Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxv headgear and parts thereof Page 1 of about 47 results (0.185 seconds)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... the act has undergonea substantial amendment by reason of amending act 24 of 1986, the statementof objects and reasons whereof reads thus :"amending act 24 of 1986: under section 25 of the tea act, 1953 (29 of1953), the central government is empowered to levy and collect as a cess, aduty of ..... of the constitution of india reads thus :- "legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with any other country or countries or any ..... 246 of the constitution of india confers exclusivelegislative power upon the parliament with respect to any of the mattersenumerated in list i in the seventh schedule whereas in terms of clause (2)thereof, the legislature of any state also have power to make laws withrespect to any of the matters enumerated in list iii in the seventhschedule, subject of course to the ..... cannot be said that as a result of entry 52 read with act lxv of 1951 the vires of the impugned act can be successfully challenged," "our conclusion, therefore, is that the impugned act is relatable to entries 234 and 66 in list ii of the seventh schedule, and its validity is not impaired or affected by entries 52 and 54 in list i read with act lxv of 1951 and act liii of 1948 respectively,"as stated earlier also, the impugned ..... repercussion on tariffs, ..... 7.1.2004]in .....

Ashoka Smokeless Coal Ind. P. Ltd. and ors. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

..... it was submitted that in view of section 2(ii), section 3(1) and 3(2)(c) of the essential commodities act, it was incumbent upon the central government to fulfill the object thereof, namely, making a scarce commodity available to the people at an affordable price. 32. mr. v.a ..... : (1999)illj289sc , a question arose as to whether the rights of industrial concerns under article 19(1)(g) are said to be affected having regard to the provisions of the kerala industrial establishments (national and festival holidays) (amendment) act, 1990 whereby the number of national holidays were increased. ..... therein it was also observed:in examining the reasonableness of a statutory provision, whether it is violative of the fundamental right guaranteed under article 19, one cannot lose sight of the directive principles of state policy contained in chapter iv of the constitution as was laid down by this court in saghir ahmad v. ..... excise revenue forms an important part of every state's revenue ..... (supra), opined that the tariff cannot be fixed in such a manner by the board while acting as a private trader and shedding its public utility character. ..... in one of the notices issued on 21.10.2004 for sale of coal to non-core sector through e-auction, it has, inter alia, been stated:bccl is in the process of reformulating its sale and distribution policy with a view to enable genuine and bona fide non-core consumers to purchase coal of their choice subject to availability at fair market price in a transparent manner .....

Dhananjay Mahto and ors. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2005(4)JCR1(Jhr)]

..... , by notification, may also direct that any particular act by parliament or any legislature of the state shall not apply to a scheduled area or any part thereof in the state or shall apply to a scheduled area or any part thereof in the state, subject to such exceptions and modifications, as he may specify in the notification.25. ..... of franchise;(ii) such denial or debasement presents a justiciable cause of action which is within the judicial protection under the 14th amendment;(iii) the right of franchise lies at the heart of the representative government and in a free democratic country, and it is too important and preciou to be stripped of judicial protection;(iv) one person one vote is the fundamental premise of the democratic system and is an inflexible single constitutional rule which cannot be allowed to be abridged;(v) any debasement or dilution of the, equality of ..... a committee of member of parliament and experts, commonly known as 'bhuria committee' was constituted by the central government to make recommendation of the salient features of the law to extend the provisions of part ix of the constitution to the fifth ..... . 741 of 2004 was preferred, wherein, this court, taking into consideration the facts and circumstances, by order dated 8th august, 2005 allowed the state government to complete the panchayat elections in the state of jharkhand and to announce the results of such election by 31st ..... . chapter ii of the said act deals with 'gram sabha', including gram sabha in .....

S. Nagender Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2006(4)ALD210; 2006(4)ARBLR75(AP)

..... even if we assume for the purpose of argument that articles 309 and 310 and other articles in chapter i, part xiv, of the constitution relate only to an organized public service like the indian administrative ..... (prohibition) act 1982 and also one special counsel on central administrative tribunal, hyderabad bench besides two special counsel for commercial taxes in june/july 2004. ..... after allowing the 1967 rules with amendments carried out in 1984 to prevail for about a period of six years, the state government decided to repeal the 1967 rules and to replace them by the impugned executive instructions with no provision for reservation of posts of law officers for backward classes, scheduled castes and scheduled tribes advocates and accordingly issued the impugned notification and the order, dated 16.3.1990, giving rise to ..... 187 as such had not been challenged but what had been challenged is the violation thereof and hence the limited question which may have to be decided is that whether these rules can be said to be mandatory or these rules are to be followed as far as possible in the light of the language employed in ..... facto doctrine has two requisites, namely (i) toe possession of the office and the performance of the duties attached thereto, and (ii) colour of title, that is, apparent right to the office and acquiescence in the possession thereof by the public. ..... of judicial review in relation to the policy decisions and the limitations thereof are well settled principles. .....

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

Court : Supreme Court of India

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... of clause (5) (which was introduced by 38th (amendment) act) by the 44th (amendment) act, removes the cloud on the reviewability of the ..... bommai's case proceeded on the assumption that the proclamation under article 356(1) is not legislative but when that issue is examined in depth with reference to earlier decisions in the cases of in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act, : [1951]2scr747 at page 970-971; jayantilal amrit lal shodhan v. f.n. ..... (2) the legislative council of a state shall not be subject to dissolution, but as nearly as possible one third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament ..... further, the contention that the central government did not act upon the report dated 27th april, 2005 is of no relevance and cannot be considered in isolation since the question is about the manner in which the governor moved, very swiftly and with undue haste, finding that one political party may be close to getting majority and the situation had reached where claim may be staked to form the government which led to the ..... india does not postulate one 'due constitution' for the purposes of elections under part xv and another for the purposes of the executive and the state legislature under chapter ii and iii of part vi. ..... state of bihar was notified by the election commission on 17th december, 2004. .....

Ravi Shekhar Bhardwaj and ors. Vs. Director General of Police, State o ...

Court : Mumbai

Reported in : I(2004)ACC320; 2003(4)ALLMR57; 2003(6)BomCR493; 2004(2)MhLj213

..... 250 exceptions to wearing of protective headgear:- every persons driving or riding two wheeled mopeds fitted with engine capacity less than 50 cubic centimetres throughout the state of maharashtra: and every other person in area excluding such local area specified by the state government, by notification in the official gazette, from time to time, under section 129 of the motor vehicles act, 1988'.the government also specified local ..... of the rule was not challenged since only at the time of hearing, it was stated on behalf of the state government that the rule was amended and exemption was granted to persons driving motorcycle with not more than three metric brake horse power. ..... dated 5th december, 2001 filed by principal secretary to the government, home department (transport and excise), it was stated; 'the state is not opposed to the suggestions made by the ..... it is also proposed to include the director general of health, director of central institute of road transport, director of bureau of indian standard and commissioner of police, pune, as additional members of the committee (copy of the ..... it was inaction on the part of the authorities in not making such provision and/or enforcing it despite several representations by different organisations and individuals and issuance of several notifications by ..... once the act had come into force, no one could be permitted to bypass or ignore the provisions thereof on the ..... act of 1988, provisions have been made for control of traffic in chapter .....

Gurudev Overseas Limited Vs. Central Board of Excise and Customs and a ...

Court : Punjab and Haryana

Reported in : 2008(125)ECC26; 2008(151)LC26(P& H); 2008(229)ELT195(P& H)

..... the issue of classification has been reexamined by the board with respect to the clarification issued under central excise tariff vide circular no. ..... of an all india taxing statute, opined as under:.secondly, in income-tax matters, which are governed by an all-india statute, when there is a decision of another high court on the interpretation of a statutory provision, it would be a wise judicial policy and practice not to take a different view (whatever one's own view may be), barring, of course, certain exceptions like where the decision is sub silentio, per incuriam, obiter dicta or based on a concession or takes a view which it is impossible ..... the relevant provisions of the customs act, 1962 namely section 24, and section xv of chapter note 8 of the customs tariff act, 1975, are extracted here-below for ready reference:section 24. ..... still further it is submitted that during 2002-2003, rails and part of rails falling under chapter heading 7302 were subject to levy of duty @ 30% and waste/scrap falling under chapter heading 7204 was subject to duty at the rate of 40%. ..... the trade notice issued by one customs house must bind all customs authorities and, if it is erroneous, it should be withdrawn or amended, which in the instance case, admittedly, has not been done.14. ..... sae head office monthly paid employees welfare trust (2004)271 income tax reports 159. 16. .....

M/s. Raj Shipping and Another Vs. The State of Maharashtra, Through th ...

Court : Mumbai

..... vat 1505/cr-124/taxation 1 dated the 1st april 2005, the government of maharashtra hereby with effect from 1st december 2006 notifies the following products to be the motor spirit and petroleum products for the purposes of the sub-section: product(central excise tariff code no.1. ..... definition of general clauses act, 1897 and bombay general clause act also establish the same position vide section 3(62a): 51.1) in the general clauses act, 1897 the term state has been defined under section 3(58) as follows: state as respects any period before the commencement of the constitution (seventh amendment) act, 1956 shall mean a part a state, a part b state pr a part c state, and as respects any period after such commencement, shall mean a state specified in the first schedule to the constitution and shall include ..... (emphasis supplied) 50.2) further, article 366(30) defines a union territory (as introduced by seventh constitution amendment act, 1956) as follows: union territory means any union territory specified in the first schedule and includes any other territory comprised within the territory of india but not specified in that schedule. ? ..... they can rely upon the provisions and satisfy the authorities that since the sale attracts the provisions of the cst act, 1956, particularly chapter ii thereof, the same would not fall within the purview of the relevant provisions of the bst act, 1959. ..... state of karnataka reported in ilr 2004 karnataka, 3750. ..... state of karnataka, ilr 2004 kar 3750. .....

Abdul Raheman @ Shami Ahmed Sha and Others Vs. The State of Karnataka, ...

Court : Karnataka Kalaburagi

..... that the accused being the member of prohibited terrorist organisation took part in meeting of unlawful organisation in various parts of the country like bombay, ahmedabad, hyderabad, gulbarga of india and also ravalpindi of pakistan only with sole intention of encouraging ahle hadis muslm students to join unlawful organisation of lashkar-e-toiba and in the pretext of jihad to wage-war against the india and thereby committed an offence punishable under section 10, 13, 18, 20, 21 and 23 of unlawful activities 1967 (amendment act 2004)? ..... it is submitted that there is a notification duly published in the gazette of india dated 21.6.2007, whereby the central government has, in exercise of power conferred under section 45 of the uap act, authorised the secretaries of the state government to exercise powers to sanction prosecution in respect of offences punishable under chapter-iii of the said act. ..... sub: station bazar thane gunne no.85/06 qalam 121, 122, 124(a), 120(b) indian penal code, 1860 and qalam 25 bharatiya ayudha adhiniyama 1859 and qalam 4 and 5 sphotak and adhiniyam 1908 summary reading of the books and leaflets seized from the accused and giving opinion thereof. ..... aparadh/sbps 85.06 dated: 20.05.06 sir, on curiously going through the books and leaflets, i discern most of the books to be based on islamic religion while subjects in a few magazines and leaflets speak of the problems faced by the muslims and solutions thereof as briefly shown here below. .....

Naz Foundation Vs. Government of Nct and ors.

Court : Delhi

Reported in : 2010CriLJ94; 160(2009)DLT277

..... , inter alia, recommended the following:respect, protect and fulfill the rights of men who have sex with men and address stigma and discrimination in society and in the workplace by amending laws prohibiting sexual acts between consenting adults in private; enforcing anti-discrimination; providing legal aid services, and promoting campaigns that address homophobia. ..... in anuj garg, constitutional validity of section 30 of the punjab excise act, 1914 prohibiting employment of 'any man under the age of 25 years' or 'any woman' in any part of such premises in which liquor or intoxicating drug is consumed by the public was challenged before the ..... that the impugned provision is necessary since the deletion thereof would well open flood gates of delinquent behaviour and can possibly be misconstrued as providing unfettered licence for homosexuality ..... the constitution demands for the autonomy of the person in making these choices, the court stated as follows:these matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the fourteenth amendment. ..... this chapter section 377 ipc is categorised under the sub-chapter titled 'of unnatural offences' and reads ..... the writ petition was dismissed by this court in 2004 on the ground that there is no cause of action in favour of the petitioner and that such a petition cannot be entertained to examine the academic challenge to the .....