Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Court: us supreme court Page 1 of about 199 results (0.250 seconds)

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 .....

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 .....

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) .....

Bondu Ramaswamy Vs. Bangalore Development Authority and ors.

Court : Supreme Court of India

..... made by the legislature of a state shall have effect unless such law, having been reserved for the consideration of the president, has received his assent.by the constitution (forty fourth amendment) act, 1978, the right to property was deleted from the list of fundamental rights by omitting ..... state governments and development authorities:(i) absence of proper or adequate survey and planning before embarking upon acquisition;(ii) indiscriminate use of emergency provisions in section 17 of the la act;(iii) notification of areas far larger than what is actually required, for acquisition, and then making arbitrary deletions and withdrawals from the acquisitions;(iv) offer of very low amount as ..... and it may not be possible to rectify or correct mistakes in the future.section 3 of bda act relates to constitution and ..... a law made by the state legislature (bda act) and an existing central law in regard to a matter enumerated in the concurrent list (la act), then subject to the provisions of clause (2) thereof, the existing central law shall prevail and the state law, to ..... act was exhaustively amended by amendment act 35 of 1994 to bring the said act in conformity with chapter ..... the notings show that in response to the further information sought by the government on 17.2.2004, the authority furnished the required information, that is, the authority will bear the entire expenses for akravathi layout project from its own sources, it also noted that the bda had informed that .....

Girnar Traders Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782

..... 2005 as posed by the order of reference is whether all the provisions of the land acquisition act, 1894 as amended by the central act 68 of 1984, can be read into the provisions under chapter vii of the maharashtra regional and town planning act, 1966 (for short, the mrtp act) for an acquisition under that act. ..... saving clause appears in the general clauses act, their lordships think that the principle involved is as applicable in india as it is in this country.it seems to be no less logical to hold that where certain provisions from an existing act have been incorporated into a subsequent act, no addition to the former act, which is not expressly made applicable to the subsequent act, can be deemed to be incorporated in it, at all events if it is possible for the subsequent act to function effectually without the addition. ..... in other words, if the reservation lapses, the land owner could use the land for the purposes for which the adjacent lands are permitted to be used under the development plan or ..... assistant collector of central excise : 1978(2)elt393(sc) and special land ..... this decision, their lordships have indicated that in the absence of anything to suggest that the state legislature intended to bind themselves to any future additions, which might be made in the central act, it would not be proper to infer that all amendments subsequent to the adoption would automatically apply. ..... is before us on the basis of an order of reference dated 14.10.2004 reported as girnar traders v. .....

N. Kannadasan Vs. Ajoy Khose and ors.

Court : Supreme Court of India

Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104

..... by another letter dated 7-1-2004, the chief minister of haryana drew the attention of the chief justice of the punjab and haryana high court to the newly introduced section 16(1a), vide (amendment) act 62 of 2002, and stated that since the post of the president of the state commission was vacant at the moment, an hon'ble sitting judge of the punjab and haryana high court was required to be nominated to act as chairman of the ..... which was reserved for the use of crown. ..... reappointed if it is found that he is otherwise disqualified therefor, namely to satisfy the test of fitness and suitability, physical, intellectual and moral, before the central government can, consistently with its constitutional obligation and in public interest, decide to reappoint him as an additional judge or appoint him as a permanent judge.some ..... history of appointment of ad hoc or temporary judges, the provisions of the government of india act, 1915; section 220 of the government of india act, 1935 and the speech of sir tej bahadur sapru expressing his firm opposition to the practice of appointing acting or additional judges to note that the drafting committee took the view that 'it was possible to discontinue the system of appointment of temporary and additional judges in the high courts altogether ..... unfortunately resulted in grave and serious consequences of far-reaching effect on the future of not only the judicial institutions but also almost all the government departments. ..... chapter v of the constitution .....

Central Bank of India Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216

..... central excise act, which was considered by the two-judge bench in sicom's case, does not contain a provision similar to those in central legislations like section 14a of the workmen's compensation act, 1923, section 11 of the epf act, section 74(1) of the estate duty act, 1953, section 25(2) of the mines and minerals (development and regulation) act, 1957, section 30 of the gift tax act, 1958 and section 529a of the companies act ..... or an existing 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 from enacting ..... ' after the amendment of 2004, 'debt' means 'any liability (inclusive of interest) which is alleged as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or ..... general words used in a statute that they are to be, if possible, construed ..... chapter iv of the drt act contains procedure required to be followed by the tribunal for deciding an application made for ..... in property, whether movable or immovable, or in such debt, receivables, whether such interest is existing, future, accruing, conditional or contingent or any financial assistance. .....

Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court : Supreme Court of India

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... act by the amendment act, 1974 is as follows:for the purposes of explanation i 'political party' shall have the same meaning as in the election symbols (reservation and allotment) order, 1968, as for ..... the whole evidence on record on these two matters, which i shall presently deal with, that learned counsel for the, election petitioner could not possibly usefully add anything to the replies he actually gave on the questions put to him on these matters ..... act, 1951 (central act 43 of 1951); the representation of the people (amendment) act, 1974 (central act 58 of 1974); and the election laws (amendment) act, 1975 (central ..... the validity of article 329-a(4) relied on the following passage:it is worthy of notice, however, that there are cases in which judgments requiring acts to be done in the future may validly be affected by subsequent legislation making illegal that which the judgment found to be legal, or making legal that which ..... air1973sc1461 , that' such an immunization of an enactment from an attack based upon an alleged violation of the chapter on fundamental rights is constitutionally valid, i do not think that a similar attack can be brought ..... giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the government and belonging to any of the following classes, namely:(a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the union; (d) members of the police forces; (e) excise officers; (f) .....

Girnar Traders and Digambar Motiram Jhadhav. Vs. State of Maharashtra ...

Court : Supreme Court of India

..... for reading the provisions introduced by the land acquisition (amendment) act, 1984 (hereinafter referred to as the `central act 68 of 1984') into chapter vii of the maharashtra regional and town planning act,1966 (for short, `the mrtp act' or `the state act') and section 11a of the land acquisition act, 1894 (for short, `the land acquisition act' or `the central act ..... central excise and salt act, 1944 which defines the expression `manufacture' as defined in central excuse and salt act, 1984 which came to be enlarged by amendment of the definition the year 1980, would apply to the provisions of the additional duties of excise (goods of special importance) act, 1957 and whether such an amendment of the 94central excise act ..... limits of the legislative power, the difficulty must be resolved, as far as possible in favour of the legislature putting the most liberal construction upon the legislative entry ..... which, to some extent, have been referred to in the order of reference dated 14th october, 2004 which reads as under: "this appeal is directed against the judgment of the division bench of ..... a law and future amendments to the law ..... chapter iii of the mrtp act deals with preparation, submission and sanction of development plan and, primarily, provides for use of land for purposes such as residential, industrial, commercial, agricultural, recreational, schools, colleges and other educational institutions, open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves .....