Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Page 1 of about 1,651 results (0.443 seconds)

Engee Industrial Services (P) Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2002LC531(Karnataka); 2004(164)ELT242(Kar)

..... the vessels imported by the appellants are classifiable under chapter 89.08.00 of the schedule to the central excise tariff act, 1985 which reads as follows :'descriptionrate of dutyvessels and other floating structures for breaking up.rs. ..... chapter 89 of the central excise tariff act like the customs tariff act deals with ships, boats and floating structures. ..... it is also relevant to notice that the entries in the customs tariff act and the central excise tariff act are different for vessels imported for use and vessels imported for breaking up. ..... as a whole precisely what the mischief was that it was the purpose of the act to remedy; secondly, it was apparent that the draftsman and parliament had by inadvertence overlooked, and so omitted to deal with, an eventuality that required to be dealt with if the purpose of the act was to be achieved; and thirdly, it was possible to state with certainty what were the additional words that would have been inserted by the draftsman and approved by parliament had their ..... provincial barrier that the constitution-makers adopted article 286 in the constitution'.the rule was again applied by the supreme court in similar context while construing the changes brought about by the constitution 46th amendment act ingoodyear india ltd. v. ..... in other words section 3 of the customs tariff act has been enacted to provide for a level playing field to the present or future manufacturers of the like articles in india.17. .....

Ghanta Infrastructures Ltd., a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Reported in : 2008(2)ALT611

..... (2004)illj161sc wherein it was observed at paras 18 and 27 as hereunder:learned senior counsel appearing for the respondent has drawn our attention to the various provisions of the reserve bank of india act, 1934 (for short 'the rbi act'), the banking regulation act, 1941 and the industries (development and regulation act, 1951 so as to emphasise that there is deep and all pervasive statutory control and the control of the ..... proceeds in respect of the existing project.existing project contracts shall mean the following contracts, agreements, as amended/as may be amended and supplemented from time to time in respect of the existing project:(i) the power purchase agreements;(ii) ..... about the usefulness ..... for the reasons mentioned in paragraph 1 above, but also for the fact that we have the experience in setting up a power project and also running it with tariff being the lowest in the country amongst the private sector ipps set up in the country so far.we may also add that ..... future cash impact of 'the provision for bad debts' made by the hdec in its accounts ..... chapter iv of the securitisation act makes provision for the establishment, functioning and operations of a central registry for the purpose of registration of transaction of securitisation and reconstruction of financial assets and creation of security interest under this ..... possible to accept that the measure is one under the securitisation act nor can therefore it be stated that the action is bad in law in any way ..... .....

Zameer Ahmed Latifur Rehman Sheikh Vs. State of Maharashtra and ors.

Court : Supreme Court of India

..... of the unlawful activities (prevention) amendment act, 2004, amending the unlawful activities (prevention) act, 1967 ('uapa' hereinafter). ..... law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state:provided that nothing in this clause shall prevent parliament ..... iii) disruption of any supplies or services essential to the life of the community in india or in any foreign country; or(iv) damage or destruction of any property in india or in a foreign country used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies; or(b) overawes by means of criminal force or the show ..... transfer of arms and ammunitions to the individuals or entities listed in the schedule;and whereas the central government, in exercise of the powers conferred by section 2 of the united nations (security council) act, 1947 (43 of 1947) has made the prevention and suppression of terrorism (implementation of security council ..... act to provide for the more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and for matters connected therewith.whereas the security council of the united nations in its 4385th meeting adopted resolution 1373 (2001) on 28th september, 2001, under chapter ..... or possibility .....

Sujit Vasant Patil Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2005Bom1; 2004(4)ALLMR537; 2004(5)BomCR497; 2004(4)CTC572; 2004(3)MhLj1109

..... therefore, it was provided that after completion of the process of election, the collector of each district within a period of 15 days shall send social status certificate used by the elected candidate from the reserved constituency to the scrutiny committee for verification and that the scrutiny committee shall complete the process of verification within a period of 45 days and communicate its decision to the collector.4. ..... xxiii of 2001 are repugnant to the scheme flowing from the provisions contained in amending act no. ..... attack was mainly based on the provisions contained in chapter ixa of the constitution and the provisions of articles 14, 21, 223 and 234 of the constitution. ..... section 12 states that offences punishable under section 11 shall be cognizable and non-bailable and every offence punishable under the act shall be tried by any magistrate of first class in a summary way and provisions of section 262 except sub-section (2) to 265, both inclusive, of the code of criminal procedure, shall as far as possible may be applied to such trial. ..... (3) the appointing authority of the central or state government, local authority, public sector undertakings, educational institutions. ..... his children are also precluded from claiming benefits under the similar caste claim in future. ..... this writ petition has been placed before us because the division bench of this court has referred following three questions for consideration to the full bench by order dated 30-1-2004. .....

Nagpur Land Developers Association Through Its President and ors. Vs. ...

Court : Mumbai

Reported in : 2005(3)MhLj881

..... section 116 in terms as amended provide that the special planning authority shall have all powers of the planning authority under this act as provided in chapter vii for the special purposes of acquisition of such land in the notified area as it considers to be necessary for the purpose of development in that area either by agreement or under the land acquisition act, 1894 (i of 1894), or any land adjacent to such area which is required for the development of the notified area ..... present case that is if the appellant corporation which had initially proposed to acquire the land for extension of sewerage treatment plant wanted subsequently to acquire the same land for its staff quarters then such a purpose must be specifically indicated in the plan meaning thereby that the land must be shown to be reserved for the staff quarters of the corporation and then the special planning authority which had become the ..... even central excise commissioner has notified the said fact to the business houses, business federation that nagpur airport is ..... equally appreciative of the fact that though the large number of contentions were raised, but they were put succinctly which has made us possible to dispose of the present group of writ petitions within a very short period of time than would have normally taken in such a ..... a development plan, allocation of land for various private and public uses, preparation of a town planning scheme and making provisions for future development of the area in question .....

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 cultivation of tea in, and ofthe export of tea from, india and for the purpose of establishing a teaboard and levy a duty of excise on tea produced in india.the statement of objects and reasons, the report of the selectcommittee as also the various amendments made therein from time to time,particularly amending act 21 of 1967, amending act 22 of 1970, amending act75 of 1976, amending act 38 of 1983 and amending act 24 of 1986 leave nomanner of doubt that the tea industry had ..... the real nature of the levy and find out ifsuch levy encroaches upon the field reserved for central legislation.all the minerals form part of the land ..... well as allvarieties of the product known commercially as tea made from the leaves ofthe plant camellia sinensis (l) o.kuntze including green tea;";is in pari materia with the state act.chapter ii of the act provides for constitution of the tea board.section 10 provides for the duties and functions of the board which in nouncertain terms states that it shall be the duty of the board to promote bysuch measures, as it thinks ..... therefore not possible to accept the contention, that the factthat the lessee or licensee pays a royalty on the (sic)aral won, which isin excess of what he would pay if his right over the land extended only tothe mere use of the surface land, places it in a category different fromother types where the lessee uses the ..... legislature of a state which has repercussion on tariffs, licensing, marketing regulations, price-control ..... 2004 .....

Anil Kumar Gupta Son of Late Sri Om Prakash Gupta Vs. the Oriental Ins ...

Court : Allahabad

Reported in : [2006(111)FLR237]

..... it has also been contended that provision of 3% reservation for physically handicapped employees in the posts filled by promotion under promotion policy for supervisory, clerical and subordinate staff was introduced vide head office circular dated 08.12.2000 preceded by amendments subject to promotion policy approved by the board ..... - every appropriate government shall appoint in every establishment such percentage of vacancies not less than three per cent, for persons or class of persons with disability of which one per cent, each shall be reserved for persons suffering from-(i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy, in the posts identified for such disability:provided that the appropriate government may, having regard to the type of work carried on in any ..... that all functions of corporation, specified in this section, on the commencement of general insurance business (nationlasation) amendment act, 2002 shall be performed by central government. ..... vacancies for the year has to be worked out and determined in the month of january as per norms prescribed, and the promotional process has to be completed as far as possible by 30th ..... much capital is sought to be made out from the use of the word 'all groups' in paragraph 1 (ii) of ..... act in chapter vi provides for ..... 2004 has been filed complaining illegal rejection of candidature and also complaining that 3% reservation ought to have been provided in the category of aao(o) as per 1995 act .....

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

..... may be noticed is the decision of the full court in re : the bill to amend section 20 of the sea customs act, 1878 and section 3 of the central excises and salt act, 1944 : 1963 (3) scr 787 in which the law was stated in the following words :-'this will show that the taxable event in the case of duties of excise is the manufacture of goods and the duty is not directly on the goods but ..... ;provided that no duty or gallonage fee or vend fee or other taxes shall be levied under this act on rectified spirit including absolute alcohol which is not intended to be used for the manufacture of potable liquor meant for human consumption.explanation :- for the purpose of this section and section 18, the expression 'duty of excise', with reference to liquor or intoxicating drugs, include countervailing duty on such goods manufactured or produced elsewhere ..... have laid down in no uncertain terms that an excise duty need not necessarily be regarded as being a levy only on the manufacturer and it is possible for a law to provide that excise duty may be levied not on the manufacturer but ..... acts and excise act it appears that various provinces/states reserve to themselves in their respective states the right to transfer exclusive or other privileges only in respect of manufacture and sale of alcohol and not in respect of possession and use ..... chapter iv of the act ..... 2004)11scc26 , he also submitted that all the rights relating to liquor are vested in the state and the state may part with the privilege for .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... - (1) subject to the provisions of section 110, nothing in this act, except section 8, shall apply to lands,- (vi) used for the cultivation of linaloe; (2) notwithstanding anything in sub- section (1), no person shall, after the date of commencement of the amendment act acquire in any manner for the cultivation of linaloe, land of an extent which together with the land cultivated by linaloe, if any, already held by him exceeds ..... of customs and central excise, cochin and ors ..... basu in his book shorter constitution of india , 13th edition, dealt with article 300a in chapter iv wherein the learned author expressed some reservation about the views expressed by seervai, as well as prof. ..... cantonment areas in a state should be subject to the same legislation relating to control of rent and regulation of housing accommodation as in force in other areas of the state and this policy was given effect to by empowering the central government to extend to a cantonment area in a state the tenancy legislation as in force as in other areas of the state including future amendments and that there was no abdication of legislative functions by parliament. 38. ..... two conditions on the exercise of the power of eminent domain: the first requisite is public advantage and then compensation from the public funds be made, if possible, to the one who has lost his right. ..... union of india & others (2004) 4 scc 311, malpe vishwanath achraya & ..... rasheed & others (2004) 4 scc 460, south india corporation (p) .....

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

..... was renumbered as section 5(1) and sub -clause (2) was added by the patents (amendment) act, 1999 and product patent for a medicine or a drug can now be applied for and it may be granted under section 5 (2) in the manner provided under chapter iv (a).5. ..... it is submitted that the trips contemplates provisions for 'exclusive marketing rights, whereas the amendment act, 1999 travels beyond and provides for an exclusive marketing right which enables its grantee to sell, market ..... ep (uk) 0 564 409 in respect of the 1993 invention for imatinib per se, by their solicitor's letter dated march 5, 2004, the plaintiffs specifically reserved their right to institute proceedings for infringement of their patent in respect of 'b-crystalline form of imatinib mesylate' being protected in ..... hence, there has been no invention post 1.1.1995 as contemplated by the act.the technical information of the aforesaid canadian patent became public knowledge insofar as india is concerned way back in 1993 and any person could use, manufacture or sell these compound/salts, including imatinib mesylate, freely in india thus, the emr granted to the plaintiffs is for a product which is a known molecule prior to 1995.the plaintiffs had full knowledge of the ..... if this be so, the defendants cannot now be possibly be allowed to 'continue to infringe the plaintiffs emr in india, when the products are ..... , therefore in my opinion, the court should not pass any interim order which may possibly lead to such a situation. .....