2003 (1) TMI 17

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d and the words used in section 95(i)(c) of the Scheme of 1998 were utmost important which had used the words that the provisions of the Scheme of 1998 would not apply to a case where no appeal or reference or writ petition is admitted and pending before any appellate authority. The word "admitted" is of utmost importance. The same cannot be ignored or given a go-by. The appellant has failed to pr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y appellate authority or the High Court or the Supreme Court on the date of filing of declaration or no application for revision is pending before the Commissioner on the date of filing declaration." The appellant's declaration filed under the Scheme of 1998 has been filed by the Department with the following order: "This is in reference to your declaration filed under the KVSS-98 on December .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... "admitted" is of utmost importance. The same cannot be ignored or given a go-by. The appellant has failed to prove it to our satisfaction that at any point of time, its appeal stood admitted also. The Legislature has used the word "admitted" with some purpose. The word "admitted" cannot be employed for being used only for the High Court and the Supreme Court. It applies to the appellate authority .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X