It must be realised that goods manufactured in our country have to stand heavy competition from goods produced abroad, and even browse this site export can only be made at great sacrifice, and is made only to earn foreign exchange, which would not, otherwise, be available. Further, due to coercion and fear, the workmen were compelled to sign on the blank papers and the purported voluntary retirement letters alleged to have been submitted to the appellant were not considered by it. In the said show cause notice the Additional Commissioner had proposed to classify the product of the appellant/assessee under Heading 2108 of the Central Excise Tariff Act, 1985, as Miscellaneous Edible preparation not elsewhere specified or included.
We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. The State Government at the time of passing its order ought to have considered this important factual aspect of the matter before refusing to pass an order to make a reference to the Industrial Tribunal regarding the dispute between the parties in relation to their illegal termination.
Further, the High Court has rightly adverted to various judgments of this Court including Bombay Union of Jornalists v. The same were not produced by the appellant before the Conciliation officer. The rigour of Section 63 (c) of the Act and Section 68 of 1872 Act is thus befitting the underlying exigency to secure against any self serving intervention contrary to the last wishes of the executor. A Will as an instrument of testamentary disposition of property being a legally acknowledged mode of bequeathing a testators acquisitions during his lifetime, to be acted upon only on his/her demise, it is no longer res integra, that it carries with it an overwhelming element of sanctity.
But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. This is more so, as many a times, the manner of dispensation is in stark departure from the prescribed canons of devolution of property to the heirs and legal representatives of the deceased. As understandably, the testator/testatrix, as the case may be, at the time of testing the document for its validity, would not be available, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation.
This will deter him to casually invoke the authority of the Magistrate under Section 156(3). Appearance by Public Prosecutors. In other words, a clear case of reference under Section 10(1) in each case is made out. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR. That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case.
Accordingly all the writ petitions are allowed and the rule is made absolute in each case. Let a writ of mandamus be issued directing the appropriate Government in each case namely the State of Haryana in the first mentioned group of petitions and the Central Government in the second petition to reconsider its decision and to exercise power under Section 10 on relevant and considerations germane to the decision.
The first respondent-Union called upon the appellant-Company to produce the news (my response) Resolution passed by its Board before the Conciliation Officer, with regard to the alleged VRS and the order of approval said to have been granted by the Income Tax Authority for such scheme. Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. For continue reading this reason also, sugar produced by the vacuum pan process may have been selected, because such sugar is perhaps in demand abroad and not sugar produced by any other process.
Further, the State Government has failed to consider the fact that the appellant-Company has stated about the VRS being published for the concerned workmen for the first time, only before it and not before the Conciliation Officer in the earlier proceedings. Necessarily, the Government can only embark upon. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law.
an export policy in relation to these products, for which there is an easy and readily available market abroad. State of Bombay wherein it was held thus: -(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. For this reason also, the High Court is justified in quashing the order of refusal to make an order of reference and therefore, it is rightly justified in issuing a writ of mandamus to the State Government to make an order of reference to the jurisdictional Industrial Tribunal for adjudication of the industrial dispute between the parties.
The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made.