Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxix zinc and articles thereof Court: kerala Page 1 of about 45 results (0.094 seconds)

G. Raman Nair Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2008Ker96; 2008(2)KLT416

..... senior counsel appearing for the state pointed out that the provisions of the amending act did not interfere with the right of the petitioners or other members of the hindu community to establish and maintain institutions for religious and charitable purposes and to manage its own affairs guaranteed to them under articles 25 and 26 of the constitution of india. ..... 26761 of 2007 seeking a declaration that the amendments made are violative of the fundamental rights guaranteed under article 14 of the constitution of india inasmuch as members of the hindu community alone are subjected to hostile discrimination and that the amendment act is blatant attempt to take over the administration of hindu temples and religious institutions by a secular government.11. ..... if on a consideration of the report of the auditor or otherwise the high court thinks that the board or any member thereof was guilty of misappropriation or wilful waste of the funds or of gross neglect resulting in a loss to the incorporated or unincorporated devaswom or institutions under the management of the board, the high court may after giving notice to the board or ..... chapter ii of the act deals with travancore devaswom board and chapter viii deals with cochin devaswom board. ..... cochin devaswom board : 2004(3)klt670 . .....

Teejan Beverages Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2003]131STC538(Ker)

..... and 22.02 of the central excise tariff act, 1985 mineral water is an excisable ..... and 22.02 of the central excise tariff act ..... are absorbed ; a portion of the oleic acid which formed a good part of the content of the groundnut oil in its raw state is converted, by the absorption of the hydrogen atoms, into stearic acid and it is this which gives the characteristic appearance as well as the semi-solid condition which it attains ; in the language of the chemist, an intermolecular or configurational chemical change takes place which results in the ..... for the appellant-corporation that mineral water and aerated water/cold drinks are different and distinct articles, whether in common parlance or in the commercial parlance they are not inclined to interfere in the matter in view of the findings recorded by the high court that mineral water as we know today was not known in commercial circles and therefore when the notification used the expression ..... under sub-clause (vii) thereof the small-scale industrial units claiming such exemption shall produce the proceedings of the district level committee consisting of the district collector (chairman), the deputy commissioner of agricultural income-tax and sales tax (member) and the general manager, district industries ..... water is treated as manufacture and the manufactured product--mineral water--is an excisable commodity liable to excise duty under chapter 22, item no. ..... and claimed exemption for the period up to february 19, 2004 ..... february 19, 2004. .....

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Reported in : (2010)ILLJ279Ker

..... state insurance act, 1948 (central act 34 of 1948), the government of kerala in consultation with the employees' state insurance corporation and with the approval of the central government, and after having given six months notice of its intention so to do, hereby extend the provisions of the said act to the classes of establishments, specified in column (1) of the schedule annexed hereto and situated in the areas specified in column (1) of the schedule annexed hereto and situated in the areas specified in column (2) thereof with ..... is defined under section (14-aa) as follows:(14-aa) 'manufacturing process' shall have the meaning assigned to it in the factories act, 1948 (63 of 1948;)'manufacturing process' as defined under section 2(k) of the factories act, 1948 is as follows: 'manufacturing process' means any process for -(i) making altering, repairing ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or(ii) pumping oil, water, sewage ..... paid at such rates as may be prescribed by the central government:provided that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the employees' state insurance (amendment) act, 1989. ..... corporation, thrissur, challenges the order dated october 28, 2004 passed by the employees' state insurance court, kollam (hereinafter referred .....

K.P. Raveendran and anr. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2005Ker319; 2006(1)KLT427

..... into a town panchayat or a municipal council; or(g) convert a town panchayat into a municipal council; or(h) convert a municipal council into a municipal corporation: provided that, before issuing such a notification the requirements under article 243q and sub-section (1) shall be fulfilled and the suggestions and opinions of the village panchayat or town panchayat or municipal council or municipal corporation concerned, shall be considered.provided further that any notification issued under this sub-section shall not be brought into ..... it was accordingly that the constitution (73rd amendment) act, 1992 was passed by the parliament and came into force on 24-4-1993.9. ..... the making of law by the state under article 243c is only regarding the composition and not as regards the constitution of the panchayats which is a constitutional process by the governor issuing a public notification in exercise of authority under article 243(g) and article 243b then comes into operation by virtue of which the panchayat as defined in article 243(d) comes into being. ..... giri on behalf of the respondents contending that by virtue of article 367(1) of the constitution, the general clauses act, 1897 would apply and that, therefore, the power of the governor to notify under article 243q(2) includes a power to de-notify, amend or alter the said notification, by virtue of section 21 of the general clauses act. ..... chapter ii of the 1994 act does not provide for abolition of a municipality. .....

Kerala Textile and Garments Dealers Welfare Association, represented b ...

Court : Kerala

..... all kinds of cotton (indigenous or imported) in its unmanufactured state, whether ginned or unginned, baled, pressed or otherwise, but not including cotton waste; (ii-a) cotton fabrics covered under heading nos.52.05, 52.06, 52.07, 52.08, 52.09, 52.10, 52.11, 52.12, 58.01, 58.03, 58.04, 58.05, 58.06, 59.01, 59.03, 59.05, 59.06 and 60.01 of the schedule to the central excise tariff act, 1985 (5 of 1986). ..... certain refunds to be made when declaration ceases to have effect:- (1) where a declared provision comes into operation as an enactment in an amended form before the expiry of the period referred to in clause (c) of sub-section (2) of section 4, refunds shall be made of all taxes, duties, cesses, fees and other revenues collected which would not have been collected if the provision adopted in the enactment had been the declared provision: provided that the ..... articles as are declared to be goods of special importance in interstate trade or commerce under section 14 of the cst act, the mandate of section 15 of the cst act has necessarily to be followed and the state legislation has to ensure that the tax payable under the kvat act in respect of the sale or purchase of such goods inside the state shall not exceed 5% of the sale price thereof. ..... chapter v of the kvat act, which deals with assessment and recovery of tax and penalty, provides for the filing of returns by every registered dealer and every dealer liable to be registered under the act ..... and others [2004 (136) stc 1] and .....

State of Kerala Vs. George Jacob

Court : Kerala

Reported in : AIR2006Ker111; 2005(4)KLT709

..... act itself provides a definition for the words 'executed' and 'execution' to mean 'signed' and 'signature' respectively, in view of section 17 of the kerala stamp act as also section 23 of the registration act, 1908, the rate of stamp duty applicable in respect of documents actually signed by the vendors prior to 1-4-2005 is that applicable immediately prior to the date of commencement of the amendment to the kerala stamp act ..... and required by this act or by the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as an evidence of part performance of a contract for the purposes of section 53-a of the transfer of property ..... of kerala and is received in the territories of the state of kerala;provided that no duty shall be chargeable in respect of-(1) any instrument, executed by, or on behalf of or in favour of the central government or this or any other state government in cases where, but for this exemption, the central government ..... act nugatory, envisaging as they do the charging of an instrument under the relevant article of sch.i depending solely on the terms of the creation of rights and due ..... and the duplicate thereof were sealed and delivered in escrow by the corporation and the appellant-company respectively between 26th ..... (2004) 5 scc 409, interpreting the words 'unless the context otherwise requires', the supreme court, in paragraphs 26,27,28 .....

Priyesh Vasudevan Vs. Shameena

Court : Kerala

Reported in : 2005(4)KLT1003

..... commissioner of central excise, indore, : 2002(142)elt5(sc) , any argument which in effect questions the validity of ..... is concerned, namely, that such a child, if it be a person in existence, must be a minor, the relevant statute (the indian majority act) carries its own confirmation, as, obviously on the terms of section 3 and/or section 4 of the said act, a person is a minor until he attains the relevant age of majority, be it eighteen or twenty-one years, as the case may be, and as, so far as the theory of a child en ventre sa mere is concerned, if it otherwise applies to a particular case, as here, which ..... clause 19 of the scheme, which is statutorily incorporated under rule 51b of chapter xiva, could be enforced by a minor on his attaining majority was not ..... supreme court in : air2000sc2782 and in : (2004)iiillj536sc and a division bench of this court in : 2004(3)klt1019 that if there is a specific provision, it stands on a different footing was not noticed and considered in the muslim ..... formed a class by themselves and the classification made in the scheme is a permissible classification having an intelligible differentia and nexus with the object of classification and, therefore, does not offend article 14 of the constitution of ..... that high courts and administrative tribunals cannot confer benediction impelled by sympathetic considerations to make appointments on compassionate grounds when the regulations framed in respect thereof do not cover and contemplate such appointments. .....

Thressiamma L. Chirayil Vs. State of Kerala

Court : Kerala

Reported in : 2007(1)KLT303; (2007)7VST293(Ker)

..... and that there is nothing on record to suggest that the levy of entry tax on goods introduced by amendment act had the prior sanction of the president as required under the proviso to article 304(b); nor was there anything on record to suggest that before amending the act assent of the president was obtained as contemplated under article ..... in the first schedule to the kerala general sales tax act, 1963.provided that no tax shall be levied and collected in respect of any motor vehicle which was registered in any union territory or any other state under the provisions of the motor vehicle act, 1998 (central act 59 of 1988), prior to a period of fifteen months ..... from the original invoice and includes insurance, excise duties, countervailing duties, sales tax, transport fee, freight charges and all other charges incidentally levied on the purchase of goods and in the case of ..... and another ordinance by name bihar taxes on entry of goods into local areas for consumption, use or sale thereof ordinance 1993 was issued and the second ordinance was made and an act in the name and style of 'bihar taxes on entry of goods into local areas for consumption, use or sale thereof act ..... and the impugned levy is violative of articles 14, 301 and 304 of chapter ..... 2004 wherein the court considered the validity of the notification dated 23.03.2002 issued by the state of jharkand by which 2% entry tax on the imported coal which the company had imported from australia and new zealand to haldia (west bengal) and .....

Sundaram Finance Ltd. Vs. Radhamma

Court : Kerala

Reported in : 2003(3)ARBLR646(Kerala); [2004]122CompCas937(Ker); 2003(3)KLT289

..... however, from section 7 of the kerala interpretation and general clauses act, 1125 as amended by act 3 of 1957, an inference can be made that article 4 of schedule 11 of the court fees act is applicable to appeals filed under the corresponding provisions in the new act. ..... the value for the purpose of jurisdiction does notexceed rupees fifteen thousandfifteenrupees(ii)inother cases where the amount or value of the subject-matter- (a)doesnot exceed rupees one lakh for every hundred rupees or part thereof uptorupees one lakhtworupees (b)exceedsrupees one lakh for every hundred rupees or part thereof in excess of rupeesone lakh upto rupees five lakhsfourrupees(c)exceedsrupees five lakhs, for every hundred rupees, or part ..... fee how reckoned:- the fee payable under this act shall be determined or computed in accordance with the provisions of this chapter, chapter vi, chapter ix and schedules i and ii.'6. ..... 'similar provisions are there in the general clauses act, 1897 (central act). ..... article 11(m) of schedule ii is as follows:articleparticulars proper fee 11(m) application to set aside an award under thearbitration and conciliation act, 1996 (central act 26 of 1996);- (i) if the value of the subject-matter of theaward does not exceed rs. .....

The Sahrdaya College of Engineering and Technology Vs. the University ...

Court : Kerala

Reported in : 2009(3)KLJ185

..... ready reference.in exercise of the powers conferred by sub-section (2) of section 11 of the indian medical council act, 1956 the central government after consulting the medical council of india, hereby makes the following further amendments in the first schedule to the said act, namely in the said first schedule against 'calicut university, calicut' under the heading 'recognized medical qualification' (in column (2) and under the heading, 'abbreviation for registration' 9in column (3) the following shall be inserted ..... . it is contended that indisputably, the petitioners institutions have been collecting fees from the students far in excess of the fees fixed in the table contained in chapter 17 of the first ordinances and that the first ordinances interdict a private college affiliated to the university from collecting fees in excess of what is fixed therein ..... . once this position is accepted, it will also have to be mentioned that the right to establish and run an institution as self-financing colleges has been recognised and protected under article 19(1)(g) of the constitution by the constitution bench of the supreme court in tma pai foundation v ..... . 2004 act was repealed by the kerala professional colleges or institutions (prohibition of capitation fee, regulation of admission, fixation of non-exploitative fee and other measures to ensure equity and excellence in professional education) act, 2006 vide section 20 thereof .....