Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxv nickel and articles thereof Page 4 of about 598 results (0.285 seconds)

Tata Steel Ltd. and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)

..... the governor of jharkhand, the bihar finance act, 1981, the central sales tax (bihar) act, 1956 and all notifications made thereunder and other various acts, rules and regulations having been enforced and applied in the state of jharkhand after its creation, the present state of jharkhand is bound by all such statutory provisions and notifications, issued during the period prior ..... appellant as also the exemption certificates granted consequently.pursuant to the aforesaid direction of the apex court and restoration of the exemption certificate, the exemption certificate of the petitioner was revived vide letter dated 13th september, 2004, whereunder, petitioner was allowed exemption from payment of sale tax with effect from 1st august, 2000 ..... in jammu and kashmir producing edible oil was unconstitutional, particularly being contrary to articles 301 and 304 thereof and was unsustainable ..... extract, relevant for the purposes of this petition, is reproduced hereunder:(iii) 'definitions' chapter in industrial policy, 1995-para 7-expansion/ modernisation/diversificationthe policy reads as follows: 'expansion/ modernization/ diversification of an existing industrial unit would mean additional fixed capital investment in plant and machinery of 50% or more of the undepreciated value of fixed capital investment in the ..... and a number of officials of the state government and a resolution was adopted for amendment of the industrial policy and on the basis of the resolution the industrial policy and .....

Mahalakshmi Sugar Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : 2008AIRSCW8078; AIR2009SC792; JT2008(6)SC177; 2008(6)SCALE275; 2008(1)LC611(SC)

..... compulsion.it was furthermore held: the second reasoning given by the high court is that even if the state government had the power to fix the minimum cane price under section 16 of the 1953 act, this power came to an end in view of article 254(1) of the constitution on the enactment of the ec act and the promulgation of the sugarcane (control) order, 1955 (later replaced by the 1966 order), which now gives exclusive power to the ..... to put it differently, in the earlier scenario whereas entire extra sales realization was applied to reduce the price of levy sugar, upon amendment of the said order, only 50% of the entire sales realization was considered to be permissible to reduce the price of levy sugar provided the liability of excess realization was also considered as a part ..... shall be calculated according to the following formula: s=r-lwhere s stands for the amount shareable; r stands for the sales realisations ex-factory excluding excise duty paid or payable to the factory by the purpose; and l stands for sugar price as calculated on the basis of the statutory minimum cane price and according to the tariff commission schedules in force at the time. ..... section 3(2)(f) of the act empowers the central government to fix compulsory quota of sugar produced by a sugar producer in the manner prescribed by the central government including the price thereof at which the same ..... be evident from paragraphs 2.17, 2.20, 2.21 and 2.39 of chapter ii of bhargava commission report.it was furthermore ..... 2004 .....

Musaraf HossaIn Khan Vs. Bhagheeratha Engg. Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1288; 2006(1)ALD(Cri)653; 2006(2)AWC1749(SC); II(2006)BC515(SC); 2006(3)BomCR98; [2006]130CompCas390(SC); (2006)4CompLJ419(SC); 2006CriLJ1683; 2006(2)CTC57; JT2006

..... is to implement the order would attract the territorial jurisdiction of the court was considered having regard to section 20(c) of the code of civil procedure as article 226 of the constitution thence stood, stating: (air p.540, para 16)the concept of cause of action cannot in our opinion be introduced in article 226, for by doing so we shall be doing away with the express provision contained therein which requires that the person or authority to whom the writ ..... may result in some inconvenience to persons residing far away from new delhi who are aggrieved by some order of the government of india as such, and that may be a reason for making a suitable constitutional amendment in article 226. ..... triable where act is done or consequences thereof ensued. ..... from the scheme of chapter xiii of the code, it is clear that neither the place of business nor place of residence of the petitioner and for that matter of even the ..... 2004 alleging inter alia therein that several cheques of diverse sums issued by the respondent herein had been dishonoured, and, thus, they committed an offence punishable under section 138 of the negotiable instrument act, 1881 (hereinafter referred to as 'the act ..... by an order dated 10.11.2004 the chief judicial magistrate upon examining the appellant on oath took cognizance ..... : 2004(186)elt3(sc) a three judge bench of this court clearly held that with a view to determine the ..... 2004 ..... 2004 ..... the appellant demanding payment of the said cheque to the respondent in september, 2004. .....

Than Singh and ors. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR2005MP170; 2005(2)MPLJ353

..... regard to a singular provision and had no cavil in respect of any other provision and accordingly thought it condign to recommend the matter to be referred to a larger bench and resultantly, the matter has been placed before us for adjudication in respect of the question which is as under:--'whether the provision of sub-section (2) of section 6 of the panchayat (amendment) act, 2001 is constitutionally valid ?'2 ..... central government or any other local authority lawfully constituted;(dd) rendering assistance in prevention of contangious diseases;(ee) rendering assistance in inoculation and vaccination and enforcement of other preventive measures for safety of human being and cattle prescribed by government department and destitutes;(ff) rendering assistance to the disabled and destitutes;(gg) promotion of youth welfare, family welfare and sports;(hh) establishment of raksha samiti for:(a) safety of life and property;(b) prevention of fire and extinguishing fire and ..... and of other similar article;(t) regulating the construction of house, latrines, urinals, drains and water closets; (u) management of public land and management, extensionand other offensive matters;(v) (i) regulating places for disposal of dead bodies, carcasses and other offensive matters;(ii) disposal of unclaimed corposes and carcasses;(w) earmarking places for dumping refuse; (x) regulation of sale and preservation of meat;(y) maintenance of gram sabha property;(z) establishment and management of cattle, pools and .....

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H309

..... act makes provision for the determination of questions whether any person detained is an abducted person and whether such person should be restored to his or her relatives or handed over to any other person or conveyed out of india or allowed to leave the camp and section 10 of the act authorises the central government to make rules 'inter alia' to provide for the constitution and procedure of any tribunal appointed under section 6 of the act.in my judgment, section 6 of the act satisfies the requirements of article ..... of the land, for clause 2 of article 71 of the said constitution expressly declares:'this constitution, and the laws of the united states which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the united states, 'shall be the supreme law of the land' and the judges in every state shall be ..... in the fourteenth amendment means not only the right of a citizen to be free from the mere physical restraint of his person as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the 'engagement' of all his faculties; to be free to use them fn all lawful ways; to live and work where he ..... 'magna carta was re-affirmed from time to time by successive english monarchs, and in 1354 edward, iii recognised the liberties and customs which the people had enjoyed in the past and declared in chapter 3 of 28 edward iii that'no man of what estate or condition that he be, shall be put out of land, or .....

Harvansh and Sons Vs. Union of India (Uoi)

Court : Madhya Pradesh

Reported in : (2004)186CTR(MP)364; [2004]266ITR364(MP); 2002(4)MPLJ495

..... , place and manner as the state government may prescribe, such duty shall be levied ratably on the quantity of excisable article imported, exported, transported, collected or manufactured in or issued from a distillery, brewery or warehouse : provided that- (1) duty may be levied-- (a) on intoxicating drugs by an acreagate rate levied on the cultivation of the hemp plant or by a rate charged on the quantity collected; (b) on spirit or beer manufactured in any 'distillery established or any distillery or brewery licensed under this act- (i) ..... include,-- (i) public sector company; (ii) a buyer in the further sale of such goods obtained in pursuance of such sale, or (iii) a buyer where the goods are not obtained by him by way of auction and where the sale price of such goods to be sold by the buyer is fixed by or under any state act; (b) 'seller' means the central government, a state government or any local authority or corporation or authority established by or under ..... state government no intoxicant shall be removed from any distillery, brewery, warehouse, or other place of storage established or licensed under this act unless the duty (if any) payable under chapter v, has been paid or a bond has been executed for the payment thereof. ..... in order to clarify this point, the finance act, 1990 has amended the said section to provide that the purchase price would mean any amount (by whatever name called) paid or payable by the buyer to obtain the goods referred to in that section except the .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... . abdul wahab, the hon'ble supreme court held that the parliament enacted amendment act 68 of 1984 prescribing the procedural steps in publication of the notification under section 4(1) and declaration under section 6 without prescribed time-limit with consequences of non-compliance thereof and in section 11a declaring that if the steps respectively prescribed therein are not taken, the acquisition entails ..... ble supreme court held that the possession was taken over by the state of the immovable property of the owner within the meaning of article 31(ii) the court also held that the procedure prescribed by section 7 is mandatory and since admittedly there was no compliance with it no lawful demand could be made for the amount payable by any land holder or by the central or state government at the instance of the central government without recourse by the machinery provided by section 7 ..... . after considering the report the appropriate government may, subject to the provisions of chapter vii, if it is satisfied after considering the report, if any, made under section 5a, that any particular land is needed for a public purpose or for a company, make a declaration to that effect and upon publication the declaration is conclusive evidence that the land is needed for the public purpose or for the company, as the case may ..... ]; 2004(1) jt 284 (paras 74, 75 and 76) [john martin ..... ]; : (2004)2scc65 [supra] and : (1984)illj67sc ..... . in the decision reported in : (2004)12scc390 , medley minerals india ltd. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... , that since the constitution (99th amendment) act, was brought into force, consequent upon the notification issued by the central government in the official gazette on 13.4.2015, the consideration of the njac bill and the passing of the njac act, prior to the coming into force of the constitution (99th amendment) act, would render it null and void, the learned attorney general invited our attention to article 118, which authorizes, each ..... (punjab & haryana), the bombay incorporated law society, mumbai (maharashtra), the madhya pradesh high court bar association, jabalpur (madhya pradesh), the advocates association bangalore (karnataka), the central excise, customs (gold) control bar association, new delhi, the advocates association, allahabad (uttar pradesh), the karnataka advocates federation, bangalore (karnataka), the allahabad high court bar ..... lokpal and lokayuktas act 2013, section 7, of the national commission for backward classes act 1993, section 29a, of the consumer protection act 1986, section 7, of the advocates welfare act 2001, section 8, of the university grants commission act 1956, section 9, of the protection of human rights act 1993, section 7, of the national commission for minorities act 1993, section 8, of the national commission for minority educational institutions act 2004, section 24, of the persons with disabilities (equal opportunities, protection of rights and full participation) act 1995, ..... legislature, the executive and the judiciary in chapter v .....

Vinod Krishna Kaul and Others Vs. the Lt. Governor N.C.T. of Delhi and ...

Court : Delhi

..... based on fee structure alone to be violative of article 14 of the constitution and beyond the mandate of the amended act of 1957, all schools, irrespective of the ..... urban village, unauthorized colony, resettlement colony, rural village and nonresidential areas; (b) availability of civic and social infrastructure; (c) access to roads; (d) access to district centres, local shopping centres, convenience shopping centres, and other markets; (e) land prices as may, from time to time, be notified by the central government or the delhi development authority; (f) use-wise ..... to classification of vacant lands and buildings in any ward of delhi into colonies and groups of lands and buildings and fixation of base value per unit area of vacant land or per unit area of covered space of building and factors for increase or decrease, or for no increase or decrease, thereof; (b) to consider objections under section 116c, and to make recommendation thereon; and (c) to perform such other ..... pointed out in the property tax guide (year 2004-05) issued by the mcd, prior to the amendments introduced in the act of 1957 by virtue of the amendment act of 2003, properties were taxed on the basis ..... territory of delhi (national capital territory of delhi) by the 69th (amendment) act but, the legislature so created was not a full-fledged legislature nor did it have the effect of transforming the status of delhi from a union territory to that of a state within the meaning of chapter i of part xi of the constitution. .....

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 ..... laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the secretary-general of the united nations; (e) if required by fundamental principles of the domestic law of a state party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who ..... 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 ..... 1994) 3 scc569191 (2004) 2 scc9192 (2016) 7 scc221131 legislature to define a crime , and it is this ..... lxxv) it is further submitted that the judgment of this court in nikesh tarachand shah308 is per incuriam, as the court failed to take note of the judgment of a larger bench in rohit tandon309, 299 air1963sc1742300 (1969) 2 scc283301 (1994) 6 scc77302 (1996) 4 scc281303 (1996) 7 scc637304 (2003) 5 scc298305 (2009) 13 scc165306 (2016) 6 scc602307 (2017) 1 scc283308 supra at footnote no.3 309 supra at footnote no.189 165 which clearly indicated the mandatory nature and .....