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| CBEC says "Let us do what is right even if it appears difficult. It takes years to build reputation and takes seconds to destroy it." |
An observation by Rightinformer:- Evil forces have become stronger. To do a work in the right manner one need to acquires a fair knowledge of what [s]he is expected to do, have courage to do only what is right even in adverse conditions and have an escape mechanism [legal remedy] kept ready always if any damage is inflicted by evil forces within the institution or from outside. A classic recent example is that of Shri C. Rajan, Additional Director General, DRI, Chennai. It was a false trap. He had neither demanded nor received bribe. We are bringing out a pocket guide in order to equip with the required knowledge of work and measures for any accidental or intentional harm done to honest officials. [http://goo.gl/PO6bP] [http://www.rightinformer.org/procedural-laws] |
Right_informer on 03 April 2012 ·
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| Observations in judgments are not binding precedents to be blindly followed by courts in arriving at a decision, the Supreme Court has held. |
http://www.indiankanoon.org/doc/1095316/ “Courts should not place reliance on decisions without discussing how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of courts are neither to be read as Euclid’s theorems nor as provisions of the statute and that too taken out of their context. These observations must be read in the context in which they appear to have been stated” said a Bench consisting of Justices Arijit Pasayat and A.K. Ganguly. “Judgments of courts are not to be construed as statutes. To interpret words, phrases and provisions of a statute, it may become necessary for judges to embark on lengthy discussions but the discussion is meant to explain and not to define. Judges interpret statutes, they do not interpret judgments. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.” Justice Pasayat, who wrote the judgment, quoted Lord Denning in the matter of applying precedents: “Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect. To decide, therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive.” |
Right_informer on 28 March 2012 ·
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| We, therefore, do not agree that Ujagar Prints (III) would apply even to a processor who is not independent and, as is alleged in this case, the merchant manufacturers and the purchasing traders are m |
Supreme Court - FEBRUARY 13, 2012. Commissioner of Central Excise, Faridabad Vs. M/s. Food & Healthcare Specialities & ANR. [Civil Appeal Nos. 6539-6540 of 2010] http://www.advocatekhoj.com/library/judgments/announcement.php?WID=1813 . . . the merchant manufacturers and the purchasing traders are merely extensions of the processor. In the latter case, the processor is not a mere processor but also a merchant manufacturer who purchases/manufactures the raw material, processes it and sells it himself in the wholesale market. In such a situation, the profit is not of a processor but of a merchant manufacturer and a trader. If the transaction is between related persons, the profit would not be "normally earned" within the meaning of Rule 6(b)(ii). If it is established that the dealings were with related persons of the manufacturer, the sale of the processed fabrics would not be limited to the formula prescribed by Ujagar Prints (III) but would be subject to excise duty under the principles enunciated in Empire Industries as affirmed in Ujagar Prints (II), incorporating the arms length principle."
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Right_informer on 29 February 2012 ·
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| As the procedure set out in the 2001 Rules has not been followed, the appellant was not entitled to exemption - Supreme Court |
As the procedure set out in the 2001 Rules has not been followed, the appellant was not entitled to exemption on the Naphtha cleared from its factory for supply to Indo Gulf Corporation Limited for manufacture of fertilizer. M/s. Indian Oil Corporation Ltd. Vs. Commissioner of Central Excise, Vadodara [Civil Appeal No. 4530-4532 of 2005] M/S Indian Oil Corporation Ltd. Vs. Commissioner of Central Excise, Lucknow [With Civil Appeal No. 8048 of 2004] January 13, 2012. SC http://www.advocatekhoj.com/library/judgments/announcement.php?WID=1690 |
Right_informer on 29 February 2012 ·
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| one thing is certain: that this government will have to think ten times before throwing procedure and policy to the wind in favour of cronies and at the cost of the nation. |
The government was cautioned by the then finance secretary to review the way the 2G prices were fixed and Trai, too, had laid down that the group of ministers should fix the price of spectrum. But all this was given the boot. http://www.deccanchronicle.com/editorial/dc-comment/telecom-verdict-replenish-coffers-327 |
Right_informer on 03 February 2012 ·
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| where corruption begins all rights end.Corruption devalues human rights,chokes development&undermines justice,liberty,equality,fraternity which are the core values in our preambular vision |
Therefore, the duty of the Court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption. That is to say in a situation where two constructions are eminently reasonable, the Court has to accept the one that seeks to eradicate corruption to the one which seeks to perpetuate it. . . . punishment of the offender in the interest of the society being one of the objects behind penal statutes enacted for larger good of the society, right to initiate proceedings cannot be whittled down, circumscribed or fettered by putting it into a strait jacket formula of locus standi.. Supreme Court of India Dr. Subramanian Swamy vs Dr. Manmohan Singh And Anr. on 31 January, 2012 http://indiankanoon.org/doc/116362443/
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Right_informer on 01 February 2012 ·
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| Specific entrustment of function by either the Board or the Commissioner of Customs is, therefore, the governing test to determine whether an "officer of customs" is the "proper officer |
Supreme Court of India Commr. Of Customs vs Sayed Ali & Anr. on 18 February, 2011 - http://164.100.9.38/judis/handle/123456789/20746 |
Right_informer on 23 January 2012 ·
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| 'I will work with integrity and succeed with integrity'. |
Bhanu said, 'Yesterday, Dr Kalam administered an oath to all the IAS and IPS officers including myself. I would like to assure you Dr Kalam that I have worked with integrity and succeeded with integrity during the last 24 years as an IAS officer in different parts of the state and the Centre. Now I am in the Tea Board. I was secretary to the CM of Assam. I would like to assure Dr Kalam that I have tried to create a brand of moral uprightness in all my tasks".
Excerpts of a speech of Dr. A.P.J. Abdul Kalam, former President of India I responded by recalling my own experience where I worked very closely with politicians and administrators including positions like secretary -- in Defence Research and Development Organisation and as scientific advisor to the Raksha Mantri, principal scientific advisor to the Government of India. In all these positions, I was in charge of large missions with huge capital investments. I recall that at no point did any leader or administrator approach me for favours. Then I told the young officers that they can definitely establish a brand of integrity for themselves which will be called the circle of your brand to keep away all those who want make them compromise ethically. Of course, this may mean facing some problems as an individual grows. Finally the best in human beings will succeed in life. |
Right_informer on 22 January 2012 ·
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| India in new phase-Scores of upright officials there would show up their face to usher in a marvellous change in 2012–RIIF assures support |
India lost a staggering $*** billion in illicit financial flows due to tax evasion, crime and corruption. 68 per cent of India's aggregate illicit capital loss occurred after India's economic reforms in 1991, indicating that deregulation and trade liberalisation actually contributed to/accelerated the transfer of illicit money abroad.Reports that wealth is stashed in offshore jurisdictions and tax haven, also goes on to indicate the extent of the problem. The survey shows that Corporates cannot just claim to be victims of corruption. They are also responsible for it. Organisations pay bribes to win and retain business. This is a typical scenario where organisations tend to overlook the implications of encouraging these practices and often look only at short-term benefits achieved. They fail to realise that what has worked in their favour could also land them into trouble later and lead to adverse consequences for them. Corruption increases the overall cost of conducting business on account of operating in corrupt environments. The Indian government's track record in combating bribery and corruption has not been very effective. The main reason for this is political interference and delayed justice that impairs the effectiveness of the verdict, opined corporate India. http://goo.gl/9HUq0 |
Right_informer on 02 January 2012 ·
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| RTI - Additional workload is not a defence - Accountability&prevention of corruption is possible only through transparency. Attaining transparency no doubt would involve additional work with reference |
http://indiankanoon.org/doc/1519371/ - SC Judgement dated 9.8.2011 - Extract: Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising `information furnishing', at the cost of their normal and regular duties. ----------------------------------------------------------------------------------------------- http://164.100.9.38/judis/bitstream/123456789/19732/1/38417.pdf IN THE SUPREME COURT OF INDIA, Institute of Chartered Accountants of India Vs. Shaunak H. Satya & Ors. on 2.9.2011 25. The learned counsel of ICAI submitted that . . .If the examining bodies are required to frequently furnish various kinds of information as sought in this case to several applicants, it will add an enormous work load and their existing staff will not be able to cope up with the additional work involved in furnishing information under the RTI Act. . . .It was submitted that for every meaningful user of RTI Act, there are several abusers who will attempt to disrupt the functioning of the examining bodies by seeking huge quantity of information. ICAI submits that the application by the first respondent is a classic case of improper use of the Act, where a candidate who has failed in an examination and who does not even choose to take the subsequent examination has been engaging ICAI in a prolonged litigation by seeking a bundle of information none of which is relevant to decide whether his answer script was properly evaluated, nor have any bearing on accountability or reducing corruption. ICAI submits that there should be an effective control and screening of applications for information by the competent authorities under the Act. We do not agree that first respondent had indulged in improper use of RTI Act. His application is intended to bring about transparency and accountability in the functioning of ICAI. ... Examining bodies like ICAI should change their old mindsets and tune them to the new regime of disclosure of maximum information. Public authorities should realize that in an era of transparency, previous practices of unwarranted secrecy have no longer a place. Accountability and prevention of corruption is possible only through transparency. Attaining transparency no doubt would involve additional work with reference to maintaining records and furnishing information. Parliament has enacted the RTI Act providing access to information, after great debate and deliberations by the Civil Society and the Parliament. . . . the examining bodies will have to gear themselves to comply with the provisions of the RTI Act. Additional workload is not a defence. If there are practical insurmountable difficulties, it is open to the examining bodies to bring them to the notice of the government for consideration so that any changes to the Act can be deliberated upon. Be that as it may. |
Right_informer on 22 December 2011 ·
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