1990 (7) TMI 133

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....n application under Section 35-G of the Central Excises and Salt Act, 1944 (hereinafter referred to as "the Act") by the Collector of Central Excise. Despite valid service of notice, opposite party has not entered appearance. 2. Opposite party filed an application in form AL-4 prescribed under Rule 174 of the Central Excise Rules for a licence to manufacture Ferro Silicon/Charge Chrome in its f....

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....is Court on the question of law arising out of the order as framed by the applicant. Questions of law as framed are as follows : (1) "Whether the factory should furnish information against Col. 6 of the Schedule of AL-4 application, the quantity of goods the factory is legally capable of producing with reference to the Registration Certificate and the productive capacity as mentioned in the Reg....

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....een able to show that there is linkage between the two statutes. It came to the conclusion that no power having been vested with authorities under the Act to take into account the provision of Industrial Development Regulation Act, there is no scope for any doubt or dispute about it. Coming to the conclusion that conclusion is obvious, the first question was decided not to be referred. 5. As re....

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....law raised but not decided. Questions of law which are neither raised nor decided do not come within the scope of having arose out of the order. Tribunal does not seem to have kept the aforesaid principle while refusing to state a case. Thus refusal was not justified. Next, what would be the interpretation of the provisions of a statute to give jurisdiction to a statutory authority unless finally ....