Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxv headgear and parts thereof Sorted by: old Page 1 of about 47 results (0.278 seconds)

Baker Vs. Carr

Court : US Supreme Court

..... in said state, and, as such, he is charged with the duty of furnishing blanks, envelopes and information slips to the county election commissioners, certifying the results of elections and maintaining the records thereof, and he is further ex officio charged, together with the governor and the attorney general, with the duty of examining the election returns received from the county election commissioners and declaring the election results, by the applicable provisions of the tennessee code annotated, and by chapter 164 of the acts of 1949 ..... been resolved in that government's favor by the state courts of rhode island -- that the state courts, deeming the matter a political one unfit for judicial determination, had declined to entertain attacks upon the existence and authority of the charter government -- the chief justice held that the courts of the united states must follow those of the state in this regard. id. at 48 u. s. 39 -40. it was recognized that the compulsion to follow page ..... . 302 involvement with the business of partisan politics so inescapably a part of apportionment controversies -- the fourteenth amendment, "itself a historical product," jackman v ..... 214 (rent control), yet not central to the emergency effort. ..... the general assembly's call for a 1953 constitutional convention originally contained a provision "relating to the appointment [ sic ] of representatives and senators," but this was excised. ..... . 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 .....

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. .....

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 .....

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 .....

Vieth Vs. Jubelirer

Court : US Supreme Court

..... argued december 10, 2003 decided april 28, 2004 after pennsylvania s general assembly adopted a congressional redistricting plan, plaintiffs-appellants sued to enjoin the plan s implementation, alleging, inter alia, that it constituted a political gerrymander in violation of article i and the fourteenth amendment s equal protection clause. ..... footnote 3 article i, 4, provides as follows: the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of chusing ..... 792 (1973), and complete with a five-step prima facie test sewn together from parts of, among other things, our voting rights act jurisprudence, law review articles, and apportionment cases. ..... iowa general assembly, legislative service bureau, legislative guide to redistricting (2000), available at http://www.legis.state.ia.us/central/lsb/guides/ redist.htm. ..... at 118 127, that partisan gerrymandering claims are justiciable followed ineluctably from the central reasoning in baker, 369 u. s. ..... although we reaffirm the central holding of the court in davis ..... the central question presented by this case is whether political gerrymandering claims are ..... ) (three-judge panel); anne arundel county republican central comm. v. ..... 1060 (ca7 1998); la porte county republican central comm. v. bd. ..... the central problem is determining when political gerrymandering has gone too .....

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. .....

Reliance Industries Ltd. and ors. Vs. Commissioners of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(95)ECC180

..... . 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 ..... 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 ..... (g) after considering the provisions of rule 9 of the customs valuation rules, 1988 (hereinafter referred to as valuation rules) especially sub-rule (2) thereof, it was found that the expenses incurred of barges were for the purposes of bringing imported goods from the point of anchorage in the sea about 16 to 20 nautical miles away from ..... ore pallets/iron ore lumps falling under chapter 26 of the customs tariff act, 1975 at revdanda port. ..... 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 ..... that could be included, have since been legislated in a practical manner under rule of the valuation rules in 1988 as amended, nothing else could further be added to arrive at a value .....

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. .....

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 .....