Court : Allahabad
..... shipper at the entry point, provided such gas is properly nominated by shipper, (ii) transporting such quantity of gas through transporter's facilities; and (iii) making such quantity of gas available for delivery to (or for the account of) shipper, including, if applicable, transferring custody of such gas to the downstream operator at the exit point as directed by shipper for the purpose of onward transmission of such quantities through the downstream pipeline to the consumer ..... subject to aforesaid proposition of law with regard to inter-state sale and keeping in view the applicability of cst with regard to inter-state sale, it shall be appropriate to look into at a glance the gas sale and purchase agreement (in short gspa) entered into between the petitioner and the respondent indo gulf fertilizer, copy of which ..... mathur, learned senior counsel seem to be based on tangible goods covered under the sales of goods act without taking into account the provisions contained in the cst act readwith section 7 of the vat act and the 2008 regulation (supra), hence do not seem to be applicable to the present case.. ..... -section (2) of section 23 had relied upon halsbury law of england (4th edition volume 41 page 800) which provides that where the seller undertakes to deliver goods to railway wagons or at the station in terms of convenient (contract) with the delivery, the risk passes to the buyer. ..... with the word, "turnover" has defined it as under : (1) (2005)1 scc 719 state of a.p. ..... so voted. .....
Tag this Judgment!Court : US Supreme Court
..... to provide for principal and interest of said bonds; to establish a board of liquidation; to authorize certain judicial proceedings against it; to define and punish violations of this act; to prohibit certain officers diverting funds, except as provided by law, and to punish violations therefor; to levy a continuing tax and provide a continuing appropriation for said bonds; to make a contract between the state and holders of said bonds; to prohibit injunctions in certain cases; to limit the indebtedness of the page ..... they all concurred in denying the writ upon the ground that the money was voted not to named officers to be by them applied to a designated purpose, but as "a supply to the crown;" that the officers who distributed it for the purposes named acted as servants of the crown, not as servants of parliament; that a suit against those officers was therefore one against the sovereign, whom, said chief justice cockburn, the court of queen's bench had ..... that payment from that fund will produce the slightest confusion in the treasurer's accounts or involve the use of moneys raised for other and distinct purposes. ..... it is admitted that it can be easily ascertained from the accounts how much of the money in the treasury is applicable to this class ..... it may be, without doubt, easily ascertained from the accounts how much of the money on hand is applicable to the payment of this class of debts, but the law nowhere requires the setting apart of this fund any more than others from the .....
Tag this Judgment!Court : US Supreme Court
..... this was the case even though the plaintiffs sought to reclaim reservist pay received by those members pay that presumably was funded through congress general appropriations for the support of the armed forces: such relief would follow from the invalidity of executive action in paying persons who could not lawfully have been reservists, not from the invalidity of the statutes ..... this was the case, the majority concluded, even where there is no statutory program enacted by congress and the funds are from appropriations for the general administrative expenses, over which the president and other executive branch officials have a degree of discretionary power. id. ..... that is because the expenditures at issue were not made pursuant to any act of congress, but under general appropriations to the executive branch to fund day-to-day activities. ..... feldman, divided by god: america s church-state problem and what we should do about it 48 (2005) ( the advocates of a constitutional ban on establishment were concerned about paying taxes to support religious purposes that their consciences told them not to support ). ..... 166 , 175 (1974) (denying taxpayers standing to compel publication of accounting for the central intelligence agency because there is no logical nexus between the asserted status of taxpayer and the claimed failure of the congress to require the executive to supply a more detailed report of the expenditures of that ..... the court of appeals denied en banc review by a vote of seven to four. .....
Tag this Judgment!Court : US Supreme Court
..... relating to these matters, the reasonable construction is that the benefits to be taken into consideration and deducted, in estimating the compensation or damages under sections 10, 11, and 13, are the special and direct benefits which the appropriation of part of a tract of land for a highway may cause to the remainder of the tract, and that the benefits for which an assessment is to be made under section 15, upon such remainders and upon all ..... the validity of the proceedings, and is as follows: "whenever any final decree shall have been made by said court, under the provisions of this act, for the payment of the damages to the parties, or into one registry of the court, and when the money has been appropriated and paid, the commissioners shall be entitled to take immediate possession of the parcel of land in regard to which said order of payment shall have been ..... to the constitution of the united states, "[n]or shall private property be taken for public use without just compensation," this just compensation means "the actual value of the property taken, payable in money, and without diminution an account of benefits general or special," although special benefits might be considered in respect of a claim for damages done to the adjacent land not actually taken, and therefore that "so much at least, of section 11 as provides for ..... bergen neck railway, 25 vroom ..... & northern railway, 6 wash ..... & northern railway v. ..... decided, of spokane falls & northern railway v. ..... railway ..... washington railway v .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad385; (1953)IIMLJ699
..... of them sastrasaram bahattadripad was elected as the managing trustee and the petitioners were constituted a managing committee.on 18-11-1951 the deputy commissioner made a demand on the petitioners for the production of the account books of the temple and other papers; and as that was not complied with within the time given, he sent a further notice on 3-1-1952 calling upon the petitioners to show cause why ..... under the constitution, not a public purpose and that, therefore, a grant for purposes mentioned in section 76 (4) of the act would be in violation of article 282.the argument in support of the position that religion is not a public purpose may be thus summed up; article 27 prohibits the raising of revenue by taxation for being appropriated towards' the promotion or maintenance of any particular religion or religious denomination. ..... of these petitions was the appointment of executive officers in some cases and issuing of notices in others, calling upon the petitioners to hand over possession of the temple, its properties and accounts, that they constituted an invasion of their rights as hereditary trustees and that they were entitled to move this court under article 226 of the constitution, for appropriate relief. ..... the manager is to receive all the incomes, make all the disbursements and maintain accounts; he is to have the custody of all moveables; all temple servants are to work under his orders and he has the power to fine, suspend or dismiss them and against his orders .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal373,85Ind.Cas.14
..... of his excellency's executive council and that it was not really necessary to bring forward again any demand for grant of salaries to the ministers and that if his excellency has given directions for a motion for appropriation of revenues to be brought forward in the manner indicated in item 6 in the agenda, it was because his excellency desired to do every courtesy to the members of the bengal legislative council and because and ..... rule 94, and therefore, the conclusion is irresistible that save and except what is provided for in section 72-d of the government of india act and rule 94 of the rules and standing orders, there cannot be made any demand for grant even if his excellency the governor makes a recommendation for appropriation of provincial revenues on occasions not provided for in the said section and the said rule. ..... his pleasure.there may be paid to any minister so appointed in any province the same salary as is payable to a member of the executive council in that province, unless a smaller salary is provided by vote of the legislative council of the province.no minister shall hold office for a longer period than six months, unless he is or becomes an elected member of the local legislature.11. ..... head 22-general administration (transferred) on account of salaries of the ministers.6. ..... session; for to render parliamentary control effectual, it is necessary that the house of commons should have the money transactions of the year presented to it in one mass and in one account. .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT379(HC),94CWN233
..... the writ petition and contend that the petitioners are not entitled in law to be informed about the report of enquiry which is still going on and in depth scrutiny which is going on into the malpractices and mis-appropriations and persistent default on the part of the petitioners are still to be completed and on the basis of the materials already in possession of the answering respondents, prima facie subjective satisfaction of the state government as to the ..... 553 as its stands of the amendment act 1980 provides for supersession of the commissioners of municipality on three grounds, namely (1) mis-appropriation of municipal fund on account of the incompetency of the commissioners to perform or their persistent default for the purpose of the duties imposed on them by or under this act or by any other law, or. ..... reads as follows :'notwithstanding anything contained in section 552, if, in the opinion of the state government there has been misappropriation of municipal fund on account of the incompetency of the commissioners to perform, or their persistent default in the performance of the duties imposed on them by or under this act or by any other law, or where more than two-thirds of the total number of commissioners holding office for the time being have, for any reason, resigned, or ..... arise, the public interest can be sufficiently protected by appropriate prohibitory and mandatory action under the other relevant provisions of the statute in sections 232 to 235 of the act. .....
Tag this Judgment!Court : Delhi
..... to the contractor on a supply order is with-held by purchaser because he claims that certain damages would be due to him in respect of an earlier supply order, although those damages have not been adjudicated in appropriate forum nor admitted by contractor and the amount is 'with-held', as interim measure till the final decision is taken about levy of damages, then so long as purchaser does not take such a final decision whether ..... that on the appellant's accepting the stance of desu to withhold/retain the sum of `10 lakhs under the subject fao (os) 3& 3page 14 of 21 contract, a consensus was arrived amongst the parties to settle such accounts at a later stage, when the event of adjustments on the imposition of the contemplated penalty comes to be imposed and is sought to be recovered from the dues payable under the subject contract te-45. ..... of action can arise to the contractor to claim his amount finally arrived at and informed vide in such fao (os) 3& 3page 6 of 21 limitation would start to run from that date because it is only by such act of appropriation by the purchaser that the contractor is told that money will not be paid to him. ..... ) under section 34 of the act, where-under, an award dated 22.12.2005 passed by the learned arbitrator in favour of the appellant and against ..... impugned judgment of the learned single judge dated 25.07.2007 is set aside and the award dated 22.12.2005 is set aside as against the instant respondents i.e. ..... , (2005) 8 scc618observed as under: fao (os) .....
Tag this Judgment!Court : Delhi
..... to the contractor on a supply order is with-held by purchaser because he claims that certain damages would be due to him in respect of an earlier supply order, although those damages have not been adjudicated in appropriate forum nor admitted by contractor and the amount is 'with-held', as interim measure till the final decision is taken about levy of damages, then so long as purchaser does not take such a final decision whether ..... that on the appellant's accepting the stance of desu to withhold/retain the sum of `10 lakhs under the subject fao (os) 3& 3page 14 of 21 contract, a consensus was arrived amongst the parties to settle such accounts at a later stage, when the event of adjustments on the imposition of the contemplated penalty comes to be imposed and is sought to be recovered from the dues payable under the subject contract te-45. ..... of action can arise to the contractor to claim his amount finally arrived at and informed vide in such fao (os) 3& 3page 6 of 21 limitation would start to run from that date because it is only by such act of appropriation by the purchaser that the contractor is told that money will not be paid to him. ..... ) under section 34 of the act, where-under, an award dated 22.12.2005 passed by the learned arbitrator in favour of the appellant and against ..... impugned judgment of the learned single judge dated 25.07.2007 is set aside and the award dated 22.12.2005 is set aside as against the instant respondents i.e. ..... , (2005) 8 scc618observed as under: fao (os) .....
Tag this Judgment!Court : US Supreme Court
..... beatty, deceased, did designate a lot in his addition to georgetown by inscribing on the plot thereof these words, "for the lutheran church;" that they always understood and believed that he meant by that inscription to manifest an intention to appropriate that lot to the use of the lutherans, provided they would build on it within a reasonable time a house of public worship, which would conduce to diffuse piety, to enhance the value of his property, and to adorn his ..... admitted that the lot was so marked in the plot as the bill states, and that it was charles beatty's intention to appropriate the same to the use of the lutheran congregation, provided they would build thereon within a reasonable time a house of public worship ..... the contrary, the original plan and appropriation were constantly kept in view by all the legislative acts passed on the subject of this addition ..... some of the parishioners may sue a parson to establish a general modus without joining all, and some of the members of a voluntary society or company, when the parties are very numerous, may sue for an account against others, without joining all. ..... only difficulty is whether the plaintiffs have shown in themselves a sufficient authority, since it is not evidenced by any formal vote or writing. ..... only difficulty which presents itself upon the question whether the complainants in the circuit court have shown in themselves sufficient authority to maintain their suit is that it is not evidenced by any formal vote or writing. .....
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