Court : Supreme Court of India
..... central excises and salt act, 1944 (1 of 1944), and the rules made thereunder, including those relating to refund and exemption from duty, shall, so far so may be, apply in relation to the levy and collection of the duty of excise under this section as they apply in relation to the levy and collection of the duty of excise on tea under the said act. ..... article 31a of the constitution was inserted by the constitution (first amendment) act 1951 to deal with the saving of ..... the surface of the land such compensation as may become payable under these rules; (u) the lessee shall comply with the mineral conservation and development rules framed under section 18;10.8.6 while the aforesaid provisions contained in chapter iv relate to mining leases in respect of land in which minerals vest in the government, chapter v prescribes the procedure for obtaining a mining lease in respect of land in which minerals vest exclusively in a person other than ..... the change in the scheme of taxation under section 7 in 1976; the important and magnitude of the revenue by way of royalties received by the state; the charge of the 174 part i cess as a percentage and, indeed, as multiples of the amount of royalty; and the mode and collection of the cess amount along with the royalties and as part thereof are circumstances which go to show that the legislation in this regard is with respect to royalty ..... 160 (2004) 11 scc2672 part f observed that the state government has unfettered power to regulate the import of .....
Tag this Judgment!Court : Supreme Court of India
..... article 342a(2) uses 91 the same central list and interpretation of article 342a(2) has to be made taking the same meaning of central list as was known and understood under the regime prior to 102nd constitutional amendment act ..... president, in consultation with the governor or ruler of a state should have the power to issue a general notification in the gazette specifying all the castes and tribes or groups thereof deemed to be scheduled castes and scheduled tribes for the purposes of the privileges which have been defined for them in the ..... 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 ..... for 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!Court : Supreme Court of India
..... delhi. (1) as from the date of commencement of the constitution (sixty ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant ..... delhi. (1) as from the date of commencement of the constitution (sixty-ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant ..... iii) matters which affect the relations of the government with any state government, the supreme court of india or the high court of delhi; 113 (iv) proposals or matters required to be referred to the central government under the act or under chapter v; (v) matters pertaining to the lieutenant governor's secretariat and personnel establishment and other matters relating to his office; (va) matters on which lieutenant governor is required to make order under any law or instrument in force; (vi) petitions for mercy from persons ..... how.) 393 (1857) fourth indian reprint, 2004) p 405 114 made by justice .....
Tag this Judgment!Court : Supreme Court of India
..... conferred by sub-section (1) of section 5a of the central excise act, 1944 (1 of 1994) (hereinafter referred to as the central excise act ) read with sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and sub-section (3) of section 3 of the additional duties of excise (textiles and textile articles) act, 1978 (40 of 1978), being satisfied that it is necessary in the public interest, by notification no.71 of 2003 dated 09.09.2003, exempted the goods specified in the first schedule and the second schedule to the central excise tariff act, 1985 (5 of 1986) other than the ..... the effect of the amendment was that the product pan masala falling under chapter 21 of the first 4 schedule of the central excise tariff act, 1985, the goods falling under chapter 24 of said first schedule, i.e. ..... the report finds that, though advertising tobacco products including pan masala containing tobacco is banned in india since 01.05.2004, to bypass this ban, tobacco companies are advertising pan masala ostensibly without tobacco, heavily in all forms of media. ..... grant of exemption, concession or incentive and modification thereof are the matters in the domain of public decisions of the government. .....
Tag this Judgment!Court : Supreme Court of India
..... far as the fourth ground is concerned, one has to bear in the mind that the provision of the customs act and other revenue laws are mainly aimed at recovery of dues and penalties, payment whereof had been avoided and it is such manner of thinking which resulted in the amendment of the customs act, 1962, by the inclusion of chapter xiva, by act 21 of 1998. ..... to the passing of the detention order, the petitioner had filed an application for settlement of the case arising out of the show cause notice dated 13.12.2011, which was allowed by the settlement commission, customs and central excise, additional bench, mumbai on 29.3.2012, and the case was settled. ..... also submitted that as far as the retractions made by the purported detenue are concerned, the same were made after he had been granted bail and copies thereof were placed before the additional chief metropolitan magistrate on 31.5.2011, without copies of the same being served on the prosecutor of the departmental representative. ..... was not the intention of the hon'ble judges in alka subhash gadia's case to confine the challenge at the pre-execution stage only to the five exceptions mentioned therein, as that would amount to stifling and imposing restrictions on the powers of judicial review vested in the high courts and the supreme court under articles 226 and 32 of the constitution. ..... writ petition before the high court, the petitioners challenged a detention order dated 7.10.2004, passed under section 3(1) of cofeposa act, 1974. .....
Tag this Judgment!Court : Karnataka
..... , the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, ..... the petitions aver that police interference was rampant in all these cases and, therefore, the owners of restaurants like the petitioners were approaching this court and seeking a mandamus directing the police not to interfere in the business of respective ..... food buffs llp registered llp running a hotel under the name stories brewery and kitchen situated at no.62, munivenkatappa layout bilekahalli, b.g.main road beguru hobli, bengaluru south taluk bengaluru 560 076 represented by its managing director/partner ..... , from time to time, has disposed of such petitions directing non-interference by the police, subject to the condition that hookah was being sold at designated smoking area and not in the common area of the restaurants where food was served. ..... in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road ..... the central crime branch narcotic department mysore road, chamarajpet bengaluru 560 018 represented by its inspector. ..... central crime branch narcotic department mysore road, chamarajapete bengaluru - 560 018 represented by its inspector. .....
Tag this Judgment!Court : Karnataka
..... , the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, ..... the petitions aver that police interference was rampant in all these cases and, therefore, the owners of restaurants like the petitioners were approaching this court and seeking a mandamus directing the police not to interfere in the business of respective ..... food buffs llp registered llp running a hotel under the name stories brewery and kitchen situated at no.62, munivenkatappa layout bilekahalli, b.g.main road beguru hobli, bengaluru south taluk bengaluru 560 076 represented by its managing director/partner ..... , from time to time, has disposed of such petitions directing non-interference by the police, subject to the condition that hookah was being sold at designated smoking area and not in the common area of the restaurants where food was served. ..... in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road ..... the central crime branch narcotic department mysore road, chamarajpet bengaluru 560 018 represented by its inspector. ..... central crime branch narcotic department mysore road, chamarajapete bengaluru - 560 018 represented by its inspector. .....
Tag this Judgment!Court : Karnataka
..... there being no repugnancy at all, therefore, no question arises of the operation of article 254(2) of the constitution and no provision of the impugned act and the rules made thereunder is invalidated by any provision contained in act 65 of 1951 as amended by act 26 of 1953 or act 10 of 1955 and the sugarcane (control) order, 1955 issued thereunder. ..... 1st cross central excise layout bhoopasandra bengaluru - 560 094, date of admission::23. ..... the test that has been applied in such cases is based on the principle on which the rule of implied repeal rests, namely, that if the subject-matter of the state legislation or part thereof is identical with that of the parliamentary legislation, so that they cannot both stand together, then the state legislation will be said to be repugnant to the parliamentary legislation. ..... was received by the respondent which was issued by the appellant stating that with effect from 3-8-2001 (incidentally this is the date on which the bill of entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the difference in the tariff which was paid on the basis of earlier notification. ..... even the power reserved to the state government to fix minimum prices of sugarcane under chapter v of u.p. ..... sumedha sirchar aged about24years d/o sujit sircar address:2004. .....
Tag this Judgment!Court : Supreme Court of India
..... part of costs under section 31(8) (prior to the arbitration amendment act 2015) or section 31(8) read with section 31a (after the arbitration amendment act 2015); (iii) sections 31(8) and 31a are part of chapter vi titled making of arbitral award and termination of proceedings , which implies that the issue of fees ..... language. by operation of sub-article (3) thereof with a non obstante clause, where the legislature of a state has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislature of the state or in ordinances promulgated by the ..... medicinal and toilet preparations (excise duties) act, 1955 and observed that a schedule is a mere question of drafting and can be used to construe the provisions in the body of the act, albeit the expressions in the schedule cannot control or prevail against the express enactment, and in case of any inconsistency between the schedule ..... establishment and incorporation of an arbitration council of india, with section 43d prescribing duties and functions of the said council, which include framing policies governing gradation of arbitral institutions, recognising professional institutes providing accreditation of arbitrators, review or grading of arbitral institutions or arbitrators, making recommendations to the central government on various measures to be adopted ..... of 2004, was now liable to be amended from time to time in view of the long passage of time that has ensued between the date of the agreement .....
Tag this Judgment!Court : Karnataka
..... though in the instant case, by the impugned amendment, the reservation is sought to be made, on the strength of article 15(1) of the constitution and not under article 15(4) or 15(5) thereof, is nevertheless contrary to article 14 of the constitution, which is the equality clause. ..... which the school is established; x x x (xxiv) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the school, moveable or immovable, on such terms as it may think fit and proper without prejudice to the interest and activities of the school; x x x (xxix) to enter into any agreement with central government, state governments, the university grants commission or other authorities for receiving grants; x x x (xxxiii) to make such regulations as may, from time to time, be considered necessary ..... . they read as under:- karnataka act no.22 of1986(first published in the karnataka gazette extraordinary on the thirteenth day of may, 1986) the national law school of india act, 1986 (received the assent of the governor on the thirtieth day of april, 1986) (as amended by act 3 of 1993 and 15 of 2004) an act to establish and incorporate national law school of india university at bangalore ..... . this is because the recognition of educational institutions in karnataka, in the case of schools, is governed by chapter vi of karnataka education act, 1983 ..... this would be a step to achieve one of the directive principles of the state policy enunciated in chapter iv of the constitution i.e. .....
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