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Jun 22 2009

Food Corporation of India Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Jun-22-2009

Subject : Sales Tax/Vat

Reported in : (2010)157PLR1

infrastructure facilities have been provided to the petitioners. The total amount received by the State Government from the Central Road Fund (CRF) for undertaking road works in the State for 5 years i.e. 2001-2002 to 2005-06 is only 148.63 … spent by the PIDB strictly in accordance with the provisions of the 2002 Act, particularly with reference to Sub-section 3 of Section 27 of the Act. The statutory auditors of PIDB i.e. The Local Fund Examiner, Punjab, have … case of Jindal Stainless Limited, a reference has been made in regard to Haryana Local Area Development Tax Act, 2000 being violative of Article 301 and not saved by Article 304 of the Constitution of India. Alternatively, learned

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Aug 30 2007

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Decided on : Aug-30-2007

Subject : Sales Tax/VAT

been challenged in those writ petitions on the ground of violation of Sections 14 and 15 of the Central Sales Tax Act, 1956 and also being contrary to the provisions of Additional Duties of Excise (Goods of … areas. It has been contended that the State has been transferring sufficient fund collected out of the levy of the tax to the local bodies … presidential sanction having been obtained in the year 2000, before promulgation of the Principal Act in the … works contract. 'Local area' and 'purchase value' are defined in Section 2(1)(e) and (h), respectively. Sub-section (1) of Section 3 of the principal Act provides for levy of tax on goods specified in the schedule, containing of 7 … the Act for spending for the purpose of development of trading facilities, roads and other infrastructure in the local area subject to such conditions as

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Apr 27 2006

In Re: Investigation Into Initial

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Apr-27-2006

Subject : Service Tax

to Kantibhai and vice versa. Thus it appears that the account in the name of Kantibhai was a central account for both Roopal and Jhaveri Group (Sugandh Group). The details of the above transactions in the bank … K. Seksaria ) (Demat account client ID: 1202020000030991 held with Pratik DP) , 33 Maheshwari Niketan 5/3 Peddar Road, Mumbai 400026 on October 20, 2005 i.e. one day after listing on the stock exchange and prior to … transferred the shares to the financiers that had originally made available the funds for executing the game-plan.The financiers in turn sold most of these shares … G. Anantharaman, Member 1.1. As a part of ongoing surveillance activity by SEBI into the various aspects of working of securities market, SEBI … N Jhaveri Sujal Leasing And Finance Pvt Ltd. 20000 Excell Multitech Limited 40000 Seer Finlease Private Ltd. … address as Office No. 9, Samar Hira Ghat, Section, Ulhasnagar, Mumbai - 421003 were also closed during

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Sep 12 2008

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

Decided on : Sep-12-2008

Subject : Civil

of 'sale' as provided in the Sale of Goods Act, 1930, a central legislation, the legal fiction pertaining to sale as contained in Section 21 … thereafter the goods are dispatched to Assam by road and/or rail at the risk of the members/consignees. … and only true index of a fee.58. On a scrutiny of the scheme of the Haryana Rural Development Fund Act, 1983, the constitutional validity whereof was challenged, the Division Bench of the Apex Court in Om Prakash Agarwal … the Governor on 16.01.2007, Sub-section (2) was added to Section 21 of the Act as already amended by Act 2000. Section 10 of the Act 2006 proclaims that Section 21 of the Act thus amended would be deemed to … indispensable.82. The constitution of the State Agricultural Marketing Board (also referred to as the 'Board'), is provided by Section 3 of the Act. It is constituted of a Chairman and 17 other members to be nominated by State

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Sep 28 2016

State of H.P and Ors Vs. Rajesh Chander Sood Etc Etc

Court : Supreme Court of India

Decided on : Sep-28-2016

Subject : Land Acquisition

of the observations recorded in the report of the high level committee was, with reference to the Himachal Road Transport Corporation. It was pointed out, that the pension fund cash flow chart (year-wise) revealed, that in case … the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Provident Fund Act). The Central Government framed the Employees’ Provident Funds Scheme, 1995, whereby, it replaced the earlier statutory schemes, framed … The Appellant took the matter no further but has averred that in 2000, prompted by news in a Daily and Judgments of a High Court … 11.9.2001 clarified, that as the corporate bodies fell within the ambit of Section 16(1)(b) of the Provident Fund Act, it would not be applicable to … This option, was required to be submitted within 30 days of the notification of the scheme -

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Apr 25 2003

A.K. Bindal and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-25-2003

Subject : Service

Acts : Constitution of India - Articles 14, 21, 39, 43 and 311; Companies Act - Sections 617, 619 and 620; Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952 - Regulation 9; Industrial Disputes Act; Minimum Wages Act

Reported in : AIR2003SC2189; 2003(4)ALLMR(SC)1160; 2003(3)AWC2243(SC); [2003]114CompCas590(SC); [2003(98)FLR1]; [2003(3)JCR146(SC)]; JT2003(4)SC328; (2003)IILLJ1078SC; (2003)134PLR470; 2

Non-framing of specific issue as to whether he was driving vehicle or not would not, therefore, prejudice him. Section 3 & Central Motor Vehicles Rules (1989), Rr. 4 &14: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Effective driving licence Held, Holding … the said case the Court was called upon to consider the constitutional validity of Regulation 9 of Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, which gave power to terminate the services of an … the pleadings in Transfer Case No. 8 of 2000 whereby Writ Petition No. 2108 of 1996 which … for wage revision of the employees. However, due to prior commitment of funds of Public Sector Units/Cooperative Societies in the Fertilizer Sector for their ongoing … pay scale and other benefits would be allowed only if it was actually decided to revive the industrial unit. The question which arises for consideration

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Jun 20 2007

Yl (by Her Litigation Friend the Official Solicitor) (Fc) (Appellant) ...

Court : House of Lords

Decided on : Jun-20-2007

Subject : Land Acquisition

by agencies of the state are now provided, not by employees of central or local government, but by voluntary organisations or private enterprise under contract … against what Sir William Beveridge had called the 'five giants on the road of reconstruction' - Want, Disease, Ignorance, Squalor and Idleness (Social Insurance and … homes, generally under statute and contractually in the case of this particular care home. Under the Care Standards Act 2000 and the Care Homes Regulations 2001 (SI 2001/3965), any care home must establish its fitness and obtain registration … merely with a voluntary organisation, but also "with any other person who is not a local authority". In 2000 section 26(1A) was further amended by section 116 of, and paragraph 1(1)(3) of Schedule 4 to, the Care Standards … accommodation and care and no other source of funding is available. This is not a point which

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Aug 10 2009

Satya NaraIn Misra Vs. U.P. State Road Transport Corpn. and ors.

Court : Allahabad

Decided on : Aug-10-2009

Subject : Service

Reported in : 2009(4)AWC4204

to above will be eligible for provident fund benefits in accordance with the provisions of the Employees Provident Fund Act. 3. I am also to add that Temporary Employment of the categories mentioned in para 1 above will … of declaring the permanent posts in the Roadways Organisation (including the Roadways Central Workshop, Kanpur) as pensionable has been under the consideration of Government for … for the parties. 2. Petitioner retired as an employee of U.P. State Road Transport Corporation (U.P.S.R.T.C.) on 31.12.1994. Through letter dated 04.09.2000 (Annexure IV) written … and liable to terminate and revert on or before expiry of sanction.7. On 1.6.1972 U.P.S.R.T.C. was created under Section 3 of R.T.C. Act 1950. All the employees of U.P. Government Roadways department were sent on deputation to the

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Jul 23 2001

Kanaiyalal Prabhudas Maru and ors. Vs. Regional Provident Fund Commiss ...

Court : Mumbai

Decided on : Jul-23-2001

Subject : Labour and Industrial

Acts : Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 8B and 8G; Income Tax Act, 1961; Income Tax Rule - Rule 73 and 73(1)

Reported in : [2001(91)FLR914]; (2002)ILLJ297Bom

residential flat at Bhulabhai Desai Road, Mumbai as well as the factory premises have been encumbered with the Central Bank of India and it is, therefore, not possible for the Petitioners to even sell the aforesaid properties. … and willing to deposit an amount of Rs. 1 lac with the Respondent authorities towards the out-standing Provident Fund dues forthwith and that statement was recorded. The amount, the Court is informed, has been deposited. The short … funds from the Customs Authorities were expected at the end of January 2000. In the meantime, a cheque which had been furnished in an amount … Assistant Provident Fund Commissioner initiated an enquiry under Section 7-A of the E.P.F. Act, 1952 and on … for a period of 9 days until July 3, 2001. On the Petition being moved for urgent … in accordance with the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (the 'E. P. F. Act, 1952').2. The Fourth Petitioner is a

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Jan 02 2002

Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...

Court : Madhya Pradesh

Decided on : Jan-02-2002

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 10A; Constitution of India - Article 227; Madhya Pradesh Industrial Rules, 1957 - Rule 7; Madhya Pradesh Municipalities Act; Madhya Pradesh Municipal Corporation Act; Madhya Pradesh Krishi Upaj Mandi Adhiniyam; Madhya Pradesh Co-operative Societies Act; Industrial Disputes Amendment Act, 1982; Dock Workers (Regulation of Employment) Act, 1948 - Sections 5-A; Plantations Labour Act, 1951 - Sections 2; Employees State Insurance Act; Employees Provident Fund Act

Reported in : 2002(1)MPHT179

to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; (7) any domestic service; or (8) any activity, being … levy of damages as well as penalties by authorities under the Employees State Insurance Act and Employees Provident Fund Act. Though, each of the aforesaid corporations and statutory bodies are 'industry'. So one of the feeble submission that … terminated by the Govt. of M.P., a memorandum (P-1) dated 14the February, 2000 was issued for removing all the daily wage employees appointed after 31-12-88 … that department of Panchayat Samiti engaged in the work of construction of roads, buildings and tanks and employing staff in this regard is an industry. … State of M.P. can be treated 'industry' under Section 2(j) of Industrial Disputes Act, 1947.2. The services … daily rated workmen employed in Madhya Pradesh after 31-12-1988 in different departments of State of M.P. and

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