Court : Allahabad
Reported in : 2006(1)AWC992
..... below :(29) ...we are therefore of opinion that the aligarh university was neither established nor administered by the muslim minority and therefore there is no question of any amendment to the 1920-act being unconstitutional under article 30(1) for that article does not apply at all to the aligarh university.104. ..... the matter of such disputes, the court which is called the supreme governing body of the university , did not have the power to resolve it....section 32 provided for admission of students to the university and sub-section (4) thereof provided that ' the university shall not save with the previous sanction of the governor- general in council recognise (for the purpose of admission to a course of study for a degree ) as equivalent ..... judging the validity of the validating act:(i) whether legislature enacting the validating act has competence over the subject- matter;(ii) whether by validation, the legislature has removed the defect which the court had found in the previous law; and(iii) whether the validating law is inconsistent (sic consistent) with the provisions of chapter iii of the constitution.113. ..... he has referred to the internal university act, 2004 which, according to him, is a ..... column:.it would not be possible for the muslim minority to establish a university of the kind whose degrees were bound to be recognised by government and therefore it must be held that the aligarh university was brought into existence by the central legislature and the government of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC676; [1956]1SCR393
..... act lxv of 1951 was amended by act xxvi of 1953 which, by adding chapter iii(b), invested the central government inter alia with power so far as it appeared to it necessary or expedient for securing the equitable distribution and availability at fair prices of any article or class of articles relatable to any scheduled industry to provide by notified order for regulation of supply and distribution thereof and trade and commerce therein.13. ..... other hand that, after the advent of war and the proclamation of emergency under section 102 of the government of india act, 1935 and by the combined operation of the india (central government and legislature) act, 1946 and article 369 of the constitution taken along with the resolutions of the houses of parliament extending the life of act xxiv of 1946 up to 26th january, 1955 and the third constitution amendment act of 1954 amending entry 33 of list iii, the central legislature was operating all along on what became in effect ..... act i of 1938, as thus amended, continued in force till, as a result of the prior enactment of act lxv of 1951 and the report of the indian tariff board on the sugar industry as well as the reports of the khaitan committee and the swaminathan committee mentioned above, the u. p. ..... the indian tariff board had also, in the meanwhile, made its report on the sugar industry in the year 1938 commending the advantages of a zonal system. .....
Tag this Judgment!Court : Chennai
Reported in : 1995(52)ECC53; 2003(162)ELT121(Mad)
..... prejudice to the contention that sub-section (3), or subsection (2) (d) or any other sub-section of section 11b of the centralexcises and salt act, 1944 (hereinafter referred to as the 'act'), asamended by central excises & customs laws (amendment) act, 1991(act 40 of 1991) is not applicable to the present case, since refund hasalready been made pursuant to a writ issued by the delhi high courtunder article 226 of the constitution of india, it is stated that differential duty, in respect of which refund has already been made to ..... :provided that where an application for refund has been made before the commencement of the central excise and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) as substituted by this act:provided further that the limitation of six months shall not apply where any duty has ..... of customs assessed the goods and levied additional or countervailing duty under customs tariff heading 70.21 and under item 23-a(4) of the central excise tariff (for short 'cet'). ..... the becons condition, however, regarding compliance with the procedure set out in chapter x of the central excise rules, 1944 could not be followed by the petitioners, because, they were not the manufacturers of copper ..... an exemption is granted to waste or scrap of copper, zinc, aluminium and lead, if used in the manufacture of chemicals. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC862; 2001(74)ECC1; 2001(128)ELT21(SC); JT2001(2)SC141; 2001(1)SCALE436; (2001)4SCC593; [2001]1SCR608; [2001]124STC59(SC)
..... in vazir sultan and wallace flour mills cases (supra), this court considered the definition of 'excisable goods' in section 2(d) of the central excise act, 1944 which was as follows:'excisable goods means goods specified in the [the first schedule and the second schedule] to the central excise tariff act, 1985 (5 of 1986) as being subject to a duty of excise and includes salt'.under the customs act, there are ..... as a result of the forty-sixth amendment, sub-article 29a of article 366 was inserted as a result whereof tax on the sale or purchase of goods was to include a tax on the transfer of property in goods (whether as goods or in some other form) involved in the ..... last date on which such return is to be filed under the said rules;(c) in any other case, the date on which the duty is to be paid under this act or the rules made thereunder;(b) in a case where duty of excise is provisionally assessed under this act or the rules made thereunder, the date of adjustment of duty after the final assessment thereof;(c) in the case of excisable goods on which duty of excise has been erroneously refunded, the date of such refund. ..... have been able to do this if the technical material and goods had been imported, not as a part of passengers' baggage, but in the ordinary course of import either through post or by filing bill of entry.we, therefore, concur with the conclusion of the tribunal and the commissioner that the provisions of chapter 98 were rightly applied on the facts of these cases. .....
Tag this Judgment!Court : Delhi
Reported in : 153(2008)DLT771; 2008(106)DRJ627
..... (iii) to harmonise the law with the constitution (seventy-fourth amendment) act, 1992 with necessary exemptions and modifications under article 243zb of the constitution wherever departure has had to be made from the ..... expression 'any municipal committee or notified area committee' did not include the municipal council, there was no reason why the parliament would not have amended the language used in section 2(e)(3)(i) of the p.p act on 1.6.1994 to include the expression 'municipal council', since the purpose of the public premises (eviction of unauthorised occupants) amendment act, 1993 (7 of 1994) primarily was to expand, and not to narrow, the scope of its application. ..... the provisions of constitution (seventy-fourth amendment) act 1992 were brought into force with effect from 1st june, 1993 and the laws governing municipalities all over the country had to be harmonized in consonance with the provisions of part ixa of the constitution by 31st ..... to, taken on lease by or on behalf of a company wherein the central government is having 51% or more paid up share capital or a subsidiary thereof is also included within the meaning of public premises. ..... chapter ix a was introduced into the constitution of india by the constitution (74th amendment) act, ..... interpretation that when more than one expressions are used, the general words must be interpreted in the light of the specific words used in the same provision (see principles of statutory interpretation, 9th edition 2004 by justice g.p. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN18
..... for proper adjudication of this case the provisions of sub-heading 7404.00 of chapter 74 of the schedule to the central excise tariff act, 1985 are quoted below:chapter 74copper and articles thereofheading no. ..... proper adjudication of the matter the chapter-note 3 and the provisions of sub-heading 2620.00 of chapter 26 of the schedule to the central excise tariff act are quoted below:chapter 26ores, slag and ash3. ..... note 6(a) of section xv of the central excise tariff act, 1985 the expression 'waste and scrap' have the meaning assigned to them as follows:section xvbase metals and articles of base metal6. ..... the 'copper waste and scrap' is classified under sub-heading 7404.00 of chapter 74 of the schedule to the central excise tariff act, 1985 attracting central excise duty @ 15% ad valorem. ..... regard to the applicability of the provisions of chapter 26 of the schedule to the central excise tariff act, 1985, i find that as per chapter-note 3 of chapter 26 of the schedule to the central excise tariff act, 1985, sub-heading no. ..... reported in : 2004(165)elt386(sc) that zinc dross, flux skimming and zinc scaling were not excisable goods under the provisions of central excise tariff act, 1985. ..... dated march 1, 1988, as amended by notification no. ..... dated 1.3.1988 as amended by notification no. ..... ce dated march 1, 1988 as amended by notification no. ..... dated march 1, 1988 as amended by notification no. ..... dated march 1, 1988 as amended by notification no. ..... dated march 1, 1988 as amended by notification no. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN799
..... this appeal is arising out of an order passed by the hon'ble first court dated august 17, 2004 whereby his lordship was pleased to dismiss the writ petition and further held that the writ petitioner is liable to pay additional duty under the central excise tariff act, 1985. ..... in aman marble case the view taken by the learned tribunal that marble slabs fall under entry 25.04 under chapter 25 in the first schedule to the central excise tariff act was overruled by the hon'ble supreme court. ..... - (1) there shall be levied and collected in such manner as may be prescribed,--(a) a duty of excise, to be called the central value added tax (cenvat) on all excisable goods (excluding goods produced or manufactured in special economic zones) which are produced or manufactured in india as, and at the rates, set forth in the first schedule to the central excise tariff act, 1985 (5 of 1986)....* * * * * * * * * *12. ..... learned counsel appearing on behalf of the union of india drew our attention to chapter 68 of section 13 of the excise tariff of india and contended that the articles mentioned therein includes polished marble slabs in tariff item no. ..... collector of central excise, jaipur reported in : 2003ecr4(sc) sc, the hon'ble supreme court held that cutting of marbles into slabs and polishing thereof do not amount to manufacture of goods. ..... dated march 1,2000 which was subsequently amended from time to time and the latest amendment bearing no. .....
Tag this Judgment!Court : Chennai
Reported in : 2005(4)CTC469; [2005]64SCL115(Mad)
..... having heard the learned counsel for the petitioner as well as for the respondents herein, in order to appreciate the submissions made, it would be worthwhile to refer to sections 13(4) and (6) as amended by the enforcement of security interest and recovery of debts laws (amendment) act, 2004, which reads as under:'13(4). ..... vijaya bank, pondicherry, ariyur sarkarai alai thozhilalar nala sangam, pondicherry, bank of baroda, pondicherry and the commissioner of central excise, pondicherry commissionerate respectively stand dismissed as their interests are not germane to the main prayer in the writ petition and inasmuch as the writ petition itself stands disposed of on the terms mentioned above. ..... 1 of 2005) as well as chapter iii-b of the reserve bank of india act, 1934, the writ petitioner as well as the association of depositors and its members have got efficacious alternative remedy for the redressal of their grievances at against the 6th respondent and in the circumstances, exercising jurisdiction under article 226 of the constitution, there is no scope to consider the prayer of the petitioner in this writ petition. ..... any transfer of secured asset after taking possession thereof or take over of management under sub-section (4), by the secured creditor or by the manager on behalf of the secured creditor shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer had been .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(18)ECC16,1988(18)LC556(Calcutta),1988(36)ELT225(Cal)
..... while the benefit of set-off procedure and/or proforma credit scheme as stated hereinbefore, was vogue, the provisions of the said act was amended so as to delete the first schedule thereto with effect from 28.6.1986 by the notification dated 5.12.1986 and to make-all excisable goods subject to duty at the rate set forth in the schedule to the central excise tariff act, 1985 (act no. ..... originally the modvat scheme covered inputs and final products falling under 37 chapters of schedule to central excise tariff act, 1985, vide notification no. ..... under and in terms of central excise tariff act, 1985 the goods produced by the petitioner no. ..... , dated 1.3.1987 to the goods falling in chapters in the first schedule of central excise tariff act including aerated waters produced and manufactured by the petitioner no. ..... in respect of the ground of challenge regarding the validity of the notification on the ground of imposing unreasonable restriction on the petitioners fundamental rights guaranteed under article 19(1)(g) of the constitution of india, it was alleged that the withdrawal of the concession under modvat scheme has imposed an unreasonable restriction on the petitioners' right to carry on trade or business. ..... 22 thereof as 'beverages, vinegars and spirits'.6. ..... there are zinc-oxide, adhesives based on synthetic resin, organic surface-active agents, electric motors and primary batteriesa number of important procedural changes are also being introduced to simplify the operation of modvat. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3480; JT2006(5)SC41; 2006(2)KLT270(SC); (2006)IILLJ529SC; 2006(3)SCALE534; (2006)4SCC327
..... the very levy created under section 3 of the cess act or for that matter under section 3 of the central excise act.18. ..... limitations and restrictions on the trade or business in potable liquor as a beverage which restrictions are in nature different from those imposed on the trade or business in legitimate activities and goods and articles which ..... as also give effect to the purport and object of the act and in good faith.17.3 in craies on statute law, 7th edition, it is stated at page 297:the initial difference between subordinate legislation (of the kind dealt with in this chapter) and statute law lies in the fact that a subordinate law-making body is bound by the terms of its delegated or derived authority, and that courts of law, as a ..... act provided that the government may make rules for the purpose of carrying out the provisions of the act which has been amended by act ..... view of section 8 of the act must be held to be confined only to carrying out the provisions thereof meaning thereby, no person can be allowed to deal in arrack and in the event, any person is found to be dealing therewith, to take appropriate penal action in respect thereof as provided.14 rules 4(2) and 9(10)(b) in the rules were introduced six ..... 2004)illj1041sc , it is stated:.it is a well-settled principle of law that a contract of personal service cannot be specifically enforced and a court will not give a declaration that the contract subsists and the employee continues to be in service against the will and .....
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