Court : Supreme Court of India
Reported in : (2009)1SCC308; (2008)18VST436(SC):2008AIRSCW8263
..... it is urged that guljag industries (supra) proceeded on the basis of the law as it stood after the amendment made to section 78(5) of the 1994 act by act 7/02 by which the entity which is sought to be penalized is the owner of the goods or a person authorized in writing by such owner or the ..... accordingly issued show cause notice to the appellant under section 22a(7) to show cause why penalty should not be imposed for violation of section 22a(3) of the 1954 act. in that case also the consignee (importer) pleaded mistake in filling the declaration form. the consignee (importer) pleaded lack of knowledge of hindi language. the a.o. ..... of this chapter,-(i) 'vehicle or carrier' shall include any means oftransportation including an animal to carry goods from one point to another point;(ii) 'goods' shall include animals also; and(iii) 'goods in movement' shall means,-(a) the goods which are in the possession or control of a transporting agency or person or other such bailee;(b) the goods which .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj31; (1973)GLR10
..... ; (4) implementation of intensive cattle development programme; (5) increase in productivity of cattle in gujarat; (6) implementation of cattle feeding scheme; (7) introduction of cattle disease control: (8) introduction of rural dairy extension programme; and (9) implementation of cattle marketing programme it is clear from these enumerations made in the affidavit-in-reply that the ..... t he instant case. in the affidavit-in-reply filed on behalf of the state government, it has been stated that the bombay essential commodities and cattle (control) act. 1958, has received the assent of the president after its enactment, the question is whether the assent of the president after its enactment, can cure the infirmity ..... person has reason to believe that a contravention of the order has been. is being or is about to be committed and of any vehicle, vessel or animal which he has reason to believe has been, is being or is about to be used for carrying such articles, the grant or issue of licences, .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC314; (1998)IMLJ184
..... recognition of another as a co- sharer of his convey title to him of immovable property, without observing any of the formalities required by law for it'.27. in the controller of estates duty, andhra pradeesh, hyderabad v. kancharla kesava rao, : [1973]89itr261(sc) , their lordships accepted the principle enunciated in commissioner of income-tax, gujarat v. ..... what was the mischief and defect for which the common law did not provide.3rd, what remedy the parliament hath resolved and appointed to cure the disease of the common wealth, and4th. the true reason of the remedy; and then the office of all the judges is always to make such ..... daughters. separate schedule of properties were given regarding allotment to appasami naidu and all ms daughters. proceedings were initiated against late appasami naidu under the land reforms act. appasami naidu contended that his holding was within the ceiling limits and that he had no property to surrender. this contention was not accepted by the authorised .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... did not decide. [see also: mittal engg. works (p) ltd. v. cce : 1996(88)elt622(sc) ; jagdish lal v. state of haryana : air1997sc2366 ; divisional controller, ksrtc v. mahadeva shetty : air2003sc4172 .]....28. we will now analyse that whether the observations of the court in municipal corporation of greater bombay case (supra) as extracted from paragraph ..... intent to balance the power of the state of 'eminent domain'. the state possessed the power to take or control the property of the owner for the benefit of public cause, but when the state so acted, it was obliged to compensate the injured upon making just compensation. compensation provided to the owner is the ..... or construction of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide; or (c) by making an application to the state government for acquiring such land under the la act. sub- section (2) provides that on receipt of such application or on its own motion .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H259; (1990)98PLR666
..... market committee, sangrur, nowhere comes into the picture and renders him no service. the market committee, according to the petitioner, does not exercise any supervision control on purchases and sale made by him nor had the market committee established any market-yard or sub-market yard for the sale of timber and fire wood ..... clause (i) to mean any area notified under section 6, 'state agricultural marketing board is constituted under section 3 and the board exercises superintendence and control over the market committees. the provision of declaration of notified market area is to be found in section 6(1), which empowers the state government to declare ..... produce. clause (a) of section 2 defines 'agricultural produce' to mean all produce, whether processed or not, of agricuture, horticulture, animal husbandry or forest as specified in the schedule to the act. 'dealer' is defined in clause (f) to mean any person who within the notified market area sets up, establishes or continue or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1167; 1999(2)ALT25(SC); 1999(47)BLJR1578; 1999(2)CTC72; (1999)3GLR2135; JT1999(2)SC141; 1999(2)KLT73(SC); 1999(2)SCALE32; (1999)3SCC176; [1999]1SCR1048; 1999(1)LC7
..... area in which the person concerned exercising jurisdiction.8. no advocate shall be entitled to practice if in the opinion of the council he is suffering from such contagious disease as makes the practice of law a hazard to the health of others. this disqualification shall last for such period as the council directs from time to time.28 ..... per rule 15(b) shall be entitled to appear in the court for seeking adjournments and to make mentioning on instruction of their guide and shall be under disciplinary control of the state bar council and the bar council of india. rule 15aa provides that 'in case period of training of a particular candidate is extended by the ..... advocates;(e) to promote and support law reform;(f) to deal with and dispose of any matter arising under this act, which may be referred to it by a state bar council;(g) to exercise general supervision and control over state bar councils;(h) to promote legal education and to lay down standards of such education in consultation with the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1
..... through one of us, desai j., held that the legislative power of the state under entry 24, list ii, was eroded only to the extent to which control was assumed by the union government pursuant to the declaration made by the parliament in respect of a declared industry and that the field occupied by such enactment was ..... by which, the property and income of a state is exempt from union taxation. this court, while rejecting the corporation's claim, held that though it was wholly controlled by the state government it had a separate entity and its income was not the income of the state government. gajendragadkar, c.j., while speaking for the court, ..... m.p. act of 1973, under which special areas and special area development authorities are constituted afford an effective answer to the attorney general's contention. entry 23 of list ii relates to 'regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR61; 2006(199)ELT8(Bom)
..... principle of ejusdem generis would apply. in that context, he referred to the judgment of the hon'ble supreme court in the case of george da costa v. controller of estate duty, mysore : [1967]63itr497(sc) . in paragraph no. 6 of the aforesaid judgment, the hon'ble supreme court has observed as under:-' ..... harishankar further submitted that the powers of settlement commission under chapter xiv-a are exhaustive. referring to the provisions of section 127-c(1) of the customs act, mr. harishankar has contended that even at the initial stage after receiving application, the settlement commission calls for report from the commissioner concerned, and at that ..... previously concluded proceedings are reopened which would normally be to the prejudice of the assessee.'34. referring to the provisions of section 127h(1) of the customs act, mr. harishankar has pointed out that the settlement commission is empowered to grant immunity from prosecution, fine and penalty, and that this power is discretionary. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP314
..... . . . ... .'this, it may be pointed cut, is in pari materia with sub-section (3) of section 25 of the hyderabad houses (rent, eviction and lease) control act (hyderabad act no. xx of 1954) which has been considered by mohammed ahmed ansari, j. (as he then was) in brijmohanlal v. rajalingam, 1959 andh lt 206. the question whether ..... 1956 andh wr 1079) considered the question of revisional powers under section 12-b of the madras buildings (lease and rent control) act, 1949 which is in pari materia with section 22 of the andhra pradesh act xv of 1960. after referring to the connotation of the words 'legality, regularity or propriety' employed in section 64a of ..... sub-section (3) of section 20 of the andhra pradesh buildings (lease, rent and eviction) control act (andhra pradesh act xv of 1960). that provision reads:'the appellate authority shall send for the records of the case from the controller and after giving the parties an opportunity of being heard and, if necessary, after making such .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)
..... contention. the assessee further submits that the shipping bill (p. 9 of paper book-i) clearly described the pre-recorded beta-cam tape as goods. exchange control declaration form no. aj (p. 10 of paper book-i) also described it as goods. the customs department which is the another wing of the ministry ..... the contract for sale other than the money in which the price is to be paid, investment securities and things in action. also includes the unborn of animals and growing crops and other identified things attached to realty as fixtures. u.c.c. 8 2-105(1). all things treated as movable for the ..... which is akin to sale is also deemed to be a sale as per the said constitutional amendment. the statement of object and reasons of the constitution (forty-sixth amendment) act, 1982, amongst others states as under:'1. ..... ..... .......2. ...... ...... .......3. ....... ....... .......4. ....... ........ ......5. ......... ........ ........6. device by way of lease of films has also been resulting .....
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