Even in the present case, the High Court has not exercised its jurisdiction in accordance with law. (ii) If the Corporation fails to comply with the above given directions, the back-wages shall be paid to the concerned workmen with an interest at the rate of 9% per annum. We, therefore, hold that as the Appellants have removed the inputs after subjecting them to the process of E. We accordingly, set aside the penalty imposed Click on lexlords.in the Appellants.
95,000 had straight from the source time to time been withdrawn from the company by please click the following web site first respondent with the assistance and sanction of the second respondent, professedly for the expenses of the company. The case is one of improper exercise of jurisdiction. Accordingly, the Appellants have to discharge the duty liability after including the cost of E. It is only to indicate how the matter should be approached while dealing with the questions of inter se seniority of officers in the cadre.
15 of the Payment of Wages Act, 1936, the Authority knowing it in exercising its jurisdiction, made exclusive by S. 2 Proviso to Rule other 57-F(1) or subsequently Sub-rule (3) of Rule 57- F provided that where the inputs are removed for home consumption on payment of duty, such duty of excise shall be the amount of credit that has been availed in respect of such inputs. Once the legislature has provided for a [pic]statutory appeal to a higher court, it cannot be proper exercise of jurisdiction to permit the parties to bypass the statutory appeal to such higher court and entertain petitions in exercise of its powers under Article 226 of the Constitution of India.
Further Rule 57 AB of the Central Excise Rule provides for the removal of inputs as such. 0 Kindly acknowledge this Notification of Award immediately. Coating, mere reversal of the MODVAT Credit availed in respect of those inputs would not be payment of appropriate amount of duty. It is thus apparent that the Rule 57-F is in respect of “such inputs” only. A perusal of the same clause, further leads to the inference, that the ‘notification of award’ would constitute a binding contract between the applicant and the non-applicant, and that, the terms and conditions expressed in the bidding documents, would also constitute the conditions of the contract.
3 of the Act makes the Act applicable to all public religious and charitable institutions within, the meaning of the definition clause in S. There shall be no order as to costs. The Appellants, however, would be eligible to take the MODVAT Credit of duty paid on coating material subject to the satisfaction of the jurisdictional Excise Authority. 0 of the ‘notification of award’, extracted hereinabove, reveals, that M/s Daelim Industrial Company Limited, Korea, was required to sign a formal contract with OpaL within 30 days, from the date of issue of ‘notification of award’.
Since the State Government is not formally authorized to take any steps in so far as the appointments of the prosecutor or counsel to conduct the appeals, no steps have been taken. 22 of the Act, has necessarily to consider various questions incidental to the claims falling thereunder and, although it would be inexpedient to lay down any hard and fast rule for determining the scope of such questions, care should be taken not to unduly extend or curtail its jurisdiction.
Further enquiries made by the Directors showed that moneys aggregating to over Rs. Among the papers of click the next post company was a voucher dated August 9, 1952, evidencing the withdrawal of this amount by the first respondent and signed by him and this also bore simply click the following website page signature of the second respondent in token of her sanction. The duty of excise has to be discharged on the intrinsic value of the goods as held by the Supreme Court in the case of Sidhartha Tubes Ltd. (emphasis is mine) A perusal of clause 8.
The Corporation is further directed to submit the compliance report for perusal of this Court after the expiry of the said eight weeks. In view of the facts and circumstances of the present matter, no penalty is imposable on the Appellants. “The learned Advocate General would however, submit that after the judgment was pronounced by the trial court, there has been no further consultation between the State Government of Karnataka and the Chief Justice of the High Court of Karnataka, as directed by the Supreme Court in making any appointment of sneak a peek at this site Special Public prosecutor and there is no appointment order issued in favour of respondent No.
As such, this discussion is not intended to enumerate the circumstances or situations in which appointments of officers can be said to come within the scope of any of these terms. Coating in the value of the goods. Despite this, we cannot help but state in absolute terms that it is not appropriate for the High Courts to entertain writ petitions under Article 226 of the Constitution of India against the orders passed by the Commission, as a statutory appeal is provided and lies to this Court under the provisions of the Consumer Protection Act, 1986.
5, afresh; he would further submit that if it is a formality to be complied with, the State Government, in consultation with the Chief Justice, shall take further steps. 2(1) Of the Act, which are situate in the State of Bihar and any part of the property of which is in that State.