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Ghodawat Pan Masala Products (i) Ltd. and anr. Vs. State of Maharashtr ...

Court : Mumbai

Subject : Sales Tax

Acts : Constitution of India - Article 301; Maharashtra Tax on Luxuries Act, 1987 - Sections 2(2), 3A, 3B and 3B(2); Maharashtra Tax Laws (Lavy and amendment) Act 2001; Central Sales Tax Act, 1956;

Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)

the specific excise tax. Ad valorem taxes may be imposed at the point of sale or as in African countries on wholesale price. Taxes may vary according to the place of manufacture or the type of product … purchased. For example, tax increases in Canada between 1982 and 1992 lead to a steep increase in … purchased by the dealer on or after the appointed day from a dealer liable to pay tax under Section 4, if a certificate as provided in Sub-section (2) of Section 12A is furnished ; (iv) sales of goods … mainly affected the rich countries. It is now rapidly shifting to the developing world. By 2020, seven of every 10 people killed by smoking alone … ruled that no person can claim right to trade in it nor fundamental rights. In this connection, we may usefully quote following extract from the … constitutional validity of the Maharashtra Tax on Luxuries Act, 1987 as amended by Maharashtra Tax Laws (Levy

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

Subject : Land Acquisition

welfare governance, the role of the State is ever expanding, which justifies the shift. (ix) While the South African Constitution has adopted a horizontal application by providing in Section 9(4) of the Bill of Rights of Final … of the case outside the State and also for registering a complaint against the then Minister for Urban Development of the Government of U.P. for making statements outrageous to the modesty of the victims. The case of … done in terms of 42 U.S. Code § 1982 which entitled all citizens of the United States … be imposed on grounds not found in Article 19(2) by invoking other fundamental rights?.2) Can a fundamental right under Article 19 or 21 of the … even against a threat to the liberty of a citizen by the acts or omissions of another citizen or private agency?.4) Can a statement made

Bray Vs. Alexandria Women's Health Clinic

Court : US Supreme Court

Subject : Land Acquisition

have 295 agreed on exactly what the phrase did mean, and certainly it is true that the conceptual development of equal protection could hardly have been outlined in advance by the Members of the 42d Congress. But … Virginia, by David R. Lasso; for the NAACP Legal Defense and Educational Fund, Inc., by Julius L. Chambers, Charles Stephen Ralston, and Eric Schnapper; for … discriminate against the class itself. See ibid. Griffin, for instance, involved behavior animated by the desire to keep African-American citizens from exercising their constitutional rights. The defendants were no less guilty of a class-based animus because they … first clause of § 1985(3) does not provide a federal cause of action against persons obstructing access to abortion clinics. Pp. 267-278. (a) Respondents have … first clause of § 1985(3),1 a plain- 1 Section 1985(3) provides as follows: "If two or more … travel, petitioners had violated the first clause of 42 U. S. C. § 1985(3), which prohibits conspiracies

J. K. Synthetics Ltd. Vs. Income-tax Officer.

Court : Delhi

Subject : Direct Taxation

Reported in : [1990]32ITD775(Delhi)

and the assessed is to have 49% shares therein. The assessed company entered into an agreement with this African Synthetic Fibre Ltd. (ASFL - for short) on 16/2/1976 under which ASFL was described as the employer and … in Kenya has to be given. The assessed company had entered into an agreement with Industrial & Commercial Development Corpn., a public sector undertaking of the Republic of Kenya on 2-9-75 under which the assessed company agreed … the Reserve Bank was received in the year 1982 only. No evidence was brought on record to … But then there was also an obligation on their part to remit funds towards their subscription or equity capital. The Reserve Bank directed them to … from the Electricity Board refers to sec. 24(1) of the Indian Electricity Act, 1910. We are unable to accept this submission. The CIT (Appeals) is … not be given in the interpretation of the section. The Departmental Representative, on the other hand, submitted … The total expenditure under this head was Rs. 4,49,187. They were mainly incurred in providing light refreshments

ivory Traders and Manufacturers Association Vs. Union of India

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 226

Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131

ban imposed by the Wild Life (Protection) Amendment Act, 1991, on the trade in ivory derived from the African elephant. It is asserted by them that they only deal with ivory imported before the coming into operation … up of a Central Zoo Authority responsible for overseeing the functioning and development of zoos in the country. Only such zoos would be allowed to … been effected by the Amendment Act 23 of 1982. Major changes were effected in the Principal Act … was made unlawful to capture or kill or sell or buy or possess any such bird or animal. Section 4 made contravention of Section 3 punishable with fine. In the year 1935 the Act was amended by the … contended that the restriction is unreasonable, unfair and arbitrary and violates the fundamental rights of the petitioners under Articles 14 and 19(1)(g) of the Constitution.

M/S. Ivory Traders and Manufacturers Association and Other Vs. Union o ...

Court : Delhi

Subject : EnvironmentConstitution

Acts : Constitution of India - Articles 7, VII(2), 8, 14, 19(1), 20(1), 48A, 245, 249, 250, 252 and 300A; Wild Life (Protection) Act, 1972; Wild Life (Protection) Amendment Act, 1991 - Sections 39(1)(C), 44, 49C(7) and 51(2); Wild Birds Protection Act, 1887; Wild Birds and Animals (Protection) Act, 1912 - Sections 3, 4 and 11; Wild Life (Protection) Amendment Act, 1986; Wild Animals, Birds and Plants (Protection) Act, 1972 - Sections 1, 2, 4, 6, 8, 12, 18, 19, 24, 33, 34, 35, 36, 38, 39, 40, 43, 44, 49, 49A, 49B, 49C, 50, 51, 54, 57, 59, 60, 61, 62, 63, 64 and 66; Principal Act - Sections 9, 10, 13 to 17, 38J, 44, 51 and 63; Code of Criminal Procedure (CrPC) , 1973 - Sections 360; Probation of Offenders Act, 1958; Non-Ferrous Metal Control Order, 1958; Bombay Municipal Corpo

Reported in : AIR1997Delhi267b; ILR1997Delhi22

ban imposed by the Wild Life (Protection) Amendment Act, 1991, on the trade in ivory derived from the African elephant. It is asserted by them that they only deal with ivory imported before the coming into operation … up of a Central Zoo Authority responsible for overseeing the functioning and development of zoos in the country. Only such zoos would be allowed to … been effected by the Amendment Act 23 of 1982. Major changes were effected in the Principal Act … was made unlawful to capture or kill or sell or buy or possess any such bird or animal. Section 4 made contravention of S. 3 punishable with fine. In the year 1935 the Act was amended by the … counsel contended that the restriction is unreasonable, unfair-and arbitrary and violates the fundamental rights of the petitioners under Articles 14 and 19(1)(g) of the Constitution.

Adarand Constructors, Inc. Vs. Peandntilde;a

Court : US Supreme Court

Subject : Land Acquisition

this case reads as follows: 209 "Subcontracting. This subsection is supplemented to include a Disadvantaged Business Enterprise (DBE) Development and Subcontracting Provision as follows: "Monetary compensation is offered for awarding subcontracts to small business concerns owned and … Marcia D. Greenberger; for the Minority Business Enterprise Legal Defense and Education Fund, Inc., et al. by Donald B. Verrilli, Jr., and Maureen F. Del … 44 BIAM 335, 3.1 (1972). We concluded that the classi- 245 as comparable to the official discrimination against AfricanAmericans that was prevalent for much of our history. The consistency that the Court espouses would disregard the difference … affirming, the Court of Appeals assessed the constitutionality of the federal race-based action under a lenient standard, resembling intermediate scrutiny, which it determined was required … disadvantaged by the [Small Business] Administration pursuant to section 8(a) of the Small Business Act." 15 U. … it determined was required by Fullilove v. Klutznick, 448 U. S. 448 , and Metro Broadcasting, Inc.

Riley Vs. Kennedy

Court : US Supreme Court

Subject : Land Acquisition

United States v. Alabama , 252 F. Supp. 95, 98 (MD Ala. 1966); see also M. McMillian, Constitutional Development in Alabama, 1789-1901, pp. 217-232 (1955); Hunter v. Underwood , 471 U. S. 222 (1985).[ Footnote 4 ] … Amendments Act of 2006, 120 Stat. 577; Voting Rights Act Amendments of 1982, 96 Stat. 131; Voting Rights Act Amendments of 1975, 89 Stat. 400; … on the Commission postpassage of the 1985 Act occurred in 1987, when the seat for District One-a majority African-American district-became vacant. In accord with the 1985 Act, the Governor called a special election. A Mobile County voter, … clear beyond a reasonable doubt that it is in violation of the fundamental law.” Stokes v. Noonan , CV-87-001316 (Mobile County, May 19, 1987). Nothing … 07-77. Argued March 24, 2008-Decided May 27, 2008 Section 5 of the Voting Rights Act of 1965

Mcgrath and Another (Appellants) Vs. Riddell and Others (Respondents)

Court : House of Lords

Subject : Education

Lord Hoffmann has explained (para.5 of his opinion), in consequence of a recommendation by the Cork Committee in 1982. Section 426 55. The section is headed “co-operation between courts exercising jurisdiction in relation to insolvency” and subsections (4) … 165, 173: “[T]his court sits to administer the assets of the South African company which are within its jurisdiction, and for that purpose administers, and … companies with which this appeal is concerned were among them but were authorised also, under the Insurance Companies Act 1982, to carry on insurance business in the United Kingdom, and did so, as well as carrying on business … principle is a potent one. 8. In the late nineteenth century there developed a judicial practice, based upon the principle of universalism, by which the … ordered, to make provision for the retention of funds to pay English preferential creditors. But the existence

Regina Vs. Secretary of State for Education and Employment and Others ...

Court : House of Lords

Subject : Education

Kingdom (1982) 4 EHRR 293. That was in 1982. Parliament then changed the law, by the Education … but in a rather different context. The context was different because of the different terms of the South African Constitution (see especially section 36 set out at p.67, para 30) and the different historical and social background, … it was given, the persons involved, and its mental and physical effects. 5. The next stage in the development of the law was the extension of the ban on the use of corporal punishment to all pupils … applied also to children attending non-maintained schools (independent schools) who received public funding, for instance, under the assisted places scheme. 4. In 1993, in response … this ban is incompatible with their Convention rights under the Human Rights Act 1998. 3. The present state of the law has developed in stages