Court : Supreme Court of India
Reported in : 152(2008)DLT117(SC); JT2008(10)SC109; 2008(11)SCALE742; (2008)8SCC765
..... that the plans were in breach of the lbz guidelines. feeling aggrieved, the respondents filed an appeal under section 254 of the ndmc act, 1994, before the appellate tribunal, mcd, new delhi. the appellate tribunal by order dated 23.9.1999 remanded the case to the ndmc holding that the guidelines issued in the year 1988 were interim in ..... the plea that the directions dated 8.2.1988 etc. should be treated as administrative instructions not binding on the authorities acting either under dd act or ndmc act cannot be upheld as those guidelines have the force of law and cannot be termed as administrative instructions, more particularly in view of non-obstante clause with which section 235 ..... green cover in the area. on july 27, 1993 objections were invited to the zonal development plan whereas on may 25, 1994 the new delhi municipal council act, 1994 came into force.5. the respondent nos.1 to 9 purchased plot no. 47, amrita shergil marg, new delhi by a registered sale deed on october 28, 1994, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1790; 2008BusLR545(SC); 2008(129)ECC1; 2008(155)LC1(SC); 2008(227)ELT497(SC); 2008(9)SCALE277; (2008)8SCC369; (2008)15VST256(SC); 2008AIRSCW5621
..... etc., the 'user test' was applied. only in view of the said decision, an application was filed in terms of section 22 of the act. the tribunal and the high court took a different view only having regard to balaji (supra), without noticing the distinctive features thereof.38. there cannot be any ..... prescribed.in case the standards of identity,purity and strength for drugs arenot specified in the edition ofsuch official pharmacopoeia for the time being in force, but arespecified in the editionimmediately preceding the standardsof identity, purity and strengthshall be those occurring in suchimmediately preceding edition ofsuch official pharmacopoeia andsuch other ..... of identity, purity and strength specified in the(a) drugs included in the indian edition of the indian pharmacopoeiapharmacopoeia for the time being in force andsuch other standards as may beprescribed.in case the standards of identity,purity and strength for drugs arenot specified in the edition of theindian pharmacopoeia .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(13)SC613; 2008(4)SCALE125; (2008)13VST538(SC); 2008AIRSCW2233
..... assessment orders dated 31.1.1984. in the above circumstances, we uphold the assessment orders as confirmed by the appellate tribunal for the years 1986-87 and 1987-88 both under the kgst act and under the cst act.28. however, since the assessments against the lessee, m/s. eagle distillery (p) ltd. have not been ..... evidence that, the application for registration put in by the lessee was dismissed under the circumstances referred to above and the registration of the lessor continued in force and that the lessor has without returning the delivery notes and the c forms issued in their favour to the department, thereby violated the mandatory provisions ..... v. nusli neville wadia and anr. : air2008sc876 }29. ordinarily, we would have accepted the contention that prior to coming into force of section 19c of the act, there did not exist any provision in the act to assess two persons by fastening joint and several liability. however, the superior courts and, in particular, this court, would not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(2)ALLMR(SC)345; 2008(1)BomCR65; 2008(1)KLJ932; 2008(1)KLT398(SC); 2007(13)SCALE316; (2008)1SCC330; 2007AIRSCW7247; 2008(1)ICC403; 2008(2)KCCRSN110
..... series i no.47 dated 22.2.1988. after this amendment the section stood as under:23a(3) notwithstanding anything contained in this act:(3) a landlord, who is member of the armed forces of the union or who is an employee of the central or the state government or railways or who was such member or employee ..... after clause 3(i)(b). the said clause was:the provisions of this sub-section shall be applicable to all applications including those pending proceedings before any controller, tribunal, court and all such proceedings shall be disposed of in accordance with the provisions of this section.the further amendment also provided a summary procedure. for our ..... opinion, the judgment of the high court is completely erroneous.10. we are convinced that the findings of the learned additional rent controller as also the administrative tribunal on the bonafide need of the landlord are correct and the high court has gravely erred in setting aside the concurrent findings of fact that too without giving .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(13)SCALE61; (2008)1SCC206; 2007AIRSCW7012
..... appeal at the instance of the appellant pondicherry state cooperative consumer federation ltd. (for short 'the assessee'). such exemption was granted by the sales tax appellate tribunal at pondicherry by allowing an appeal filed by the assessee. prior to that the assessee was assessed by the assessing authority and on an appeal by the ..... case suggesting therein that the activity of bottling/packing of gases into unit containers from bulk quantities was not recognized as 'manufacture' even under the central excise act. in that view the question which fell for consideration before this court was as to whether under the circumstances the assessee could claim the exemption. this ..... case which is more particularly reflected in paras 19 and 20 of that decision where this court observed as under: in this case the state sales tax act contains no provision relating to 'manufacture'. the concept only finds place in the 1993 go issued by the department of commerce and industries. it appears from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(121)ECC393; 2007(147)LC393(SC); 2007(216)ELT503(SC); JT2007(7)SC189; 2007(11)SCALE332; (2007)10SCC114
..... theextent such imports are regulated by thenegative list of imports or any otherprovision of this policy or any other lawfor the time being in force.________________________________________________________________________part ii156. restricted itemsa. consumer goods________________________________________________________________________sl. no. description of items nature of restriction________________________________________________________________________all consumer goods, not permitted to be howsoever described ..... imported the aforestated items for the sale price. that the import was made by two independent companies. that the transaction was at arm's length; that there was no additional consideration and, therefore, rule 4 of the customs valuation rules was alone applicable and ..... customs act, 1962 against order passed by cegat dated 22.12.2000 in final order no. 411-421/2000-d in appeal nos. c/286/98-d and c/302-311 of 2000-d with e/co/239, 257-260/2000-d whereby the tribunal allowed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007ACJ2043; 2007(3)AWC2757(SC); 2008(1)BomCR754; 2007BusLRSN-1(SC); 2007(5)CTC892; 2007(2)CTLJ9(SC); JT2007(9)SC306; 2007(3)KLT613(SC); 2008(1)MhLj571; (2008)1MLJ912(SC);
..... of this court correctly. he further submitted that when the insurance policy and the motor renewal endorsement were duly filed and these documents were duly proved before the tribunal, in that event, the entire controversy ought to have been decided on the basis of these two documents and the production of cashier and the development officer was ..... aforementioned 'motor renewal endorsement', the time and date have been specifically mentioned. according to the appellant, in view of the special nature of contract, the insurance policy came into force only from 2.00 p.m. on 20.7.1994. 6. a claim petition for rs. 1,78,000/- plus interest @ 12% per annum was filed in ..... any specific time mentioned in the policy, the contract would be operative from the mid- night of the day by operations of the provisions of the general clauses act but in view of the special contract mentioned in the insurance policy, the effectiveness of the policy would start from the time and date indicated in the policy. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(4)ALLMR(SC)806; 2007(5)BomCR70; (SCSuppl)2007(3)CHN10; 2007(8)SCALE68; (2007)9SCC632; 2007AIRSCW4660
..... in a larger proportion.b) where the tenant is a minor, or a widow or a person subject to any mental or physical disability or serving member of the armed forces, then subject to the provisions of clause (a), the right to purchase land under section 32 may be exercised-i) by the minor within one year from ..... orders mentioned above and the materials on record. before considering whether the high court was justified in confirming the order of the tribunal, it would be appropriate to refer to some of the relevant provisions of the act which would be required for consideration in order to dispose of the appeals. 29. procedure of taking possession:- (1) a ..... before the trial authority under section 32g of the act. according to the learned counsel for the appellants the tribunal as well the tehsildar have misconstrued the provisions of section 32 and 32f of the act and therefore the order passed by the high court and the maharashtra revenue tribunal deserve to be set aside and the order passed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)210CTR(SC)86; [2008]296ITR8(SC); 2007(3)KLT408(SC); 2007(7)SCALE1; (2007)5SCC416; (2007)7VST355(SC); 2007AIRSCW3165
..... the appropriate authority would consider the matter with an open mind irrespective of any observations made for the purpose of invocation of power under section 35 of the act. the tribunal has also noticed that the entire matter has been left open to the assessing authority. it would, thus, not only be open to the appellant to raise ..... the scheme determining the sum payable under the scheme. the terms 'direct tax enactment' or 'indirect tax enactment' or 'any other law for the time being in force' refer only to those statutes under which the order had been passed. immunity, as noticed hereinbefore, is in respect of institution of any proceeding for prosecution of any ..... by such order shall be reopened in any other proceeding under the direct tax enactment or indirect tax enactment or under any other law for the time being in force.8. 'immunity', however, is provided under section 91 of the scheme, which reads as under:91. immunity from prosecution and imposition of penalty in certain cases .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(9)SC64; 2006(10)SCALE21; (2006)11SCC161
..... twice the ceiling area. explanation i. - a widow or a minor, or a person who is subject to physical or mental disability or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants.explanation ii - in the case of a ..... 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the maharashtra revenue tribunal under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. the date on ..... 19.11.1985, the appellate authority opined that the provisions of section 32-o of the tenancy act were not applicable and the tenant was entitled to purchase the tenanted land in terms of section 32-g thereof. the maharashtra revenue tribunal was thereafter approached by appellant herein by filing a revision application which was marked as tenancy appeal .....
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