Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Page 6 of about 1,651 results (0.366 seconds)

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... and hills offer an example of geographic and territorial insularity in terms of fiscal values and natural resources; the limited possibility for maintenance of human numbers, standards of living and property; the people of these areas are classes of citizens who do not make effective use of resources; there are large areas of land that maintain a sparse, disorderly and illiterate population of small ..... 2004 directing provision of 5% reservation for muslims in the state in educational institutions and public employment, over and above the reservations ..... the u.s. courts have interpreted equal protection clauses of the fifty amendment and fourteenth amendment (amendment v no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put ..... classification. apprehending that these observations of the high court would limit the state's future programmes of reservations, the correctness of the high court's observations was canvassed before the supreme court, though as ..... found included in chapter iii of ..... castes/communities in andhra pradesh as per anthropological survey of india's publication 'india's communities', the commission rejected the request for inclusion of muslim in the central list of backward classes as it is not a socially homogenous class .....

Bhikhubhai Vitthalbhai Patel and 26 ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (2006)1GLR558

..... 2004 under proviso to section 17(1)(a)(iii) of the said act inviting suggestions and objections with respect to the proposal for modification of the draft revised development plan pertaining to the lands in question by removing the reservation for education complex of south gujarat university and by classifying the same lands for educational use ..... act is not a complete code in itself and that philosophy as manifested in section 127 of the maharashtra regional and town planning act, 1966 can be adopted in the present case also.11.9 reliance was also placed on the decision of the hon'ble supreme court in the case of collector of central excise ..... public at large and considering the requirement of providing for a proper lay out for the future development of cities and its surrounding areas, as ..... amending the gujarat town planning and urban development act, enabling the authority to allot land for various purposes, the bench was pleased to hold that in view of lapsing of the reservation in terms of the provisions of sub-section (2) of section 20 of the said act, the same lands again cannot be reserved by earmarking the same for allotment for various purposes in exercise of powers under section 40(3) of the said act ..... for the land in question would not be possible for this court to suggest when the government as a policy decision has provided for certain designation.12.7 reliance was placed on the decision of this court dated 14.10.2004 ..... chapter by chapter, section by section and word by word. .....

Thiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...

Court : Chennai

Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)

..... (amendment) act, 2002 and in the competition act, both enactments being of the year 2002, the term of office is specified as three years, even after the seven judge bench of the supreme court had indicated in 1997 in the case of sampath kumar that even a five year term was not sufficient, as some time would be taken by most of the members to get used to the jurisprudence of the branch ..... the executive would find the temptation much too great to resist, to take more and more out of the area reserved for the judiciary, which area has been carved out for the judiciary by the makers of the constitution solely with a view to ensure the independent and impartial ..... tribunals in the country - the income tax appellate tribunal, customs, central excise and gold (control) appellate tribunal and the administrative tribunals, and suggested ..... the judiciary from all forms of interference from the co-ordinate branches of the government is a basic essential feature of the constitution, the same independence from possibility of executive pressure or influence must also be ensured to the chairman, vice chairman and members of the administrative tribunals.....the constitution makers have made ..... attached, and to provide that persons holding the new judicial offices should not be appointed in the manner and on the terms prescribed under chapter vii for the appointment of the members of the judicature', and observed, 'if this were the case, there would be nothing to prevent the parliament .....

S. Nagender Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2006(4)ALD210; 2006(4)ARBLR75(AP)

..... after allowing the 1967 rules with amendments carried out in 1984 to prevail for about a period of six years, the state government decided to repeal the 1967 rules and to replace them by the impugned executive instructions with no provision for reservation of posts of law officers for backward classes, scheduled castes and scheduled tribes advocates and accordingly issued the impugned notification and the order, dated 16.3.1990, giving rise to these questions. ..... the hon'ble supreme court dealt with the expression/phrase as far as possible and held that when such an expression is used it connotes that the discretion to follow the guidelines is vested with the concerned authorities. ..... meritorious was undertaken and the appointments were made only on the basis of the merit and not for any other consideration.it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel and the government advocate, additional government advocate, deputy government advocate and assistant government advocate, the state government is under no ..... land grabbing (prohibition) act 1982 and also one special counsel on central administrative tribunal, hyderabad bench besides two special counsel for commercial taxes in june/july 2004. ..... at p.573 with the heading 'application for judicial review' in chapter 17, it is stated thus:all the remedies mentioned are then made interchangeable by being made available 'as an alternative or in addition' to any of them. .....

Dr. B.R. Ambedkar Medical College and anr. Vs. Union of India (Uoi) an ...

Court : Karnataka

Reported in : ILR2005KAR783; 2005(1)KarLJ576

..... recognised, for which the mci and the central government had fixed the intake in accordance with the then existing regulations prior to the amendment act came into force, did not fall for consideration ..... college and the banks are not coming forward to advance any loan to the appellants due to the impugned directions issued by the mci, no useful purpose would be served by directing fresh inspection of the medical college by the inspectors of the mci, without restoring the status quo ante obtaining as on ..... committee constituted by the hon'ble high court under the chairmanship of a retired judge of this court and that the future prospects and livelihood of large number of students and employees are at stake, the mci proceeded to reject the representation without considering any of the factors brought ..... to provide one more opportunity to the petitioners by way of a direction to place additional material in the light of the order of this court dated 31-3-2004 with regard to their finance and with regard to their readiness in removing the deficiencies with a time frame by way of representation and such representation is ..... section 53, falling in chapter ix of this act, provides for maximum number of students to be admitted to courses for studies in a ..... act and we do not find provision by virtue of which we can possibly concede the power to the mci to stop admissions pending final order by the central government after going through the procedure prescribed under section 19 of the act ..... reserved to .....

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

..... of section 6;'(fii) in section 9, for the second proviso, the following provisos shall be substituted, namely:-'provided further that in the case of a primary credit society which becomes a primary co-operative bank after the commencement of clause (iii) of section 42 of the banking laws (amendment) act, 1983, the period of seven years shall commence from the day it so becomes a primary co-operative bank.provided also that the reserve bank may, in any particular case ..... while circulars issued under statutory power by agencies such as the central board of excise and customs, central board of revenue or the central board of direct taxes have been treated as admissable aids to construction, instruments and directions issued by revenue department for enforcement of taxing statute have not been considered as an admissible ..... notwithstanding' in clause (1) also means that if it is not possible to reconcile the two entries the entry in list i will prevail ..... used in this chapter but not defined shall have the meaning respectively assigned to them in the said ..... learned single judge of this court by the order dated 11-10-2004 granted interim stay of all further proceedings pursuant to the certificate dated 14-6-2004, on condition that the writ petitioner should deposit half the ..... market' (entry-48 list-i) was construed as a specific entry which abstracts from the general entry relating to 'trade and commerce within the state' (entry-26 of state list), the legislative field of 'future markets. .....

Shri Vijay C. Puljal Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)

..... under clause (a) of sub-section (3) every deposit accepted by a company at the commencement of the amending act of 1974, in accordance with the directions of the reserve bank of india under chapter iii-b of the reserve bank of india act, 1934, became liable to be repaid in accordance with the terms and conditions of the deposit unless renewed. ..... if a deposit was received by a company in contravention of the directions of the reserve bank of india under chapter iii-b of the reserve bank of india act, 1934 before the commencement of the companies (amendment) act, 1974, repayment was liable to be made in full by 1st april 1975. ..... hence, it would not be possible for this court to hold that legislation regulating deposits in relation to unincorporated entities and individuals, is referable to a legislative head in the state list;-(iv) the legislation enacted by the state legislature in the present case directly conflicts with the provisions contained in the central legislation. ..... it has different shades of meaning and must take its colour from the context in which it is used having regard to the purpose and object of the legislation, and the court must necessarily keep in view the mischief which the legislature seeks to remedy.'14. ..... these petitions have been placed before the full bench by the learned chief justice, in pursuance of a reference made on3rd september 2004 by a division bench. .....

Society for Un Aided Private Schools of Rajasthan. Vs. U.O.i. and Anot ...

Court : Supreme Court of India

Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318

..... cei act was enacted by the parliament under article 15(5), for greater access to higher education providing for 27 per cent reservation for "other backward classes" to the central government controlled educational institutions, but not on privately managed ..... i have referred to various provisions under sub-clauses (i) and (ii) of article 19(6) to impress upon the fact that it is possible to amend the said article so that socio-economic rights could be realized by carving out necessary constitutional limitations abrogating or abridging the right guaranteed under ..... article 21 says that "no person shall be deprived of his life...except according to the procedure established by law" whereas article 19(1)(g) under the chapter "right to freedom" says that all citizens have the right to practice any profession or to carry on any occupation, trade or business which freedom is not absolute but which could be subjected to social control under article 19(6) ..... their claim was not fully accepted by this court holding that no one has the right to use a public property for private purpose without requisite authorization and held that it is erroneous to contend that pavement dwellers have the right to encroach upon the pavements by constructing ..... the statute shall not remain a dead letter, remember we are dealing with the lives of our children, a national asset, and the future of the entire country depends upon their upbringing. ..... maharashtra and order dated 29-7-2004 in pushpagiri medical society v .....

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

..... even by implication, such an interpretation is not possible, as the parliament has expressly stated in the opening words that it is only 'on and from the date of commencement of the hindu succession (amendment) act, 2005' such a right is conferred on the daughter. ..... enumerated in the concurrent list contains any provision repugnant to the previsions of an earlier law made by parliament 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 the state:provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the ..... .(2) partition effected by a decree of the court.unless the partition is evidenced by a registered document and hat come into existence prior to 20th day of december 2004, the daughter who has now been conferred the status of a coparcener cannot be denied the right to the co-parcenary property which she has now acquired by birth ..... law. similarly, the word partition used in the state law is too wide and the central law defines the word partition and giving it a narrow meaning for the purpose of section ..... question. a statute which operates upon acts and transactions which have not occurred when the statute takes effect, that is, which regulates the future, is a prospective ..... . chapter iii of the act deals with testamentary succession .....

Cosmopolitan Club, rep. by Its Hon. Secretary Vs. the Deputy Director, ...

Court : Chennai

Reported in : 2006(2)CTC1; (2006)IILLJ922Mad; (2006)1MLJ602

..... by amendment act 29 of 1989, sections 45-c to 45-i were inserted in the principal act, for the purpose of effecting recovery of arrears by attachment and sale of movable and immovable properties or establishment of ..... court in so many decisions, held, that while interpreting a proviso in a statute, it is the duty of the courts to avoid and wherever it is possible to do so, to construe provisions which appear to conflict so that they harmonise and even if the proviso to explanation under section vi provides for limitation on the claim of contribution, the same must be construed so as not to defeat the very purpose of the enactment. ..... with 'commencement of proceedings' before the insurance court under chapter vi, the proviso to the section, imposing limitation, will ..... the main thrust of the argument by the learned senior counsel for the appellants is that most of the decisions rendered by this court as well as other high courts and cited by the learned counsel for the respondents were prior to introduction of act 28 of 1989; therefore, those decisions would be of no use; further, this court, in several decisions, followed the vijayan pillai's case, reported in 1998 2 l.l.n. ..... proviso, a power has been reserved by which the court can ..... the central and ..... 5041 of 1999, dated 18.12.2004, giving reasons for not accepting the full bench conclusion, arrived at by kerala high court : on a plain reading of section 45a, 45b and section 75 of the act, there can be no doubt that the area and field .....