those who can well afford to wait to the deteriment of those who can ill afford to wait by dragging the latter from court to court for adjudication of periph....... + More
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1984 (5) TMI 265
... ... ... ... ..... he learned Judge could entertain a Special Civil Application against a decree passed by a subordinate court when the procedural law allows an appeal against it and that appeal lies to the High Court itself. It must be realised that the jurisdiction under Art. 227 of the Constitution is an extraordinary jurisdiction which is to be exercised sparingly and in appropriate cases and it is not to be exercised as if it were an appellate jurisdiction or as if it gave unfettered and unrestricted power to the High Court to do whatev....... + More
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1984 (5) TMI 264
... ... ... ... ..... ry on the part of the Central Government to consider a second representation for revocation under s. 14. We may profitably refer to Phillippa Anne Duke s case, supra, where in somewhat similar circumstances it was held that failure of the Central Government to consider a representation for revocation of an order of detention under s. 11(1)(b) of the COFEPOSA Act handed over to t he Prime Minister during her visit to England did not render the continued detention invalid. It was observed Representations from whatever source....... + More
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1984 (5) TMI 263
... ... ... ... ..... The respondents were bound to pay the defaulted instalment on the due date but without complying with the notice of demand moved the High Court under Art. 226 of the Constitution challenging the demand on the ground that the licence fee partakes of the nature on an excise duty. As already stated, the High Court following its decision in Kanhiya Lal's case struck down the notice of demand. The result has been that the respondents enjoyed the privilege of retail vend of country liquor, Butana for the entire period withou....... + More
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1984 (5) TMI 262
... ... ... ... ..... e operation merely because it was applied in 1974 to Subash Chander who had joined the M.B.B.S. course in 1965 when the rule regarding award of grace marks was different. In these circumstances, we affirm the view of D.K. Mahajan and P.C. Jain, JJ. expressed in the Division Bench judgment in Sewa Ram v. Kurukshetra University (Supra) and disapprove the view taken by the learned Judges of the Full Bench in the decision under appeal in this case and hold that the University was right in holding that Subash Chander, responden....... + More
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1984 (5) TMI 261
... ... ... ... ..... question on the basis of the PWD rates. Thereafter the case will be decided afresh on the point of determination of the cost of construction. 5. The last objection of the revenue is that unexplained investment was not correctly apportioned by the Commissioner (Appeals). Shri Saxena argues that as per the assessee, total investment made during the assessment years 1974-75 and 1975-76 was ₹ 25,000 and ₹ 15,000, respectively, and the balance was made during the assessment year 1976-77. He, therefore, argues that w....... + More
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1984 (5) TMI 260
... ... ... ... ..... to salary for the period he was employed with M/s KDR Woollen Mills. Even for the rest of the period, the conduct of the appellant cannot be said to be entirely in consonance with corporate culture. As a highly placed officer he was bound to strengthen the corporate culture and he should have acted within the spirit of the regulations both for house building advance and conveyance advance, which are devised to help the employees. There has been lapse in totally complying with these regulations by the appellant though it ne....... + More
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1984 (5) TMI 259
... ... ... ... ..... erm in order to be understood. But that does not mean that the-generic term is not applicable to the article for which there is a specific term. For instance Item 33C covers Domestic Electrical Appliances, not elsewhere specified . An electric shaver, a hair dryer, a toaster, and a hot plate are all domestic electrical appliances which clearly fall within the scope of this item. At the same time if one goes to a shop and asks for a domestic electrical Appliance , it is obvious that one would not be shown the shaver, hair d....... + More
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1984 (5) TMI 258
... ... ... ... ..... nder protest on 13-5-1975, it is reasonable to hold that the dispute remained unsettled. The Superintendent s indirect communication of the A.C. having approved the classification list was hardly an Order-in-Original; a reply to the protest made to the Collector; or an appealable order,. as the department would have us believe. In that view of the matter, the protest would be technically still alive and there would be no question of any time-bar. In these circumstances, it would be neither legal nor proper to hold that the....... + More
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1984 (5) TMI 257
... ... ... ... ..... as already pointed out, two items have already been held by the Tribunal to be Computer sub-systems and peripherals. About the remaining three items the question whether they are computer peripherals or sub-systems is primarily a question of fact. There would appear no good reason for not accepting the concession or admission made by the respondent that use of the expression sub-system in the two earlier notifications and peripherals in the third notification was intended to convey the same meaning. In view of this concess....... + More
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1984 (5) TMI 256
... ... ... ... ..... . From the rulings cited it appears that each process suffers the original commodity to experience a change. But it is only when the change or a series of changes takes the commodity to the point, where commercially it can no longer are regarded as the original commodity, and is recognised as a new and distinct article, that a manufacture can be said to take place. 13. As laid down in the case reported in 32 STC 326, the question is as to when a commodity loses its essential character of the raw material or semifinished ma....... + More
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1984 (5) TMI 255
... ... ... ... ..... nging and regulating the voltage from sub-transmission to primary distribution. To our mind, the line between transmission and distribution is blurred and the Department has not shown where transmission ends and distribution begins. Further, if Heading 85.18/27 (7) was intended to cover only suspended type of insulators and not the bushing type as contended by the Department, this would have been specifically stipulated. There may be a unit which both generates power and distributes it. For instance, the Delhi Electric Sup....... + More
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1984 (5) TMI 254
... ... ... ... ..... quo;s letter on which the Assistant Collector took decision dated 8-5-1979. 7. At one stage, the learned Counsel for the respondents was agreeable to this relief with qualification that benefit of job work Notification for the earlier period should be given to the respondent but later he retracted this concession. We have mentioned this argument only to reject the same, on the ground that this argument before us is premature. The Collector of Central Excise (Appeals), Bombay allowed the appeal with consequential relief whi....... + More
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1984 (5) TMI 253
... ... ... ... ..... y and is, therefore, not goods . Hence it cannot be subjected to the levy under section 3 of the Central Excises and Salt Act, 1944. In short, it can be said that the activities of the Contractor so far as they relate to the fabricated steel structurals and the shed are outside the purview of the Central Excises and Salt Act, 1944. The charges levelled against the Contractor in the SCN are, therefore, baseless. The Contractor was right in not bothering to obtain a Central Excise licence and to follow the other Central Exci....... + More