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Dec 16 2005

T.T.K.-lig Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Dec-16-2005

Subject : Service Tax

Reported in : (2006)(193)ELT169TriDel

apart from the fact that having regard to the nature and purpose of the cess levied under the Textiles Committee Act, 1963, although credited to the Consolidated Fund of India and then disbursed to the Textile Committee, it still had … Industries, held that the Customs Tariff Act, 1975 was preceded by the Indian Tariff Act, 1934 and in Section 2A of the Tariff Act of 1934, a provision was made for levy of countervailing duty. That section stipulated

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Jan 06 1986

Mukunda Vs. Managing Director, K.S.R.T.C.

Court : Karnataka

Decided on : Jan-06-1986

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 18(1), 25B, 25B(1), 25B(2), 25C, 25F, 25J and 33C(2); Payment of Gratuity Act, 1972 - Sections 2, 2A, 4 and 6

Reported in : ILR1986KAR769; (1986)ILLJ470Kant

the Supreme Court stated thus : at page 313 and 314. 'The Report of the Badli Labour Enquiry Committee, Cotton Textile Industry, 1967, no doubt shows that the badli employees are an integral part of the textile … case (supra) amended the definition of the words 'continuous service' under S. 2A as introduced by S. 4 of the Payment of Gratuity (Second Amendment) … worked' as they appear in S. 25B(2) of the Act. 10. The decision of this Court in Mahadev Textile Mills v. Industrial Tribunal & Another 1976 (1) K.L.J. 315 is of no assistance to the Corporation since … shall cease to be regarded as such for the purposes of this Section, if he has completed one year of continuous service in the establishment.'

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Nov 03 2003

Elias and Company Vs. Sales Tax Officer

Court : Kerala

Decided on : Nov-03-2003

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 14(1), 14(1A) and 14(5); Constitution of India - Article 246(1); Central Sales Tax Act, 1956

Reported in : 2004(1)KLT245; [2004]135STC241(Ker)

a reasonable relationship between the levy of fee and services rendered. In Sirsilk Ltd. and Ors. v. The Textiles Committee and Ors. (AIR 1989 SC 317) quoting from Sreeniwasa General Traders' case (supra), the Apex Court observed as … Koshy, J.1. Petitioners in these cases challenge Sections 14(1), 14(1A) and 14(5) of the Kerala General Sales Tax Act, 1963 (hereinafter referred to as The Act') as unconstitutional and invalid. All the petitioners herein are dealers registered under … J.B. Koshy, J.1. Petitioners in these cases challenge Sections 14(1), 14(1A) and 14(5) of the Kerala General Sales Tax Act, 1963

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Nov 25 1994

Goodricke Group Ltd. and ors. Vs. State of W.B. and ors.

Court : Supreme Court of India

Decided on : Nov-25-1994

Subject : Constitution

Acts : West Bengal Taxation Laws (Second Amendment) Act, 1989 - Sections 2 and 3; West Bengal Rural Employment and Production Act, 1976 - Sections 3, 4(2A), 4(3), 4(4) and 4B; Constitution of India - Article 14; Tea Act, 1953 - Sections 16B(1), 16C, 16D and 25(1); West Bengal Primary Education Act, 1953 - Sections 78(2A)

Reported in : 1995(50)ECC138; JT1994(7)SC577; 1994(4)SCALE1138; 1995Supp(1)SCC707; [1994]Supp6SCR120; [1995]98STC32(SC)

forbidden sphere. Hence the rule which has been evolved by the Judicial Committee whereby the impugned statute-is examined to ascertain its 'pith and substance' or … by local hoards upon land used for holding markets created by Section 62 of the Assam Local Self-Government Act, 1963. While dealing with the challenge, Wanchoo, J., speaking for the Court, observed:It is well-settled that the entries in … on the actual or the potential productivity of the land sought to be taxed. In other words, the textile, reference to the income actually made or which could have been made, with the diligence, and therefore, is

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Mar 01 1982

Shri Ramlinga Mills Private Ltd. and ors. Vs. Assistant Collector of C ...

Court : Kerala

Decided on : Mar-01-1982

Subject : Customs

Acts : Customs Tariff Act, 1975; Finance Act, 1976 - Sections 32(1); Customs Act, 1962 - Sections 2(11), 2(12), 2(13) 2(23), 2(27), 2(28), 7, 12, 15, 15(1) 25, 30, 46, 68 and 111; Indian Tariff Act, 1934 - Sections 2A; Territorial Waters, Continental Shelf, exclusive Economic Zone and other Maritime Zones Act, 1976 - Sections 5; Customs Act, 1878 - Sections 20(2); Constitution of India - Article 246

Reported in : 1989(22)LC36(Kerala); 1983(12)ELT65(Ker)

has been referred to with approval by our Supreme Court. The Judicial Committee of the Privy Council too explained the concept of 'import' in the … Court in In re : Sea Customs Act (1878) Section 20(2), A.I.R. 1963 S.C. 1760. Paragraph 26 contains these observations :'Similarly in the case of … from duty of customs leviable under the first schedule as also the whole of the additional duty under Section 2A of the Indian Tariff Act. Exemption in respect of auxiliary duty of customs leviable under Section 32(1) of … A question of nicety concerning levy of import duty arises in this batch of writ petitions filed by Textile Mill Owners engaged in the manufacture of cotton viscose blended yarn. Though the question is a nice and

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May 26 1986

Shri Ramakrishna Mills Ltd. and ors. Vs. Assistant Collector of Custom ...

Court : Kerala

Decided on : May-26-1986

Subject : Customs

Reported in : 1988(18)ECC75

has been referred to with approval by our Supreme Court. The Judicial Committee of the Privy Council too explained the concept of 'import' in the … Supreme Court in In re: Sea Customs Act (1878) Section 20(2), AIR 1963 SC 1760. Paragraph 26 contains these observations:Similarly in the case of duties … from duty of customs leviable under the First Schedule as also the whole of the additional duty under Section 2A of the Indian Tariff Act. Exemption in respect of auxiliary duty of customs leviable under Section 32(1) of … A question of nicety concerning levy of import duty arises in this batch of writ petitions filed by textile mill owners engaged in the manufacture of cotton viscose blended yarn. Though the question is a nice and

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Feb 25 1988

Pappu and anr. Vs. Raja Tile and Match Works

Court : Kerala

Decided on : Feb-25-1988

Subject : Labour and Industrial

Reported in : (1989)ILLJ14Ker

festival holidays in 1978-79.5. Regarding national and festival holidays, the Standing Labour Committee constituted by the Government of India expressed the view that the industrial … treat a dispute raised by one individual employee also as an industrial dispute as has been done under Section 2A of the I.D. Act itself.26. In Bawa Singh v. State of Punjab (1974) Lab. I.C. 425 the Punjab … in a court of law. Subsequently, when in 1948 and 1949, there was a bonus dispute in the textile industry in Bombay, the dispute was referred to the Industrial Court which expressed the view that both labour … that the Supreme Court held in Central Bank of India v. Rajagopalan 1963-II-LLJ-89 thus at pp. 94-95:The construction should not be so broad as to

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Jun 04 1975

Ramappa Bhimappa Kulgod and ors. Vs. Union of India and ors.

Court : Karnataka

Decided on : Jun-04-1975

Subject : Commercial

Acts : Essential Commodities Act, 1955 - Sections 3 and 3(1); Constitution of India - Articles 14, 19(1), 19(6), 226 and 369; Cotton Textiles (Control) Order, 1948; Essential Supplies (Temporary Powers) Act, 1946 - Sections 2 and 3

Reported in : AIR1975Kant215; ILR1976KAR80; 1975(2)KarLJ359

review the condition prevailing in the power-loom industry, the Government of India appointed on January 8. 1963, a committee presided over by Sri Ashok Mehta (hereinafter referred to as the Committee) to enquire into the problems of … and distribution of essential commodities by the name the Essential Supplies (Temporary Powers) Act, 1946. Cotton and Woollen textiles were listed as one of the essential commodities under Section 2(a)(i) of the said Act. Section 3 of … along with the appeal against the original decree. -- Order 39, Rule 2A : Order passed under Held, Even if an application under Order 39

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Feb 28 1978

Shivraj Fine Arts Litho Works and ors. Vs. the State Industrial Court, ...

Court : Supreme Court of India

Decided on : Feb-28-1978

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947; Minimum Wages Act, 1948 - Sections 3(2A) and 5

Reported in : AIR1978SC1113; [1978(36)FLR347]; (1978)ILLJ532SC; (1978)2SCC601; [1978]3SCR411

as special allowances.3. The Industrial Court made its award on May 10, 1963. The award divided the employers into two classes being Classes A and … by the Government will bind the parties. It has been decided in Ahmedabad Mill Owners' Association v. The Textile Labour Association : [1966]1SCR382 that in an industrial dispute a basic minimum wage can be fixed when the … procedure under which the minimum wage is to be fixed and revised. Provision is made for appointment of committees and consultation of the persons concerned before the minimum wage is fixed. The procedure is that in the … Under Section 38A of the C. P. and Berar Industrial Disputes Settlement Act, 1947, before the State Industrial Court, which were numbered as references 9,

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Sep 14 1992

Mathura Bai Fatechand Damani Maternity Home Vs. the Regional Provident ...

Court : Rajasthan

Decided on : Sep-14-1992

Subject : Service

Reported in : 1992WLN(UC)206

Daga, looking after the three institutions and, there is a common Managing Committee for all the three; on this basis, it was contended that there … founded by Suraj Ratan Fatechand Damani, under an indenture dated 20th June, 1963 at Bombay. Its founder trustees who were discharging obligations under this Trust … to a finding whether the petitioners are one and the same establishment or different establishments in accordance with Section 2A of the Employees Provident Fund Act. If it is held that these are not, the petitioner is not … the one establishment.21. In Honourary Secretary, South India, Mill-owners Association and Ors. etc. v. The Secretary, Corribinator District Textile Workers Union, etc. : (1962)ILLJ223SC , the Court was dealing with a case of Industrial Disputes arising out

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