Court : Supreme Court of India
Reported in : AIR1998SC2526; 1998(62)ECC266; 1998(101)ELT529(SC); JT1998(5)SC16; 1998(4)SCALE141; (1998)6SCC79; [1998]3SCR708
..... fraudulent and, therefore, the question of exercising the discretion for extending the period for filling the import manifest as provided under section 30(1) of the act or for considering amendment or supplementation of the manifest would not arise even if a request would have been made for such extension of the time limit for filling of the manifest ..... conveyance carrying imported goods which has entered india and is afterwards found with the whole or substantial portion of such goods missing, unless the master of the vessel or aircraft is able to account for the loss of, or deficiency in, the goods.(2) any conveyance or animal used as a means of transport in the smuggling of ..... conveyance carrying imported goods shall, within twenty-four hours after arrival thereof at a customs station, deliver to the proper officer, in the case of a vessel or a aircraft, an import manifest, and in the case of a vehicle, an import report, in the prescribed form:provided that,-(a) in the case of a vessel any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1999)153CTR(SC)105
..... , then, in respect of that previous year, of a sum by way of investment allowance equal to twenty-five per cent of the actual cost of the ship, aircraft, machinery or plant to the assessee.(iii) in a small-scale industrial undertaking for the purposes of business of manufacture or production of any other articles or things'.relevant ..... purpose of business of manufacture or production of any article or thing. relevant portion of section 32a runs thus :'32a.(1) in respect of a ship or an aircraft or machinery or plant specified in sub-section (2), which is owned by the assessee and is wholly used for the purposes of the business carried on by him ..... or changes are treated as amendment coming into force with effect from the date of enforcement of re-enacted provision. viewed in this background, the effect of re-enacted provision of section 80jj was that profit from the business of livestock and poultry which enjoyed total exemption under section 10(27) of the act from assessment years 1964-65 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(1)KLT3(SN); 2012(1)SCC619; AIR2011SCW6666; 2012(3)SCJ222
..... was indicated that the settlement was in supersession of all previous agreements, record notes, understandings, awards and past practices in respect of matters specifically dealt with or amended or modified. it was stipulated that the settlement would be implemented after the same was approved by the board of directors of air india limited. the result ..... note is that the separate and distinct cadres of male and female cabin crew were continued in respect of promotional avenues, hierarchy and job functions on board an aircraft. 8. subsequently, on 5th june, 1997, a settlement was arrived at between the appellants and air india that all earlier settlements, awards, past practices, ..... appeals), mr. pramod b. agarwala, learned advocate for the appellants in slp(c)nos. 20679- 20682 of 2007, contended that the appellant no.1, association, is a registered trade union under the trade unions act and represents the largest number of cabin crew in the country, both prior to and after 1997 of both air .....
Tag this Judgment!Court : Supreme Court of India
..... . but no such attempt was made."(at page 933,934) 36. in shree hanuman cotton mills and anr. v. tata aircraft limited, 1970 (3) scr127it was held: "from a review of the decisions cited above, the following principles emerge regarding "earnest ..... party who has broken the contract reasonable compensation not exceeding the amount so named."32. by an amendment made in 1899, the section was amended to read:"4. compensation for breach of contract where penalty stipulated for.- when a contract has been ..... (rupees eleven crores seventy eight lakhs).11. the learned single judge by a judgment and order dated 10.9.2007 dismissed the appellant's suit for specific performance and damages but ordered refund of the earnest money forfeited together with ..... performance to a future date without fixing any further date for performance. this was accepted by the plaintiffs by their act of forbearance and not insisting on performance forthwith. there is nothing strange in time for performance being extended, even .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... the section, the appropriate government may commute a sentence of death, for any other punishment provided by the indian penal code.160. with effect from december 18, 1978, the crpc (amendment) act, 1978, inserted new section 433a, which runs as under :433a. restriction on powers of remission or commutation in certain cases-notwithstanding anything contained in section 432, where a sentence of ..... minor (article 117); taking a bribe, with especially aggravating circumstances (article 173); infringing the life of a policeman or people's guard, with aggravating circumstances (article 191(2)); hijacking an aircraft, if the offence results in death or serious physical injuries (article 213(2)); resisting a superior or compelling him to violate official duties, an offence applicable only to military personnel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(88)ECC2; 2003(154)ELT350(SC); (2003)11SCC361
..... other person : provided that where an application for refund has been made before the commencement of the central excise and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this subsection as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by that ..... be, the excisable materials used in the manufacture of such goods, - (i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves india; or (ii) if the goods are exported by land, the date on which such goods pass the frontier; or (iii) if ..... e) in the case of a person, other than the manufacturer, the date of purchase of the goods by such person;' (emphasis added) 3. section 11b was amended in 1991. after the amendment by virtue of sub-clause (a) in explanation 'b' of section 11b even a purchaser can claim refund. a manufacturer has to file his claim for refund .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... the section, the appropriate government may commute a sentence of death, for any other punishment provided by the indian penal code.160. with effect from december 18, 1978, the crpc (amendment) act, 1978, inserted new section 433a, which runs as under :433a. restriction on powers of remission or commutation in certain cases-notwithstanding anything contained in section 432, where a sentence of ..... minor (article 117); taking a bribe, with especially aggravating circumstances (article 173); infringing the life of a policeman or people's guard, with aggravating circumstances (article 191(2)); hijacking an aircraft, if the offence results in death or serious physical injuries (article 213(2)); resisting a superior or compelling him to violate official duties, an offence applicable only to military personnel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2285; JT1993(3)SC520; 1993LabIC1251; (1993)IILLJ544SC; 1993(2)SCALE921; 1993Supp(3)SCC9; 1993(3)SLJ12(SC); (1993)2UPLBEC1173
..... .method of recruitment is direct recruitment through the union public service commission. when the candidates in required number did not apply for, the rules have been further amended in 1989 with the following modified qualifications:essential1. 10+2 physics, chemistry & mathematics. 2(i) should have held a senior commercial pilot's licence.(ii) ..... ) experience of not less than 2500 hours as flight navigator with category 'a' and endorsement to fly vips/vvips on all routes in i.a.f. aircrafts.orb(i) should hold or have held an indian flight navigators' licence.(ii) experience of 2000 hours as flight navigator on international routes.desirable(i) degree ..... the constitution which read thus:309. recruitment and conditions of service of persons serving the union or a state - subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)1065; AIR1996SC1356; JT1996(2)SC295; (1996)1MLJ118(SC); 1996(2)SCALE218; (1996)2SCC405; [1996]2SCR767
..... government to frame such rules when it was so desired by the parliament. clause (e) to sub-section (2) of section 7 was introduced by amending act 47 of 1957. if the conditions and restrictions subject to which any telegraph - telephone line is to be established, maintained or worked had been prescribed by ..... to such restrictions and conditions as it thinks fit, the establishment, maintenance and working -(a) of wireless telegraphs on ships within indian territorial waters and on aircraft within or above india, or indian territorial waters and (b) of telegraphs other than wireless telegraphs within any part of india.(2) the central government may, ..... which says that 'the central government may, by rules made under this act' permit subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working -(a) of wireless telegraphs on ships within indian territorial waters and on aircraft within or above india, or indian territorial waters and (b) of telegraphs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC187; 2003(4)ALD97(SC); 2003(4)ALLMR(SC)364; JT2003(5)SC413; (2003)IIILLJ1SC; 2003(5)SCALE208; (2003)6SCC277; 2003(2)LC1358(SC); (2003)2UPLBEC1852
..... for fresh recruitment. in such a situation even though declaration under section 16 was made and notified on 15.6.1979 i.e. before amendment introduced to section 5 of the e.r. act of 1976 by amendment act of 49 of 1987, the said declarations which is taken note of and relied in the decision in nergesh meeza's case of this ..... after examining the stand and justification shown by the employer. the discussion and the conclusion reached for upholding different ages of retirement of male and female employees on the aircraft are contained in paragraphs 105 to 113 of the judgment. the court made a survey of retirement ages of male and female members of the crew on board in ..... ) attempt was made to persuade the court to hold that the air functions between male and female members of the crew so as to allow them to operate the aircraft with only 14 crew members. justice mahesh chandra tribunal gage its award on 25.2.1972 in which air india's claim for interchangeability of the job functions of male .....
Tag this Judgment!