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Judgment Search Results Home > Cases Phrase: appropriation railways vote on account act 2005 Sorted by: recent Court: us supreme court Page 1 of about 181 results (0.126 seconds)

Oct 07 2005 (SC)

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC4301; JT2005(10)SC196; RLW2005(4)SC2383; 2005(8)SCALE171; (2005)7SCC625; 2005(2)LC1445(SC)

..... the home minister in a speech made on 21st march, 2005 when the bihar appropriation (vote on account) bill, 2005 was being discussed in the rajya sabha said that the government was not happy to impose president's rule in bihar and would have been happy if government would have been ..... is to take place in four phases commencing from 18th october, 2005 and ending with the fourth phase voting on 19thnovember, 2005. ..... on consideration of these reports, notification dated 23rd may, 2005 was issued in exercise of the powers conferred by sub-clause (b) of clause (2) of article 174 of the constitution, read with clause ..... , in pursuance of section 73 of the representation of the people act 1951 in terms of notification dated 4th march, 2005 notified the names of the elected members.2. ..... case, the present is not a case where in exercise of discretionary jurisdiction the status quo ante deserves to be ordered to restore the legislative assembly as it stood on the date of proclamation dated 7th march, 2005 whereunder it was kept under suspended animation. ..... 163(e) of the same date, 7th march, 2005, it was notified that all powers which have been assumed by the president of india, shall, subject to the superintendence direction and control of the president, be exercisable also by ..... of the parties was in a position to secure 122 seats so as to have majority in the assembly, the governor of bihar made a report dated 6th march, 2005 to the president of india, whereupon in terms of notification g.s.r. .....

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Oct 06 2023 (SC)

Commr.of Customs (import) Mumbai Vs. M/s Ganpati Overseas Thr. Its Pro ...

Court : Supreme Court of India

..... cannot be determined in respect of the goods being valued; (c) no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with the provisions of rule 9 of these rules; and (d) the buyer and seller are not related, or where the buyer and seller are related, that transaction value is acceptable for ..... since it did not reflect the correct transaction value, the value appearing in the import invoices did not fulfil the criteria of section 14(1) of the customs act and rule 4 of the customs valuation rules as per which the transaction value of the imported goods is the price actually paid or payable when sold ..... aforesaid amount of customs duty should not be demanded and recovered from them and also as to why the imported goods should not be confiscated under sections 111(d) and 111(m) of the customs act, besides appropriation of the amount of rs. ..... provided that in applying the values used for comparison, due account shall be taken of demonstrated difference in commercial levels, quantity levels, adjustments in accordance with the provisions of rule 9 of these rules and cost incurred by the seller in sales in which he and the buyer ..... therefore, taking into account the fact that the supplier m/s arise enterprises had acknowledged that those declarations were filed by them, which was not denied by the respondents, the adjudicating authority held that .....

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Oct 13 2022 (SC)

The Deputy Commissioner Of Gift Tax Vs. M/s Bpl Limited

Court : Supreme Court of India

..... (a) the following amounts shown as assets in the balance-sheet shall not be treated as assets, namely: (i) any amount paid as advance-tax under the income-tax act; (ii) any amount shown in the balance-sheet including the debit balance of the profit and loss account or the profit and loss appropriation account which does not represent the value of any asset; civil appeal no.3265 of 2016 & anr. ..... before the valuation date at a general body meeting of the company; (iii) reserves, by whatever name called, other than those set apart towards depreciation; (iv) credit balance of the profit and loss account; (v) any amount representing provision for taxation, other than the amount referred to in sub-clause (i) of clause (a), to the extent of the excess over the tax payable with reference to the book ..... for the purposes of this rule, balance-sheet , in relation to any company, means the balance-sheet of such company (including the notes annexed thereto and forming part of the accounts) as drawn up on the valuation date and, where there is no such balance-sheet, the balance-sheet drawn up on a date immediately preceding the valuation date, and, in the absence of both, the balance ..... of sub-section (2), the value of any property, other than cash, transferred by way of gift shall for the purpose of this act, be its value as on the date on which the gift was made and shall be determined in the manner laid down in ..... act would be made accounting and taking the limitation and restrictions, and such .....

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May 17 2022 (SC)

New Okhla Industrial Development Authority Vs. Anand Sonbhadra

Court : Supreme Court of India

..... transaction entered into in connection with protection against or benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market value of such transaction shall be taken into account; (h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution; (i) the amount of any liability in respect ..... of any consideration and money or instalment thereof or any other amount due --- account of the transfer of any site or building by the authority or any rent due to the authority in respect of any lease, or where any transferee or occupier makes any default in the payment of any fee or tax levied under this act, the chief executive officer may direct that in addition to the amount of arrears ..... the court to hold that the lessee, by entering into the lease, comes to enjoy the property and also have other rights, including the right to entirely appropriate the profit from the transfer of the flats constructed thereon. ..... have the largest claim in most real estate resolutions where it is a lessor and would therefore have the largest vote share in the committee of creditors and consequently have a domineering role in deciding on the fate of any resolution ..... nature and transactions commercial wisdom of noida would in fact compel the appellant to vote against all resolution plans proposed. ..... committee which will vote and finally decide, .....

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Nov 10 2017 (SC)

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

..... nagaland, arunachal pradesh as well as sikkim, notifications were issued by the excise department, government of india, exempting goods specified in the first schedule to the central excise tariff act, 1985 (other than those mentioned in the annexure to these notifications) from payment of excise duty in respect of the goods manufactured and cleared from units located in the aforesaid ..... (1 of 1944), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the first schedule to the central excise tariff act, 1985 (5 of 1986) other than those mentioned in the annexure and cleared from a unit located in the states of assam or tripura or meghalaya or mizoram or manipur or nagaland or arunachal pradesh ..... 6) it may be mentioned at this stage that power to grant exemption from payment of excise duty is conferred upon the central government vide section 5a of the act, which authorises the central government to exempt generally, either absolutely or subject to such conditions to be fulfilled, before or after removal, as may be specified in the notification, ..... (2) the central government may, after due appropriation made by parliament by law in this behalf, utilise, such sums of money of the education cess levied under sub-section (11) of section 2 and this chapter for ..... merely gathered the sum by way of tax and kept it in suspense account because of dispute about taxability or was ready to return it if eventually .....

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Mar 17 2015 (SC)

Delhi International Airport Ltd. Vs. International Lease Finance Corp. ...

Court : Supreme Court of India

..... business rules requires that no department shall without the concurrence of the finance department issue any order which may involve any abandonment of revenue or involve expenditure for which no provisions have been made in the appropriation act or involve any [pic].grant of land or assignment of revenue or concession, grant, lease or licence in respect of minerals or forest rights or rights to water, power or any easement or privilege or otherwise have financial implications whether involving expenditure or not ..... business rules of the government of goa the conclusion would be irresistible that any proposal which is likely to be converted into a decision of the state government involving expenditure or abandonment of revenue for which there is no provision made in the appropriation act or an issue which involves concession or otherwise has a financial implication on the state is required to be processed only after the concurrence of the finance department and cannot be finalised merely at the level of the minister-in-charge. ..... the subject, though exclusively allotted to the minister, by reason of the responsibility of the chief minister to the governor and accountability to the people, has implied power to call for the file relating to a decision taken by a minister. .....

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Jul 01 2013 (SC)

Rajendra Nagar Adarsh Grah Nirman S.S.Ld Vs. State of Rajasthan and or ...

Court : Supreme Court of India

..... ministry of finance, no department shall, without the previous concurrence of the ministry of finance, issue any orders which may- (a) involve any abandonment of revenue or involve any expenditure for which no provision has been made in the appropriation act; (b) involve any grant of land or assignment of revenue or concession, grant, lease or licence of mineral or forest rights or a right to water power or any easement or privilege in respect of such concession; (c) relate to the number or grade of posts, or to the strength of a ..... as the present controversy is concerned, it was the vehement contention of the learned counsel for the appellants, that the administrative ministry relevant for the setting up of the north-western railway zonal headquarter at jaipur was the ministry of railways, whereas, the department of land resources was the concerned department to deal with the matters pertaining to acquisition of land for purposes of the union. ..... particular purpose is specified in the said notification, it cannot be sought to be stated by way of an affidavit that the real purpose is something different from the one disclosed in the notification not such additional benefits which may accrue on account of acquisition of land to the residents of the locality could be said to be the purpose for which the land is sought to be acquired.9. ..... palmer, 2005 ewhc 817 ..... manohar, (2005) 2 scc 126.the following observations recorded therein were highlighted, during the course of hearing:- .....

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Jan 18 2012 (SC)

Burdwan Central Co-op.Bank Ltd. and anr. Vs. Asim Chatterjee and ors.

Court : Supreme Court of India

..... makes it abundantly clear that even though the respondent no.1 may not have been under the direct administrative control of the bank at the relevant point of time when the defalcation is alleged to have taken place, on account of the affiliation of the samity with the bank under the provisions of the west bengal co-operative societies rules, 1987, the appellant-bank had jurisdiction over the respondent no.1 after he joined the employment of the ..... appeal no.301 of 2005 against the aforesaid order, wherein the attention of the division bench was drawn to the provisions of the west bengal cooperative rules, 1987, wherein it has been stipulated that any mis- appropriation of the employer's business or property would come within the mischief of misconduct. ..... of the report of the inquiry officer to the employee facing a disciplinary proceeding, amounts to denial of natural justice, in the later part of the judgment it was observed that whether in fact, prejudice has been caused to the employee on account of non-furnishing of a copy of the inquiry report has to be considered in the facts of each case. ..... tarun kumar ray, learned senior advocate appearing for the appellant-bank, urged that the respondent no.1 had not been prejudiced in any way on account of non-supply of the report of the enquiry officer or in the absence of a second show- cause notice, as was earlier envisaged under article 311(2) of the constitution prior to its amendment by the 42nd constitutional amendment act, 1976. mr. .....

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May 06 2010 (SC)

Bhim Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... this has been done after appropriate voting on the demand for grant and passing of appropriation act which is a law within the meaning of article 266(3). ..... chief executive of the district planning committee as the case may be), under intimation to the state/ut nodal department and to the member of parliament concerned.5.4 the district authority will submit for every year the audited accounts, reports and certificates to the state government and the ministry of statistics and programme implementation.5.8 the district authorities have been implementing mplads since 1993-94. ..... learned senior counsel for the petitioners that after the 73rd and 74th amendments, which introduced the panchayati raj systems and municipalities in the country, the finance commission is also mandated to take into account the resources needed by the states to augment the consolidated fund of a state to supplement the resources of the panchayats and municipalities in the state. ..... works within the places of religious worship and on land belonging to or owned by religious faith/group.further accounting and monitoring procedure is provided by the guidelines themselves under clause 5 and 6 of the guidelines, 2005.55. ..... to reduce the accumulated funds further and to improve accountability, some more conditions have been laid down for release of mplads funds in a new mplads funds release and management procedure which was adopted with effect from 1st june 2005. .....

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May 03 2010 (SC)

M.R.F. Ltd. Vs. Manohar Parrikar and ors.

Court : Supreme Court of India

..... rules of the government of goa the conclusion would be irresistible that any proposal which is likely to be converted into a decision of the state government involving expenditure or abandonment of revenue for which there is no provision made in the appropriation act or an issue which involves concession or otherwise has a financial implication on the state is required to be processed only after the concurrence of the finance department and cannot be finalized merely at the level of the minister in charge ..... the business rules requires that no department shall without the concurrence of the finance department issue any order which may involve any abandonment of revenue or involve expenditure for which no provisions have been made in the appropriation act or involve any grant of land or assignment of revenue or concession, grant, lease or licence in respect of minerals or forest rights or rights to water, power or any easement or privilege or otherwise have a financial implications whether involving expenditure ..... court by its judgment dated 19/24.04.2001 impugned herein allowed the writ petition in part by holding that the notifications dated 15.05.1996 & 01.08.1996 could not be termed as notifications issued by the state government on account of non compliance of the rules of business framed under article 166(3) of the constitution of india and therefore non-est and void-ab-initio and that the consequential actions based on these two notifications are null ..... commercial tax office : (2005) 1 scc 625 .....

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