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Documents citing Air Foam Industries (P) Ltd., New Delhi ... vs Union Of India And Ors. on 20 April, 1973

Wipro Infotech Software & Securities vs Commissioner Of Customs, Chennai on 9 October, 2001

8. On a careful consideration of the submission, we are of the considered opinion that there is a lot of force and merit in the submission made by the Ld. Sr. Counsel. The Commissioner of Customs ought to have adjudicated the proceedings in terms of para 9.20 of EXIM policy read with notifications relied herein and should have dealt with the application filed by the appellant by initiating proper proceedings in terms of law. However, the Commissioner's view was communicated by Deputy Commissioner which cannot be considered as a proper order in terms of law. The proceedings of the Deputy Commissioner is not being in terms of law and in the light of the Apex Court judgment rendered in the case of Sheela Foam (P) Ltd. v. UoI (supra), the appeal of the appellant before the Commissioner (Appeals) was maintainable. Therefore, the Commissioner (Appeals) finding that the appeal against the letter of the Deputy Commissioner being not maintainable is not correct in the light of the Apex Court judgment.
Customs, Excise and Gold Tribunal - Tamil Nadu Cites 13 - Cited by 6 - Full Document

Indian Jute Industries Research ... vs Debabrata Sarkar And Ors. on 14 June, 2006

4. Let it be further recorded that similar point was argued in other writ petitions before this Court namely in W.P. No. 3538(W) of 2002 [Arindarn Banerjee v. Union of India and Ors.] and an Hon'ble single Judge of this Court while referring to the Judgments delivered in the case of Biswajit Chakraborty (supra) and Rabindranath Mukherjee (supra), held that IJIRA was a "State" within the meaning of Article 12 of the Constitution of India.
Calcutta High Court Cites 11 - Cited by 1 - T Sen - Full Document

Mohan Meakin Breweries Limited vs Union Of India And Two Ors. on 9 May, 1975

There is again the decision of a Division Bench of this Court in M/s. Air Foam Industries (P) Ltd. (supra) in which the Division Bench held that a Writ of Mandamus can issue only for the enforcement of a fundamental or statutory right, that a claim for an amount due to the company under the contracts eniered into by it with the Government by way of price payable for the goods supplied is purely a claim for money, and that the remedy of the company is in the ordinary course of law by civil action and not by asking for a mandamus under Article 226 of the Constitution. In the present case, as already pointed out, there is also the remedy by way of arbitration under clause 24 of the terms and conditions. Further.
Delhi High Court Cites 12 - Cited by 11 - Y Dayal - Full Document

Mother Garjiya Educational And ... vs Union Of India & Ors. on 27 August, 2008

16. Pertaining to Section 45 of the Land Acquisition Act 1894, a learned Single Judge of the Madras High Court in the decision reported as AIR 1987 Madras 237 Muthu vs. Court of Tamil Nadu held that the service of any notice under the Land Acquisition Act 1894 in the manner provided therein is a mandate of law and the due procedure and modalities having been evolved, there cannot be a bypassing of the same by the officers, and if they do so, they do it on their own peril. It was held that it is not up to the officials to chose means of service as suited them. It was held that as contemplated in sub-sections 1 and 2 of Section 45, service on the concerned person by delivering or WP(C) 2099/2008 page 8 of 14 tendering a copy of the notice has to be first attempted and only when service in said manner is not feasible can other means of service contemplated by sub-section 3 be resorted to. Similar view was taken by a learned Single Judge of this Court in the decision reported as AIR 1976 Delhi 188 Ram Chand vs. Union of India. It was held that when resort was made to sub-section 3 of Section 45 of the Land Acquisition Act 1894 and the post office was used as a agency to transmit the notice, the same had to be by Regd.A.D.Post and service proved by producing the A.D. card.
Delhi High Court Cites 15 - Cited by 0 - P Nandrajog - Full Document
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