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1 - 10 of 10 (0.27 seconds)Section 26 in The General Clauses Act, 1897 [Entire Act]
Article 14 in Constitution of India [Constitution]
Section 15 in The General Clauses Act, 1897 [Entire Act]
Kuldeep Singh And Ors. vs Union Of India (Uoi) And Ors. on 20 January, 1974
In Kuldeep Singh v. Union of India 1974 RLW 171, a Division Bench of this court had the occasion to construe the word "consider" used in Rule 1719 of the Railway Establishment Code and this Court has laid down the word "consider" or the process of consideration has within its ambit an examination of circumstances with objectivity rather than a mere subjective conclusion and that essentially it implies the duty to act judicially. In the said case this Court has further observed that it is necessary to pass a speaking order containing reasons which could be communicated to the railway servant against whom action is being taken.
Section 10 in The General Clauses Act, 1897 [Entire Act]
Section 127 in The Income Tax Act, 1961 [Entire Act]
M. Gopala Krishna Naidu vs State Of Madhya Pradesh on 24 August, 1967
In Kuldeep Singh v. Union of India (Supra) this Court has referred to the decision of the Supreme Court in M. Gopal Krishna Naidu v. The State of Madhya Pradesh , wherein the Supreme Court, while dealing with the provisions contained in Rule 54 of the Fundamental Rules was observed that an order that may be passed by the Government in exercise of the power conferred by the said Rule might result in pecuniary loss to the Government servant and fair consideration under the said Rules was an objective function arrived at from the facts and circumstances in their entirety.
Ajantha Industries And Ors vs Central Board Of Direct Taxes,New Delhi ... on 5 December, 1975
The aforesaid decision has been followed by the Supreme Court in Ajanta Industries v. Central Board of Taxes (4), wherein it has been held that the requirement of recording the reasons for ordering transfer of a case under Section 127(1) of She Income-tax Act, 1961 is a mandatory direction under the law and that non - communication thereof is not saved by showing that the reasons existing in the file, although not communicated to the assessee. In view of the aforsaid decisions, it was incumben upon the State Government to set out the reasons for rejecting the objections submitted by the inhabitans of revenue village Rawatbhata in a separate order duly communicated to the objections or at least in the notification dated 12th May, 1979 and the reasons for rejection of the objections cannot be gathered from the notings on the file of the State Government.
Article 226 in Constitution of India [Constitution]
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