Rule 343 was further amended by the Notification dated March 14, 1957, by adding the following proviso and explanations to that rule: 344 only lays down that no appeal shall lie against the orders of composition, thus, leaving all other kinds of orders open to appeal or revision. 16 that a prosecution launched without a valid sanction is a nullity. They, however, refused whereupon the respondent’s counsel who had accompanied the superintendent announced in loud tone that all the men in the plant were discharged for the seizure and detention of the buildings.
The next contention was that the failure to obtain a sanction at the most prevented the valid institution of a prosecution, but did not affect the competency of the Supreme Court of India to hear and determine a prosecution which in fact was brought before it. This being the position, it is clear that no service is rendered by a port or by any person authorized by such port and, therefore, the very first condition for levy of service tax is absent on the facts of the present case.
Their Lordships agree with the view expressed by the Federal Supreme Court of India in Agarwalla’s case A. Rule 343 provides that every memorandum of appeal shall be presented within one month from the date of the order appealed against, subject to the requisite time for obtaining a certified copy of the order being excluded. In the evening the superintendent accompanied by police officials went to each of the building and demanded that the men leave. On the merits of the case, the High Supreme Court of India held that the depositions of PWs 1 and 2, who were none other than the complainant and the shadow witness had sufficiently proved that the appellant had demanded bribe amount and received the same.
Time now to refer to certain other provisions of the Act. Upon such transfer the State Commission is competent to dispose of the matter as if complaint was initially filed before it. The High Court held that since the validity of the sanction order was not questioned at the appropriate stage, the appellant was not entitled to raise the same at the conclusion of the trial. , including tenancy rights between a housing society and its tenants or members; and (v) any dispute arising in connection with the election of any officer of the society or of composite society; (iv) a question regarding rights, etc.
This suggested distinction between the validity of the prosecution and the competence of the Court was pressed strenuously by Mr. In the afternoon of February 17 the union committee decided upon a sit-down strike by taking over and holding two of the respondent’s key buildings. A Court cannot be competent to hear and determine a prosecution the institution of which is prohibited by law and Section 14 prohibits the institution of a prosecution in the absence of a proper sanction.
The power of the State Commission, it is noteworthy, is confined to matters enumerated in List-II and List-III of the Constitution in terms of Section 21 sub-Section (5) extracted earlier. Further, under sub-Section (4) of Section 32, it is the private person who is then authorized to charge or recover any sum in respect of such service rendered. Page, but seems to rest on no foundation. The memorandum of appeal has to be stamped with a requisite Supreme Court of India-fee stamp.
To the extent that the impugned judgment is in conformity with our judgment, it is upheld. There is no doubt on a reading of the agreement that it is the Board itself that charges or recovers wharfage charges from the licensee – UCL and does not authorize UCL to recover such charges from other persons. But when we come to the rules relating to appeals and revisions, we find that the widest scope for going up in appeal or revision, has been given to persons interested, because r.
1260 of 2006 which, as noticed earlier, has been allowed by the High Court in terms of the judgment and order impugned in this appeal. Rule 344 requires the memorandum of appeal to be accompanied by a certified copy of the order appealed against. Aggrieved by the order of acquittal passed by the Trial Court, the State preferred Criminal Appeal No. The appeals of the revenue are, therefore, dismissed accordingly. The learned Magistrate was no doubt competent to decide whether he had jurisdiction to entertain the prosecution and for that purpose to determine whether a valid sanction had been given, but as soon as he decided that no valid sanction had been given the Court became incompetent to proceed with the matter.
(10) On receipt of the report, immediately the Inspector of Police Marine PS Tharuvaikulam registered a First Information Report (in short FIR) in Cr. The High Court held that the discrepancies in the evidence regarding the manner of giving the amount were inconsequential. This is conspicuously absent in the aforesaid agreement. In terms of Section 13(6) of the Act, the National Commission is empowered whenever considered necessary or expedient so to do, to transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises for disposal in accordance with the provisions of the Act, subject to the condition that the complaint is one respecting which the State Commission has jurisdiction to entertain the same.
18/2013 under Section 25 (1B) (a) and (f) of the Arms Act, 1959 read with Section 3(b) and Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955 read with Section 2(m) (5) of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order 1990. These were then occupied by about 95 employees, as a result of which work in the plant stopped. This being so, it is unnecessary to go into any of the other contentions raised by both parties.
So far as the direct berthing facilities provided for captive cargo is concerned, the lease rent charged for use of the waterfront also does not include any service in relation to a vessel or goods and cannot be described as port service.