Advanced Search Results

Union of India (Uoi) and ors. and State of Delhi (Now Delhi Administra ...

Court : Supreme Court of India

Subject : Criminal

Acts : Essential Supplies (Temporary Powers) Act, 1946 - Sections 3, 4, and 7; Defence of India Act; Essential Commodities Act, 1955; Constitution of India - Articles 19, 19(1), 31, 31(2) and 132(1); Defence of India Rules - Rule 81(2)

Reported in : AIR1960SC475; [1960]2SCR627

of the Act but also the impugned Control Order. This order was the Cotton Textile (Control of Movement) Order, 1948. Section 3 of the Control Order in particular was challenged as infringing the rights of a citizen guaranteed under … against the orders passed by the said High Court by which clause 11B of Iron and Steel (Control of Production & Distribution) Order, 1941 (hereinafter … of the commodities in question, the demand for the said commodities, the availability of the said commodities from foreign sources and the anticipated increase or decrease in the said supply or demand. Foreign prices for the said

Centuary Ecka Vs. the State of Rajasthan

Court : Rajasthan

Subject : Sales Tax

Reported in : [1987]67STC103(Raj)

while dealing with Section 21 of the U. P. Sales Tax Act, 1948, which contained the words 'reason to believe' held that the assessing authority … and required the appellant-firm to show cause why the difference of tax calculated and leviable and interest under Section 11B of the Rajasthan Act may not be recovered. By these notices the Assistant Commercial Taxes Officer, Jodhpur, proposed … was without authority of law or ultra vires the Sales Tax Act and the Rules which question was foreign to the jurisdiction of the appellate and revisional authorities under the Sales Tax Act and, therefore, a writ … this Court on October 7, 1985 and it is against the said order of dismissal of Writ Petition No. 1828 of 1985 that M/s. Centuary

The State of Kerala and ors. Vs. Annam and ors.

Court : Kerala

Subject : Constitution

Acts : Kerala High Court Act, 1959-66 - Sections 5 and 5(1); Code of Civil Procedure (CPC) , 1908 - Sections 2(2) and 2(9); Kerala Rice and Paddy (Procurement by Levy) Order, 1966 - Sections 7; Essential Commodities Act, 1955 - Sections 3, 3(2), 3(3), 3(3B) and 3(6); Constitution of India - Articles 14 and 31(2); Kerala Paddy and Rice (Declaration and Requisitioning of Stocks) Order, 1966; Kerala Paddy (Maximum Prices) Order, 1965; Kerala Rice (Maximum Prices) Order, 1965

Reported in : AIR1969Ker38

fair prices.'In Harishankar Bagla's case, AIR 1954 SC 465, Clause 3 of the Cotton Textiles (Control of Movement) Order, 1948 issued by the Central Government under Sections 3 and 4 of the Essential Supplies (Temporary Powers) Act, 1946 … SC 475, where their Lordships had to consider the question whether Clause 11B of the Iron and Steel (Control of Production and Distribution) Order, 1941, … of the commodities in question, the demand for the said commodities, the availability of the said commodities from foreign sources and the anticipated increase or decrease in the said supply or demand. Foreign prices for the said … which of the two sub-sections viz., Sub-section (3) or Subsection (3B) of Section 3 of the Act has application. ......... Be that as it may,

Kishori Shetty Vs. Emperor

Court : Mumbai

Subject : Criminal

Acts : Bombay Abkari Act, 1878 - Sectcions 14B(1), 43 and 45A; Government of India Act, 1935 - Sections 100; Code of Civil Procedure (CPC)

Reported in : AIR1950Bom221; (1950)52BOMLR29

generally.' Under this section the Government issued a notification on 3lst March 1948, being Notification No. 7147/39, by which it prescribed the quantities which should … ware-housemen or persons who had purchased foreign liquor bona fide for their private consumption.4. Now, the proviso to Section 11B (1) was repealed by Act vi [6] of 1940 and that was a Governor's Act when the Governor … the Provincial Legislature has the competence to control or restrict the possession by a citizen in respect of foreign liquor. In order to understand this argument we must first look at the scheme of the Bombay Abkari

Cipla Ltd. Vs. Union of India

Court : Mumbai

Subject : Excise

Acts : Central Excise Act; Central Excise Rules, 1944 - Rule 8(1); Evacuees Property Act

Reported in : 1993LC38(Bombay); 1993(67)ELT61(Bom)

the issued capital had left the country after partition in the year 1948 that cannot lead to the conclusion that the petitioner company is not … made clear that as the samples were handed over free the hospitals and medical practitioners the application of Section 11B of the Central Excise Act does not comes into play. In case the department fails to make the … Companies Act, 1956(1 of 1956), a company..... (i)which does not hold any share in the capital of any foreign company, and (ii)no part of the capital of which is held by foreigner or a foreign company; (b)where … list filed by the company, the Assistant Collector of Central Excise by order dated March 17,1982 held that the company is not entitled to exemption

Thanmal Surana and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3, 3(2), 3(3), 3(3A), 3(5) and 5; Constitution of India - Articles 19, 19(1), 19(5), 19(6), 31(2), 105 and 245; Gram (Rajasthan) Price Control Order, 1958

Reported in : AIR1959Raj206

direction.' 6. Under powers conferred by Section 3, the Central Government promulgated the Cotton Textiles (Control of Movement) Order, 1948 which provided that no person should transport or cause to be transported by rail, road, air, sea or … we will refer to them as 1941 and 1943 Orders respectively. Clause 11B of the 1941 Order empowered the Controller from time to time by … C. J. who delivered the judgment of the Full Bench, after a very elaborate review of Indian and foreign decisions on the point held in favour of the constitutional validity of the provisions of the Act of

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ExciseConstitution

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

for recovery of duties not levied or not paid or short levied or short paid or erroneously refunded. Section 11B, which too was introduced with effect from the same date and by the same Amendment Act (Act 25 … presumption contained in Section 12-B holding that the said presumption is attracted to pending proceedings as well.DECISIONS OF FOREIGN COURTS ON THE SUBJECT:50. A number of decisions rendered by foreign courts have been brought to our notice, … 1980 (with effect from October 11, 1982) provides for appeals against the orders of the original and appellate authorities. In certain matters, a reference is … certain forward contracts in silver bullion at Benaras. For the Assessment Years 1948-49, 1949-50 and 1950-51, the forward transactions were brought to tax under assessment

Premchand Jechand Vs. K.G. Sanghrani, Assistant Director and ors.

Court : Gujarat

Subject : Civil

Reported in : (1968)9GLR777

v. The State of Madhya Pradesh : 1954CriLJ1322 . Clause 3 of the Cotton Textile (Control of Movement) Order, 1948 which provided that no person shall transport or cause to be transported any cloth, yarn or apparel except … Ltd. : [1960]2SCR627 , the Supreme Court upheld the validity of Clause 11B of the Iron and Steel (Control of Production and Distribution) Order, 1941 … of the commodities in question, the demand for the said commodities, the availability of the said commodities from foreign sources and the anticipated increase or decrease in the said supply or demand. Foreign prices for the said … and commerce in, certain commodities essential for the life of the community. Section 2 which is the definition section, by Clause (a), defines 'essential commodity'

Shree Meenakshi Mills Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Constitution

Acts : Cotton Textiles (Control) Order, 1948; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3; Essential Commodities Act, 1955 - Sections 2; Constitution of India - Articles 14, 19(1), 301 and 358

Reported in : AIR1974SC366; (1974)1SCC468; [1974]2SCR398

The first impugned notification is issued by the Textile Commissioner under Clause 22 of the Cotton Textiles (Control) Order, 1948 hereinafter referred to as the 1948 Order. The notification determines the ex-factory price of count of yarn of … price from time to time was challenged on the ground that Clause 11B should have referred to the prices of some specified year as basic … average of prices ruling in the last quarter of 1970. As a compensation, the participating mills were allotted foreign cotton at a concessional rate of premium and were permitted to sell such cotton in the market. The … thereof is ultra vires the powers conferred on the Central Government by Section 3 of the Essential Supplies (Temporary Powers) Act, 1946 hereinafter referred to

Jyoti Phoschem Vs. State of Punjab and ors.

Court : Punjab and Haryana

Subject : Sales Tax

Acts : Punjab General Sale Tax Act, 1948 - Sections 30A; Punjab General Sale Tax (Deferment and Exemption) Rules, 1991 - Rules 4, 4(3), 4(4), 4A and 4B; Punjab Industrial Incentive Code, 1996

Reported in : [2002]128STC466(P& H)

notice, annexure P6, issued by the Excise and Taxation Officer-cum-Asses sing Authority, Amritsar-I, under Section 18 read with Section 11B of the 1948 Act requiring it to show cause against the proposed imposition of penalty and levy of … migrated to Pakistan within the meaning of Article 7 of the Constitution of India and thus, was a foreigner. While upholding the decision of the High Court, the majority of the Supreme Court referred to the non … existing unit by claiming that it had made investments for expansion in order to avail of the benefit of the new industrial policy which was