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Advocate Simranjeet Singh Sidhu - Top 10 Revenue Law Firms In Supreme Court Of India 815 Sector 16D Chandigarh 160016 9876616815 - Lawyer - An Overview
191 came to be examined. 11/11/16 per maund and the rest at the rate of, Rs. -The respondent a partnership firm carrying on business as commission agents in the town of Khanna in Punjab brought the suit out of which this appeal has arisen against the appellant firm for recovery of Rs. 27/12/- per maund, as the appellant took no action when the respondent asked them either to take away these bales on payment of the price or to put in more money by way of margin.
The Service Rules relate to 395 the qualifications and conditions of service of a Welfare Officer in a factory and are well within the rule-making power. 190 of the Sea Customs Act, 1878 and that of the Central Government exercising its power under s. 25 of the Evidence Act. 190 and 191 were `tribunals` under Art. Rule 6 of the Service Rules prescribes the conditions of service of a Welfare Officer. Now, the question Chandigarh High Court Civil Advocates is whether the State Government deciding an appeal under R.
Collector of Customs, Calcutta and Ors. 17,615/10/- claimed to be due to it on account-of the purchases and sales made on behalf of the appellant firm. 6(6) of the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952 (hereafter referred to as the Service Rules) is a tribunal within the meaning of Art. The judgment of the Court was delivered by DAS GUPTA, J. We should, however, add that Revenue Advocate in High Court all the suits a defence that they were barred by reason of s.
15,556/10/- remained due to the plaintiff firm from the defendant firm. These 50 bales were also sold by the respondent on May 24, 1947 at the rate of Rs. Thus, on February 3, 1947, 2300 bags of cotton-seeds were left on its hands. In Indo-China Steam Navigation Co. It was common ground that the Customs Officer exercising his authority under s. On the accounts, it was said, Rs. This conclusion proceeded on the main ground that both the appellate and the revisional authorities in question are invested with the judicial power of the State and are required to act judicially.
The suit was brought for the recovery of this amount together with interest. Between December 1946 997 and February 3, 1947, 7600 bags of cotton seeds were, according to the plaint purchased by the respondent on behalf of the appellant firm at various rates, out of which 5300 bags are said to have been sold by it on behalf of the appellant firm between the dates of January 2, 1947 and February 3, 1947. 49(2) of the Factories Act, 1947.
,(1) the status of the Central Board of Revenue Lawyers Chandigarh exercising its appellate power under s. It is the power of investigation which establishes a direct relationship with the prohibitions under s. Apart from these transactions in cotton-seeds the respondent firm, according to the plaint, also purchased 100 bales of cotton of which 50 bales were also sold on behalf of the` appellant firm, so that after February 14, 1947, 50 bales of cotton purchased by the appellant firm were lying with the respondent.
6 provide that the Welfare Officer must have the appropriate status corresponding to the status of other executive heads of the factory, and his conditions of service shall be the same as of other members of the staff of corresponding status in the factory. Sub-rules (1) and (2) of R. Therefore where such power is conferred upon an officer, the mere fact that he possesses some other powers under another law would not make him any the less a police officer for the purpose of s.
The State Government made the Service Rules in exercise of its rule- making power under s. ID May 1947 the market for cotton seeds was falling and so the respondent firm asked the appellant either to remove the goods within 48 hours on payment of the full price or pay something more by way of margin and informed them that otherwise the goods would be sold As no reply was received these 2300 bags were sold on May 24some at the rate of Rs. On this occasion, again, this Court referred to the trappings of a Court and observed that the presence of some of the trappings of a High Court Revenue Lawyer may assist to determine whether the proceedings before the authority in question are judicial or not, though it was emphasised that apart from the said test of trappings, the basic test was whether the authority in question had been constituted by the State and had been given a part of the State`s inherent judicial powers.
136 of the Constitution. 167 of the said Act was not a `Court` or a `Tribunal`; nevertheless, it as held that the Central Board of Revenue Advocate in High Court and the Central Government exercising their respective powers under ss. Sub-rule (3) ,empowers the management to impose on the Welfare Officer one or more of the following punishments, viz. 16 of the Essential Supplies (Temporary Powers) Act, 1946 was raised, but the plea was wholly untenable and learned Counsel very properly did not seek to urge it before us.
We shall be dealing with the claims arising in the individual appeals later, but at this stage it is sufficient to point out that as regards the claim for the refund of the surcharge collected on the stocks of paddy and rice in July, 1947, there was no defence to the claim except that the same was barred by limitation.
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