Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Page 2 of about 1,651 results (0.346 seconds)

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP60; 2003(3)ALD762

..... the central enactment clearly speaks of determination of tariff for using transmission facilities by the state commission to be constituted under central electricity regulatory commission act by providing necessary guidelines for fixation of charges ..... nadu public men (criminal misconduct) act, 1973 and the code of criminal procedure, as well as the prevention of corruption act and criminal law amendment act, having surveyed the case law, ..... to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled ..... has been reserved for theconsideration of the ..... tariff act, 1934 imposing only countervailing duty, their lordships of the supreme court held that 'the central excise act and salt act, 1944 and indian tariff act ..... the court should avoid interpretation of provisions of two statutes 'a head on clash' and whenever it is possible to do so, to construe provisions which appear to conflict so that they harmonise in the following words:'a familiar ..... review of the incentives to take effect from 1st april, 2004, will be undertaken by the commission after discussions with ..... under section 22(2) of the act, subject to the provisions of chapter iii and without prejudice to the provisions of sub-section (1), .....

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. .....

H.C. Yatheesh Kumar and ors. Vs. the Karnataka Election Commission and ...

Court : Karnataka

Reported in : ILR2005KAR3323

..... of census figures for these categories, it is possible for the respondents to specify what are the factors that are required to be taken into consideration while alloting the seats reserved for backward classes and ..... 3 as stated above, this court observed:-'we have already held that the said amendment act is constitutionally valid, and the same reasoning holds good insofar as the constitutional validity of this rule is concerned'.the supreme court of india in sreenivasa ..... dignity of the individual and the unity and integrity of the nation:in our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution'.under chapter iv of our constitution the directive principles of state policy, article 40 emphasises that the state shall take steps to organise village panchayats and endow them with such powers and authority as may be ..... of india has, however, emphatically ruled that by the use of 'as if enacted in this act' formula, subordinate legislation does not lose its character of being subordinate to the parent act, and that the formula does not bestow 'any additional sanctity' to subordinate legislation which if not made within the strict limits of the authority conferred by the parent act is always open to challenge on the ground that it ..... of allotting the reserved seats is followed in future this kodalipet constituency may be rotated only among sc women and bc-a for all the times ..... to be published in the month of august 2004. .....

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 .....

Woodward Vs. De Graffenried

Court : US Supreme Court

..... said nation or tribe is also completed, the commission heretofore appointed under acts of congress, and known as the 'dawes commission,' shall proceed to allot the exclusive use and occupancy of the surface of all the lands of said nation or tribe susceptible of allotment among the citizens thereof, as shown by said roll, giving to each, so far as possible, his fair and equal share thereof, considering the nature and fertility ..... members, and those holding leases from them, are deriving more than their share of the profit, so it has provided that all valuable mineral deposits be reserved to the tribes and be set apart as incapable of allotment, and that such mineral deposits be in the future leased under rules and regulations prescribed by the secretary of the interior. . . . ..... besides; (b) 29, which ratified an agreement made by the dawes commission with commissions representing the choctaw and chickasaw tribes on april 23, 1897 (the "atoka agreement"), as amended, the same to be of full force and effect if ratified before december 1, 1898, by a majority of the votes cast by the members of the tribes at an election held for that purpose; "and if said agreement as amended be so ratified, the provisions of this act shall page 238 u. s. ..... pointed out the successive acts of legislation; culminating in 26 and 28 of the curtis act itself, by which congress had displaced the tribal laws of descent and distribution, and substituted the arkansas law as expressed in chapter 49 of mansfield's .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... the official gazette, reserve any area for the exploitation by the government, a corporation established by the central, state or provincial act or a government company within the meaning of section 617 of the companies act, 1956 (1 of 1956) (ii) rule 59 was amended first on 9.7.1963 ..... namely:] (a) 2[xxx] such estate or tenure including the interests of the proprietor or tenure-holder in any building or part of a building comprised in such estate or tenure and used primarily as office or cutchery for the collection of rent of such estate or tenure, and his interests in trees, forests, fisheries, jalkars, hats, bazars, 3[mela] and ferries and all other sairati interests , ..... iii) confirmation by the government of bihar to the central government in 1994 that no mining areas were reserved for public sector undertaking in the then state of bihar; (iv) confirmation by the state government in 2001 to central government that there are no reserved areas in the state and (v) in 2004, the recommendation by the state government in favour of the appellants to the central government for grant of prior approval and reminder in 2005, in ..... also leaves for future generations to conserve and develop the natural resources of the nation in the best possible way. ..... 1957 act and held that there was nothing in 1957 act or 1960 rules to require that the restrictions imposed by chapters ii,iii and iv of the 1960 rules would be applicable even if state government itself wanted to exploit a mineral for, it ..... excise .....