Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxv headgear and parts thereof Court: us supreme court Page 1 of about 17 results (0.143 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 .....

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. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... and 50(4) of the pmla in other statutes, such as section 171a of the 1878 act, inserted by section 12 of the sea customs (amendment) act, 1955; section 108 of the 1962 act; section 14 of the central excises and salt act, 1944118 and ..... of the act in order to make it meaningful and purposeful, (d) an explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the explanation, in order to suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and (e) it cannot ..... event the person has been arrested by the officer authorised under section 19 of this act on the basis of material in his possession and having reason to believe and recorded in writing of being guilty of an offence punishable under this act, but after the inquiry done by him in exercise of powers under chapters v and viii of the 2002 act, he forms an opinion that no offence of money-laundering is made out, requiring ..... scc87 189 (2018) 11 scc46190 (1994) 3 scc569191 (2004) 2 scc9192 (2016) 7 scc221131 legislature to define a crime , and it is this definition that should be at the center ..... lxv) it is submitted that in case of offence of money-laundering, mere routine conditions which ensure presence of the accused during trial or protect the evidence, are not enough because of the trans-border nature of the offence of money-laundering and .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... part h183 the subject matter of taxation has been exhaustively enunciated in the union and state lists in the seventh schedule of the constitution.255 the occurrence of the taxable event creates or attracts the liability to tax.256 for example, in re sea customs act, s.20(2),257 this court held that in the case of excise duties, the taxable event is the manufacture of goods and the duty is not directly on the goods but the manufacture thereof. ..... mining leases chapter vi of royalty and dead in respect of the rules: rent: land in which the minerals the procedure royalty and dead vest partly in and conditions rent are payable in the prescribed terms of section 9 government under chapter and 9a of the act, and partly in iv to apply respectively, read private persons mutatis with rule 27 (1) (c) mutandis of the ..... may, by notification in the official gazette, amend the third schedule so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered by a mining lease and such enhancement or reduction shall take effect from such date as may be specified in the notification: provided that the central government shall not enhance the rate of the dead rent in respect of any such area more than once during any period ..... 160 (2004) 11 scc2672 part f observed that the state government has unfettered power to regulate the import of intoxicants in exercise of its ..... kesoram industries limited, (2004) 10 scc201( kesoram ), is incorrect and therefore, ought to .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... and others, in which affidavit union of india with respect to the constitution (one hundred and second amendment) act, 2018 has pleaded that power to identify and specify the socially and educationally backward class list lies with parliament, only with reference to central list of socially and ..... 1101992 supp (2) scc65176 the constitution is a logical whole, each provision of which is an integral part thereof, and it is, therefore, logically proper, and indeed imperative, to construe one part in the light of the provisions of the other parts. *** ..... dr. suhas palshikar in the book on politics of maharashtra: local context of the political process: , editors: suhas palshikar and nitin birmal, pratima prakashan, 2007 which suggest that- 270 (i) from 1962 to 2004, from out of 2430 mlas, 1336 mlas corresponding to 55% were marathas; (ii)nearly 54% of the educational ..... look into the report of gaikwad commission which has separately in detail in chapter ix dealt with the subject inadequacy of marathas in the services under the ..... judicial review was whether a local authority in a period of transition, could impose a lower flat rate tariff in one locality (inhabited by the historically discriminated black community, with poor infrastructure) and a higher metered tariff in a locality with better infrastructure, inhabited by the white ..... tenth schedule can and do stand independently of paragraph 7 and are complete in themselves workable and are not truncated by the excision of .....

Trigger - Bai (Run Off) Limited (In Scheme of Arrangement) (Appellant) ...

Court : UK Supreme Court

..... ireland, the isle of man or the channel islands, in work forming part of or process in the business above mentioned, and in case the employer shall be liable to damages for such injury, either under or by virtue of the common law, the fatal accidents acts 1846 to 1908, or the law reform (miscellaneous provisions) act 1934, the company will indemnify the employer the schedule required a description of ..... as a matter of insurance practice, however, until the decision in bolton in 2006, all these wordings, whether tariff or non-tariff and whether using the language "caused", "sustain" or "sustained or contracted", paid out on long-tail claims (including the mesothelioma claims which ..... compensation scheme in the 1906 act, which amended the scheme to require a notice stating "the cause of the injury and the date at which the accident ..... interesting chapter 4 of perspectives on causation headed "causation, politics and law: the english- and ..... acts or omissions may each independently have been sufficient to give rise to that injury (as when a and b simultaneously, but independently shoot c dead), and then we may as "a matter of legal policy" accept "a weaker causal relationship" for the imposition of responsibility: see p lxv in the preface to and ..... 2003] ewhc 1084 (qb), [2004] lloyd's insurance and reinsurance reports 426, 429 ..... the central issue relates to the event or events that, on true construction of each policy, had to occur within the period of the policy in order to render the insurer .....

R (on the Application of Smith) (Fc) (Respondent) Vs. Secretary of Sta ...

Court : UK Supreme Court

..... ) 2 dr 125: "8 the commission further observes that nationals of a state, including registered ships and aircrafts, are partly within its jurisdiction wherever they may be, and that authorised agents of a state, including diplomatic or consular agents and armed forces, not only remain under its jurisdiction when abroad but bring any other persons or property ..... compact and as conscience: individual rights abroad and at our gates, 27 wm and mary l rev 11, 17-24 (1985); lowenfeld, us law enforcement abroad: the constitution and international law 83 ajil 880 (1989) and 84 ajil 444 (1990); brilmayer and norchi, federal extraterrioriality and fifth ..... again acting under chapter vii, "reaffirm[ed] the sovereignty and territorial integrity of iraq, and underscore[ed] in that context, the temporary nature of the exercise by the coalition provisional authority (authority) of the specific responsibilities, authorities, and obligations under applicable international law recognized ..... was said in the considered opinion of the committee delivered by lord bingham in r (middleton) v west somerset coroner [2004] 2 ac 182, 206 (para 47) that: "in the absence of full criminal proceedings, and unless otherwise notified, a coroner should assume that his inquest is the means by which the state will discharge its procedural ..... short verdicts in the traditional form will enable the jury to express their conclusion on the central issue canvassed at the inquest" (hurst at para 48, citing lord bingham in middleton at .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... hindu succession amendment act, 2005, and ..... discontinuation of, or unfair treatment in, educational establishments and services thereof; (b) the unfair treatment in, or in relation to, employment or occupation; (c) the denial of, or termination from, employment or occupation; (d) the denial or discontinuation of, or unfair treatment in, healthcare services; 191 part d (e) the denial or discontinuation of, ..... act, other than a marriage solemnized under the special marriage act, 1872 (3 of 1872), or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely: (e) the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this ..... and the central government to initiate steps to combat honour crimes or caste-based or religion- based murder and submit a national plan of action and a state plan of action to curb such crimes; (ii) to direct state governments to constitute special cells in each district; and (iii) to launch prosecutions in each case of honour killing or caste- 134 ..... and the other american, married according to hindu rites in a ceremony in new delhi in 1993; 84 ruth vanita, wedding of two souls : same-sex marriage and hindu traditions 2004 journal of feminist studies in religion, vol 20(2) 85 ruth vanita, love s rite: same-sex marriage in india and the west (palgrave macmillan, 2005) 85 .....

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court : Supreme Court of India

..... confine it only to the offence of bestiality and non-consensual acts in view of the fact that with the coming into force of the criminal law (amendment) act, 2013 and the protection of children from sexual offences act, 2012 (pocso act), the scope of sexual assault has been widened to include non peno-vaginal sexual assault and also 21 criminalize non-consensual sexual acts between children thereby plugging important gaps in the law ..... twin-tests of classification discussed in the preceding paragraphs, a legislation, or part thereof, can also be struck down under article 14 on the ground ..... in the americas (bolivia, ecuador, and mexico), four are in europe and central asia (malta, portugal, sweden, and the united kingdom), two are in east asia and the pacific (fiji and new zealand), and one is in sub-saharan ..... in anuj garg (supra), while dealing with the 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 , the ..... . the very purpose of the fundamental rights chapter in the constitution of india is to withdraw the subject of liberty and dignity of the individual and place such subject beyond the reach of majoritarian governments so that constitutional morality can be applied by this court to give effect to the rights, among others, of discrete and insular minorities.6 one such minority has knocked on the doors of this court as this ..... court cannot rewrite, 24(2004) 5 scc518251992 supp. .....