waiver of the pre-deposit. It is, thereafter, for the public functionary i.e. Commissioner (Appeals) or the Tribunal to pass an order on such ... control of the assessee, but depends upon the acts of public functionary. The provisions of a Statute relate to performance of a public duty
categorically observed that wherever vide power
is conferred by statutes on public functionaries, the same is
subject to inherent limitation that it must be exercised ... discretion should be objective. Test of
reasonableness is more strict. The public functionaries should
be duty conscious rather than power charged. Its actions and
decisions
categorically observed that wherever vide power is conferred by
statutes on public functionaries, the same is subject to inherent limitation that it must
be exercised ... discretion should be objective. Test of reasonableness is more strict. The public
functionaries should be duty conscious rather than power charged. Its actions
and decisions
control of the importer and depends upon the acts
of other public functionaries, non-compliance of such condition, subject to
just exception cannot be held
India. The functions
performed by it are public functions. The notification never contemplated
that a public functionary, having regard to the importance of the subject ... time schedule therefor was prescribed. It is trite that when a public
functionary is required to discharge its public functions within a time
specified therefor
India. The functions performed by it are public functions. The notification never contemplated that a public functionary, having regard to the importance of the subject ... time schedule therefor was prescribed. It is trite that when a public functionary is required to discharge its public functions within a time specified therefor
control of the importer and depends upon the acts of other public functionaries, non-compliance of such condition, subject to just exception cannot be held
control of
the importer and depends upon the acts of other public functionaries, non-
compliance of such condition, subject to just exception cannot be held
factum of the appeal. It is imperative that
all actions of public functionaries be guided by reason and not by whim
or caprice. We hence
factum of the appeal. It is imperative that
all actions of public functionaries be guided by reason and not by whim
or caprice. We hence
