Skip to content


Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxv headgear and parts thereof Page 2 of about 47 results (0.206 seconds)

Aug 07 2003 (HC)

Narayanan Nair Vs. State of Kerala

Court : Kerala

Reported in : I(2004)ACC205; AIR2004Ker29; 2003(3)KLT676

..... 1980 of 1999 on the ground that by act 54 of 1994, section 129 had been amended to provide that the headgear should conform 'to the standards of the bureau of indian ..... lays down 'standards for the components and parts of motor vehicles' and the issue of 'fitness certificates'. ..... perusal of the above provision shows that the act and the rule requires the 'driver' as well as the 'rider' of a motor cycle to wear a protective headgear. ..... the 1939 act was replaced by the motor vehicles act, 1988 to take care of the 'fast increasing number' of vehicles; 'adoption of higher technology'; the free 'flow of passenger and freight with the least impediments'; the 'concern for road safety standards' and other similar ..... the exercise of this power, the state government had issued a notification on january 27, 2000 inviting objections and suggestions regarding its proposal to grant exemption to 'any person riding on a two wheeler other than the driver thereof. ..... persons concerned shall be given a reasonable time to arrange for protective headgear, say four weeks. ..... cases of custodial deaths or any other suitable case, the court may exercise its discretion and help the helpless to tide over the crisis. ..... chapter viii of the act provides for control of traffic, specification of parking places, driving regulations, duty to obey traffic signs, provision for signals and signaling devices, ..... act of 1988 lays down 'stricter procedures relating to the grant of driving licences and the period of validity thereof. .....

Tag this Judgment!

Jul 27 2022 (SC)

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 .....

Tag this Judgment!

Jul 25 2024 (SC)

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 .....

Tag this Judgment!

May 05 2021 (SC)

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 .....

Tag this Judgment!

Jan 29 2004 (HC)

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... amendment) act, 1992 and thereafter at the expiration of every fifth year, constitute a finance commission to review the financial position of the panchayats and to make recommendations to the governor as to--(a) the principles which should govern--(i) the distribution between the state and the panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the state, which may be divided between them under this part and ..... and provisions relating to commencement of the act and the definitions.part-ii chapter-i sets out provisions relating to constitution, administration and control of gram panchayats including provisions relating to election of members, reservation of seats, term of office, qualifications and disqualifications of candidates, resignation of members, upa-sarpanch and sarpanch, appointment and functions of the executive authority and provisions relating to officers and other employees of the gram panchayat as well as the composition and powers of beneficiary committees and functional committees.chapter-ii of this ..... comprising of (i) funds relating to institutions and schemes transferred by the governments or heads of departments to the parishad; (ii) funds relating to community development programmes; (iii) central and state aid and aid received from all india bodies and institutions for the development of cottage and village industries, khadi, silk, coir, handicrafts and the like; (iv) donations and contributions received by the parishad from .....

Tag this Judgment!

Sep 19 2008 (HC)

Kushal S/O Bapurao Pawar Vs. the State of Maharashtra Through the Assi ...

Court : Mumbai

Reported in : 2008(6)BomCR28; 2008(6)MhLj914

..... the rule of literal interpretation, in relation to the provisions of land acquisition act, 1894 as amended by the act 31 of 1962, in which it has been held;a literal interpretation is not always the only interpretation of a provision in a statute and the court has to look at the setting in which the words are used and the circumstances in which the law came to be passed to decide whether there ..... and the orders passed in appeal or revision, as the case may be, the decision certifying the bye-law can be examined and if contrary to law, will be struck down, which will have the effect of the bye-law being not certified and consequently not a part of the certified bye-laws....ratio of the judgment in the case of vijay (supra) will have to be read and ..... class of members on committee of certain societies and for being designated officers.it is not disputed that under section 73-c(1), there is a restriction on representation of individual members in the case of district central cooperative bank or an apex cooperative bank and such a member is 'to be elected by ..... the provisions of the act and cannot be in derogation thereof.the learned counsel also submitted that where it is not possible to follow the literal rule of construction, it is required that other aids of construction be applied and to that extent, ..... , which shows intention of the legislature.chapter vii - 'management of societies' starts with section 72 of the act of 1960 which provides final authority ..... 2004 ctj 253, another ..... lxv .....

Tag this Judgment!

Oct 05 2012 (HC)

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

..... and a partly different reason which may i state below:- the main issue is regarding the scope of power of any judicial authority including a regular civil court under section 45 of the act in making or refusing a reference of dispute arising from an international arbitration agreement governed by the provisions contained in part iii chapter-i of the act ..... shall be referred to the refined sugar association (sometimes referred to as the rsa) such dispute may be referred to the association for settlement in accordance with the rules relating to arbitration and the arbitration act, 1996." 36. from the above clause, it is clear that once the parties to the contract incorporate a clause to the effect that any dispute arising out of the contract shall ..... dispute shall be referred to arbitration at hong kong; (ii) the matter in dispute shall be finally resolved by arbitration at hong kong; and the respondent wants to ignore the words "in accordance with the provisions of arbitration and conciliation act, 1976 or any other statutory modification, enactment or amendment thereof for the time being in force" in clause 17 as a meaningless addition. ..... 2004) 1 scc 252 in the matter of united bank of india v/s ramdas mahadeo prashad and others; reported in air 1949 nagpur 286 in the matter of the central ..... on the judgments of the apex court reported in (1994) 4 scc 104 in the matter of assistant excise commissioner v/s isaac peter, and 1968 (1) scr 821 in the matter of naihitijute mills limited v/s. .....

Tag this Judgment!

Dec 20 2013 (HC)

Bnp Paribas Vs. United Breweries (Holdings) Limited (Dr. Vijay Mallya) ...

Court : Karnataka

..... plc as well as certain immovable properties of united breweries city, bangalore, the respondent was ready and willing to deposit or cause to be deposited in this court an aggregate amount of rs.200 crores following the completion of the diageo transaction (rs.119 crores) and upon completion of the sale of certain immovable properties or a part thereof of the respondent (rs.81 crores) in order to demonstrate the bona fides of the respondent but without ..... paid up equity share of face value of rs.10/- each, to acquire up to 37,785,214 equity shares 141 representing 26.0% of the emerging voting capital under the securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, 2011, as amended from the public shareholders of united spirits limited.100.at page-73 clause-ix, the documents for inspection read as under: copies of the following documents will be available for ..... has held as under:- 12.it seems to me, therefore, upon considering various authorities on this subject that the following principles are doubtless applicable to sub-section (2) of section 536 of the companies act, 1956: 1.the court has an absolute discretion to validate a transaction.2.this discretion is controlled only by the general principles which apply to every kind of judicial discretion.3.the court must have regard ..... and others [air 2004 sc 321].159 116.the learned company judge accepted the share price on the basis of the price quoted in the national stock exchange and .....

Tag this Judgment!

Nov 04 2004 (HC)

Mahesh Agriculture Implements and Forgings Ltd. Vs. Member, Industrial ...

Court : Mumbai

Reported in : 2005(1)ALLMR809; 2005(2)BomCR625

..... respect of (i) any order passed by (the) employer under standing orders, or (ii) any industrial matter arising out of the application or interpretation of standing orders, or (iii) an industrial matter specified in schedule iii (except item (5) thereof) shall make an application to the labour court and as respects change desired in any industrial matter specified in item 5 of schedule iii, to the industrial court) :provided that no such application shall lie unless the employee or a representative union has in the prescribed ..... even if one for a moment accepts the argument of petitioners about the requirement of involvement of some plant and machinery or technique thereof in the process of regularization, entry 4 of schedule-ii of bir act, also uses the word, i.e. ..... the petitioner points out that it amended its written statement to point out that respondent no ..... schedule-i deals with standing orders and chapter vii containing sections 35 to 41 are relevant in this respect ..... he, therefore, contends that respondent/employee was always ready and willing to perform his part of obligation and stand of petitioner that he was absent from duty is incorrect and misconceived. ..... further relied upon the judgment of learned single judge reported at : 2004(5)bomcr358 to contend that application, as filed by respondent no. ..... pathare : 2004(5)bomcr358 , in support of his contentions ..... : (2004)iiillj870bom , has considered the meaning of phrase 'rationalization ..... : (2004)iiillj728bom ; philips india ltd. v. .....

Tag this Judgment!

May 21 2004 (TRI)

Reliance Industries Ltd. and ors. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(174)ELT344Tri(Mum.)bai

..... in exercise of powers under section 157 of the customs act, 1962, central board of excise & customs have framed regulations on the import manifest to be ..... on record it is found: a) commissioner (appeals) has considered expenses incurred till delivery of imported cargo at revdanda port as part of cost of transport of imported goods till the place of importation as stipulated under rule 9 (2) of valuation rules, and in addition held, that in addition the appellants are liable to pay 1% of free onboard value as loading, unloading and handling charges associated with delivery of imported goods at redvanda port in terms of rule 9 (2) (b) b) all costs, as ..... mentioned in rule 9 (2) (b) viz 'loading, unloading and handling' associated with the delivery of the imported goods, proviso (ii) of rule 9 (2) provides that these shall be 1% of the free onboard value of the goods, plus transport cost in clause 9 (2)(a) and plus the cost of insurance under clause 9 (2)(c)...therefore, the activity for loading, unloading and handling and ascertainment cost thereof as per actuals or comparable costs as arrived at, is ..... pallets/iron ore lumps falling under chapter 26 of the customs tariff act, 1975 at revdanda port. ..... landing charges' by the supreme court in the case of corromondal fertilizers ltd ( 2000 (115) elt 7 (sc), dealing with the inclusion of costs prior to amendment of section 14 of the customs act, 1962, would be also binding and percentage as fixed under rule 9 (2) (b) would be applicable. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //