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State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Subject : Sales TaxConstitution

Acts : Sales of Goods Act, 1930 - Sections 3, 4 and 9; Rajasthan Sales Tax Act, 1994 - Sections 2(42), 2(44) and 4A; Finance Act, 2004 - Sections 4A and 4A(1); Standards of Weights and Measures Act, 1976; Standards of weights and Measures Rules; Constitution of India - Articles 246, 286 and 366(29A); ;Constitution of India (42nd Amendment) Act, 1982 - Article 366; Constitution of India (46nd Amendment) Act; Drug Price Control Order, 1995; Essential Commodities Act, 1955 - Sections 3; Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Contract Act - Sections 77; Income Tax Act, 1961 - Sections 28 to 43C, 44AC, 44AC(1) and 206C; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990 - Sections 44AC; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales T

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

application filed by the respondent-Association was allowed to that extent.2. The controversy arose in the following background:By the Finance Act, 2004 Section 4A was introduced which reads as follows:4A. Levy of tax on retail sale price: (1) Notwithstanding anything contained … of such retail sale prices shall be deemed to be the retail price for the purpose of this Section.3. Writ Petition was filed by the present respondent questioning constitutional validity of the aforesaid provision. Section 4A in

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Subject : Excise

Section 169 of the Finance Act, 2003 (32 of 2003) and further amended by Section 3 of the Finance Act, 2004 (13 of 2004); (e) special excise duty collected under a Finance Act; (f) additional duty of excise as

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Subject : CompanyCriminal

Acts : Income Tax Act, 1961 - Sections 232(3), 232(3)(1), 276B, 276C, 277, 278 and 278B; Indian Penal Code (Amendment) Bill, 1972; Finance (No. 2) Act, 2004 - Sections 35HA(3); Wealth Tax Act, 1957; Indian Penal Code (IPC) - Sections 7, 11, 62, 417 and 420; Foreign Exchange Regulation Act, 1973 - Sections 56(1); Monopolies and Restricted Trade Practices Act, 1969 - Sections 48A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235; Monopolies and Restricted Trade Practices (Amendment) Act, 1984 ; Foreign Exchange Regulation Act, 1973 - Sections 13, 19(1), 44(2), 18(1), 18A, 50, 51, 56, 57 and 58; Companies Act, 1956; Suppression of Immoral Traffic in Women & Girls Act, 1956 - Sections 3(1); Prevention of Food Adulteration (Amendment) Act No. 34 of 1976; Employees Provident Fund Act; Genera

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457; (2005) 4 SCC 530

2003. Section 278B was promptly amended by Parliament by insertion of sub-section (3) by the Finance (No. 2) Act, 2004 w.e.f. 1.10.2004. The inserted sub-section (3) reads as under:'278B (3) Where an offence under this Act has been

Sneh Enterprises Vs. Commnr. of Customs, New Delhi

Court : Supreme Court of India

Subject : Customs

Acts : Customs Tariff Act, 1975 - Sections 2, 3, 3(6), 9A and 9A(8); Customs Act, 1962 - Sections 15, 15(1), 15A, 46 and 68; Finance Act, 2004 - Sections 26 and 76

Reported in : 2006(202)ELT7(SC); JT2006(8)SC587; 2006(9)SCALE95; (2006)7SCC714; 2006(2)LC1171(SC)

any other cost, and for profits, as determined under Sub-section (2).Sub-section (8) of Section 9A was introduced by Finance Act, 2004. Prior thereto, the statute did not contemplate application of the provisions of the Customs Act and the rules … Act would include additional duty under the Customs Tariff Act. Additional duty can be levied in terms of Section 3 of the said Act. For computation of additional duty, in terms of Sub-Section (6) of Section 3, the

Sandeep Vs. State of Kerala

Court : Kerala

Subject : Civil

Acts : Kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 - Sections 3 and 4; Constitution of India - Article 141

Reported in : AIR2005Ker148; 2005(1)KLT549

enactment of Kerala Self-financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 (Act 17 of 2004), the students admitted under Government quota cannot be subjected to pay the fees fixed … be followed in the self-financing professional colleges. Necessarily, this is correlated with the procedure provided for admission in Section 3. The candidates admitted against the seats in Government Quota need pay only the fees prescribed for the corresponding … petitioners are the students of medicine having been admitted to the self- financing colleges for the academic year 2003-2004. They had, by now, completed their

Sen Vs. Co-operative Medical College

Court : Kerala

Subject : Constitution

Acts : Kerala Self-Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 - Sections 3(2) and 3(4)

Reported in : AIR2005Ker245; 2005(2)ESC1362; 2005(1)KLT612

entire Section 3, which reads as under:'3. Procedure for admission into self financing professional colleges:--(1) Notwithstanding anything contained in any law for the time being … of the Kerala Self-financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 (hereinafter referred to as 'the Act'). The Writ Appeals are directed against the orders of the learned Single … into M.B.B.S. course for the academic year 2004-05 and involves interpretation of the proviso to Sub-section (4) of Section 3 of the Kerala Self-financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees)

The Sahrdaya College of Engineering and Technology Vs. the University ...

Court : Kerala

Subject : Constitution

Acts : Indian Medical Council of India Act, 1956 - Sections 10A, 10(2), 10A(1), 10A(2), 11, 11(2) and 19; Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 - Sections 20; Calicut University Act - Sections 2(7), 2(16) and 68A; Calicut University Ordinances; Calicut University Regulations; Calicut University Rules; University Laws (Amendment) Act; Kerala Self-Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 - Sections 3, 3(1), 3(2) to (6) and 4; University/Government/Medical Council of India Rules; Constitution of India - Articles 19(1) and 226;

Reported in : 2009(3)KLJ185

affiliation of the petitioners herein have been challenged in these writ petitions. All the petitioners are Private Self Financing Colleges. Petitioners in W.P. (C). 19599/2009 & 19600/2009 are the Managers of Self Financing Engineering Colleges and the … extract the same.We find considerable force in the submission of the learned senior counsel for the 1st respondent. Section 3(1) of Act 17/2004 reads as follows.3. Procedure for admission into self financing professional colleges (1) Notwithstanding any thing

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance (No. 2) Act, 2004 (23 of 2004);(vii) the additional duty leviable under Section 3 of the Customs Tariff Act, equivalent to the … Importance) Act, 1957 ( 58 of 1957);v. the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of 2001), as amended by Clause 161 of the Finance Bill, 2003, which clause has, by

The University of Calicut Vs. the Director, Amala Institute of Medical ...

Court : Kerala

Subject : Constitution

Acts : Calicut University Act - Sections 23(1); Calicut University Rules; Calicut University Regulations; Calicut University Ordinances; Graduate Medical Education Regulations, 1997; Indian Medical Council Act - Sections 11(2); Kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 - Sections 3 and 3(1); Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 - Sections 3; Constitution of India - Articles 19(1) and 226

Reported in : 2009(1)KLJ820

the Kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 (Act 17/2004). According to the said provision, notwithstanding anything contained in any other law, the method under Section … and the decision of the University incorporating the regulations of the MCI etc, stood repealed or abrogated by Section 3 of Act 17/2004. The said Act was challenged before the Apex Court and the Apex Court passed an … the case are the following: The 1st respondent is managing a Self Financing Medical College established under the jurisdiction of the University of Calicut The

Ajith George Vs. State of Kerala

Court : Kerala

Subject : Constitution

Acts : All India Council for Technical Education Act; Kerala Self Financing Professional Colleges Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees Act, 2004 - Sections 3, 3(1) and 3(2) to 3(6); Constitution of India - Article 14

Reported in : 2006(3)KLT743

the Kerala Self Financing Professional Colleges Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees Act, 2004 specifically recognises such a qualification in section thereof. Section 3 reads as under:Procedure for admission into self financing … of merit, has been emphasized by the Supreme Court, vis-a-vis the necessity to give autonomy to the self financing colleges in the decision of T.M.A. Pai Foundation cases v. State of Karnataka, reported in : AIR2003SC355 are