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The Collector of Central Excise, Hyderabad, Vs. M/S. Bakelite Hylam Lt ...

Court : Supreme Court of India

Reported in : AIR1997SC1988; 2002(82)ECC3; 1997(91)ELT13(SC); JT1997(3)SC639; 1997(2)SCALE732; (1997)10SCC350; [1997]2SCR825

..... the statement of objects and reasons accompanying the central excise tariff bill, 1985 which later became the central excise tariff act, 1985, inter alia, states : 'the technical study group on central excise tariff which was set up in 1984 to conduct a comprehensive inquiry into the structure of the central excise tariff has suggested the adoption of a ..... description of the material tariff entries for our purposes, however, has not been affected by the changes made in the central excise tariff act of 1985 with effect from 1.3.1988, except for a change in the number of the entry.8. ..... : 1995ecr417(sc) , this court, while considering the central excise tariff act of 1985, has held that looking to the statement of objects and reasons the central excise tariff under the 1985 act is based on the harmonised system of nomenclature (hsn) and the internationally accepted nomenclature has been adopted to reduce disputes on account of tariff ..... after the coming into force of the central excise tariff act of 1985, however, the tariff entries have undergone substantial change. ..... any dispute relating to tariff classification, the internationally accepted nomenclature emerging from the hsn is a safe guide, this being the expressly acknowledged basis of the structure of the central excise tariff in the 1985 act and the tariff classification made therein. ..... lists prior to 28.2.1986 are governed by the first schedule to the central excises and salt act, 1944 (hereinafter referred to as the 'old tariff).7. .....

Union of India and anr Vs. M/S Swiss Garnier Life Sciences and ors.

Court : Supreme Court of India

..... bulk drug, pharmaceutical, chemical, biological or plant product including its salts, esters, stereo-isomers and derivatives should conform to pharmacopoeial or other standards specified in the second schedule to the drugs and cosmetics act, 1940, while for the purpose of coming within the purview of scheduled bulk drug within the meaning of para 2(u) or scheduled formulation within the meaning of para 2(v), it is not necessary to ..... any bona fide ayurvedic (including sidha) or unani (tibb) systems of medicines; (ii) any medicine included in the homoeopathic system of medicine; and (iii) any substance to which the provisions of the drugs and cosmetics act, 1940 (23 of 1940) do not apply; para 2(u) defines scheduled bulk drug in the following manner: 2(u) scheduled bulk drug means a bulk drug specified in the first schedule; whereas scheduled formation is defined in ..... drug means any pharmaceutical, chemical, biological or plant product including its salts, esters, stereo- isomers and derivatives, conforming to pharmacopoeial or other standards specified in the second schedule to the drugs and cosmetics act, 1940 (23 of 1940), and which is used as such or as an ingredient in any formulation; whereas para 2(f) defines drug , in this case, we are concerned with para 2(f)(iii) ..... chemical, biological or plant product conforms the requirement of second schedule of the drugs and cosmetics act, 1940, it also applies to every salts, esters, stereo-isomers and derivatives of pharmaceutical, .....

Raza Ahmad Vs. State Of Chhattisgarh .

Court : Supreme Court of India

..... determining as to whether the challenge to the proposed modification of the land use to industrial purpose through the notification dated 3 february 2011 can be entertained within the extended period as prescribed by the proviso to section 14(3) of the ngt act; (iii) the ngt, in considering the aspect which is referred to in (ii) above, shall be at liberty to determine whether sufficient cause has been shown by the appellant for condoning the delay; and 9 (iv) we clarify that we have not ..... judgment dated 2 august 2013, dismissed the appeal9 on the ground that: (i) the appeal is barred by limitation; and 7 writ petition (pil) no 5467 of 2011 8 (2012) 8 scc3269 appeal no 1 of 2013 4 (ii) the ngt is constituted by the ngt act, and does not have jurisdiction to entertain a challenge to the notification dated 3 february 2011 of the state government altering the land use. ..... moreover, it has been urged that it was open to the appellant to invoke the jurisdiction under section 14 of the ngt act for contending that the change of land use notification dated 18 february 2011 would result in a violation of the ec conditions noted above and this could be remedied before the ngt in the exercise of its original ..... (s) versus state of chhattisgarh & ors ....respondent(s) judgment dr dhananjaya y chandrachud, j1this appeal under section 22 of the national green tribunal act 20101 arises from a judgment dated 2 august 2013 of the national green tribunal2, at its central zone bench in bhopal. .....

Agricultural Income Tax officer and Anr. Vs. Goodricke Group Ltd. and ...

Court : Supreme Court of India

..... , or where any sum has been paid or collected as education cess, before the coming into force of the west bengal taxation laws (second amendment) act, 1989, in respect of any period prior to the coming into force of the said act, assessment or fresh assessment shall, notwithstanding such order on appeal, revision or review or the pendency of such appeal or application for revision or review ..... court or where any sum has been paid or collected as rural employment cess, before the coming into force of the west bengal taxation laws (second amendment) act, 1989, in respect of any period prior to the coming into force of the said act, assessment or fresh assessment shall, notwithstanding such order on appeal, revision or review, or the pendency of such appeal or application for revision or review, or ..... counsel appearing on behalf of the respondent, on the other hand, supported the judgment on both counts and submitted that the levy under the original act no longer remained the same, so that the levy under the 1989 amendment was a separate and new levy of rural employment cess and education ..... payment of the education cess or to apply for registration or to file return in accordance with the provisions of this act after the coming into force of the west bengal taxation laws (second amendment) act, 1989 in respect of any period prior to the coming into force of the said act shall not be deemed to be a contravention of such provisions if such owner makes payment of such education cess within .....

Mohan Lal Vs. State of Rajasthan

Court : Supreme Court of India

..... appeal, it was contended that incident, as per the prosecution, had occurred between 12th/13th november, 1985 on which date the ndps act was not in force, for it came into force only on 14.11.1985 and hence, the offence was punishable under the opium act, 1878, (for short 'the opium act'); that the alleged recovery was on 16.1.1985 while the appellant was in custody in connection with fir no.95 of 1986 and not in ..... and notified under section 5 or section 8,- (a) possesses opium, or (b) transports opium, or (c) imports or exports opium, or (d) sells opium, or (e) omits to warehouse opium, or removes or does any act in respect of warehoused opium, and any person who otherwise contravenes any such rule, shall, on conviction before a magistrate, be punished for each such offence with imprisonment for a term which may extend to one ..... learned counsel for the appellant has also contended that there has been non-compliance of section 57 of the ndps act, which reads as follows:- "report of arrest and seizure - whenever any person makes any arrest or seizure under this act, he shall, within fortyeight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his ..... from the aforesaid exposition of law it is quite vivid that the term "possession" for the purpose of section 18 of the ndps act could mean physical possession with animus, custody or dominion over the prohibited substance with animus or even exercise of dominion and control as .....

Ex Parte Sibbald Vs. United States

Court : US Supreme Court

..... their future action; which is to be done in the same manner pro tanto, as when the whole case was originally before it, in the first instance; according to the provisions of the first section of the act, with this exception, that they cannot act on any question of the title of the party to the full quantity confirmed, or decide against the validity of the surveys which have been confirmed by this court. ..... by this reference to the law the meaning of the mandate of this court directed to the surveyor, commanding him to do and perform the acts enjoined on him by law, and to the court below "to cause further to be done therein, what of right, according to law and justice, in conformity to the opinion and decree of this court, ought to be ..... forth that, in the decree of said court, the surveyor general of east florida was ordered and directed to do certain acts and make the surveys therein ordered, but that no such mandate has been directed to said surveyor. ..... the court in this case at january term, 1836, so as to conform the same to the opinion given by the court at that time, or to issue a mandate to the surveyor general of the district of east florida to do those acts and things which he is commanded to do by the judgment of this court and which are enjoined on him by law. ..... supreme court has executed its power in a cause before it, and its final decree or judgment requires some further act to be done, it cannot issue an execution, but shall send a special mandate to the court below to .....

Guitard Vs. Stoddard

Court : US Supreme Court

..... and no proof having been made at any time by said paul guitard, or those claiming under him, of any inhabitation, cultivation, or possession, or of the location and extent of said claim, either under the provisions of the act of 1812 or those of the act of the 26th of may, 1824, either before the recorder of land titles or other united states authority, and there having been no survey or location of said land, by or under the authority of the united states, ..... plaintiff introduced an experienced surveyor, who stated that in his opinion the outboundary line, as projected on map x, was not correctly run under the act of 1812; that said outboundary line should have been run so as to include the outlots, common field lots, and commons, in, adjoining, and belonging page 57 u. s. ..... his grandson vincent, nor none of the family, ever presented any claim to it before the recorder of land titles, under the act of the 26th of may, 1824, nor was the land ever surveyed either by the spanish or american government, as a field lot. ..... . but no extent or boundaries were given to show what land was granted; nor is there anything in the act of 1812 from which a court of justice can legally declare that the land, set forth in the survey and proved as commons by witnesses in 1806, is the precise land congress granted: in other words, the act did not adopt the evidence laid before the board for any purpose; and the boundaries of claims thus confirmed .....

Chew Heong Vs. United States

Court : US Supreme Court

..... on the seventeenth day of november eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, [and] nor shall said sections apply to chinese laborers, who shall produce to such master before going on board such vessel, and shall produce to the ..... to depart from the united states by land, shall have the right to demand and receive, free of charge or cost, a certificate of identification similar to that provided for in section four of this act to be issued to such chinese laborers as may desire to leave the united states by water, and it is hereby made the duty of the collector of customs of the district next adjoining the foreign ..... section is significant in that it prescribes the mode for the coming to this country of chinese persons "other than a laborer who may be entitled by said treaty and this act to come within the united states," but fails to provide the means for the return and identification of chinese laborers who were entitled by the treaty to return, but who were out of ..... to depart from the united states by land, shall have the right to demand and receive, free of charge or cost, a certificate of identification similar to that provided for in section four of this act to be issued to such chinese laborers as may desire to leave the united states by water, and it is hereby made the duty of the collector of customs of the district next adjoining the foreign .....

Glasgow Vs. Baker

Court : US Supreme Court

..... shall be reserved in each township for the support of schools within the same, with the exception also of a tract reserved for the support of a seminary of learning, as provided for by the seventh section of this act, and with the exception also of the salt springs and lead mines and lands contiguous thereto which, by the direction of the president of the united states, may be reserved for the future disposal of the ..... of the record in this case, tending to show that the land now in controversy had been confirmed to four different individuals, laroche, bouis, baccanne, and bizet, respectively, by the board of commissioners established by the act of 1812, and that surveys of those confirmations, which, for reasons not necessary to explain, had been delayed a great many years, had finally been made by one cozens. ..... , on the other hand, that they and their predecessors, from whom they derive title, became the owners of this land by operation of the act of 1812, and that the united states, having by that act parted with its title, had nothing to give to the state of missouri by the act of 1820, and did not intend to give to that state that which had been granted and confirmed already to private parties. ..... 574 out-lots, and common field lots was neglected by the officers of the government charged with its performance by the first section of the act of 1812, which we have been considering, such surveys have been made, and plats are presented in this record showing the locality of the .....

United States Vs. Jung Ah Lung

Court : US Supreme Court

..... on the seventeenth day of november, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sections apply to chinese laborers, [and] who shall produce to such master before going on board such vessel, and shall produce to the collector ..... san francisco a certificate of identification, stating his name, age, occupation, last place of residence, physical marks and peculiarities, and all facts necessary for his identification in conformity to the act of congress entitled 'an act to execute certain treaty stipulations relating to chinese,' approved may 6, 1882; that he departed on said steamer for china, having in his possession, and taking away with him, the ..... of the port in the united states at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this section mentioned; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port ..... the united states on the seventeenth of november, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of this act, and in order to furnish them with the proper evidence of their right to go from and come to the united states of their free will and accord, as provided by .....