Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Page 8 of about 1,651 results (0.308 seconds)

Dr. Ambedkar Seva Samajam, Rep. by Its General Secretary, M. Jaya Rao ...

Court : Andhra Pradesh

Reported in : 2007(1)ALD520; 2007(1)ALT345

..... scheduled caste category persons from being elected to the respective offices though the said respective offices are reserved for the said category.in the light of the above facts, this court is of the considered opinion ..... twenty years has to be computed, the decision of the central government shall be final, subject to the usual appeals provided for in this act.section 11 of right to information act:third party information:(1) where a central public information officer or a state public information officer, as ..... following corrupt practices:(i) any election offence falling under section 18, of the act or under chapter ix-a of the indian penal code when committed by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent;(ii) any payment ..... 1970 as amended form time to time (as amended by the scheduled castes and scheduled tribes lists (modification order 1956) the scheduled castes and scheduled tribes orders (amendment) act 1976).sri ..... act, or where, in the case of any arrears, this act does not require the service of any bill or notice, within three months after a notice requiring payment of the arrears, which notice is shall be the duty of the commissioner to serve at the earliest possible ..... to/or from the place where the vote is recorded'; and(iv) the hiring, using or letting, as a committee-room or for the purpose of any meeting to which electors are admitted of any building, room ..... law in 2004 after due enquiry as per the .....

State of Bihar Vs. Upendra Narayan Singh and ors.

Court : Supreme Court of India

Reported in : JT2009(4)SC577; (2009)5MLJ39(SC); 2009(4)SCALE282; (2009)5SCC65; 2009(2)SLJ392(SC); 2009(4)LC1651(SC)

..... reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or (4a) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation ..... this court reversed the order of the high court and observed:it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel ..... amendment) act ..... approaching it is found entitled to relief, it may be possible for it to mould the relief in such a manner that ultimately no prejudice will be caused to him, whereas an interim direction to continue his employment would hold up the regular procedure for selection or impose on the state the burden of paying an ..... this court, while reversing an order passed by the central administrative tribunal which had directed the union public service commission to relax the age requirement in the respondent's case, elucidated the meaning of the expression 'equality of opportunity for all citizens in matters relating to public employment' ..... intended to be used for a purpose certain to defeat the concept of social justice and equal opportunity for all, subject ..... future ..... excise ..... : (2004)iiillj780sc , a three-judge bench held that when appointments were made in contravention of mandatory provisions of the act and statutory rules framed .....

Coimbatore Stock Exchange Limited Represented by Its Director Ashok Lu ...

Court : Chennai

Reported in : [2007]137CompCas863(Mad); [2007]74SCL1(Mad)

..... such of its powers and functions under this act (except the powers under section 29) as it may deem necessary.section 4(5) of the scrano rules of a recognised stock exchange relating to any of the matters specified in sub-section (2) of section 3 shall be amended except with the approval of the central government.section 11(4) of the scrathe central government may at any time before the determination ..... pre-decisional hearing by the very nature of the situation and circumstances in which it is required to be invoked and the interim measure is only to prevent further possible mischief of tampering with the affairs of the stock exchange and securities market in order to ensure protection, orderly and health growth of securities market so as to make ..... , it did not mean that he reserved to himself the right to intervene ..... of the findings indicating certain deficiencies and irregularities in the functioning of the exchange, granted conditional renewal of recognition for a period of one year commencing on the 18.09.2003 and ending on 17.09.2004 and the said conditions were as under:......25. ..... amendment of section 68 by inclusion of delegation of the functions of the commissioner under sections 105b to 105e does not indicate the intention that the judicial or quasi-judicial powers contained in chapter ..... the future of ..... whereas under sebi act, the order is appealable but not so under the scra and if delegation of power under sebi act is used for exercising powers under scra, it would be clearly .....

Godfrey Philips India Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : (2008)17VST465(MP)

..... the entry tax act and referring to the decisions rendered by the apex court culled out the principles and further dealt with the 73rd and 74th constitutional amendments, by which chapters ix and ixa were introduced in the constitution of india for the purpose of conferring ..... for the construction, expansion, maintenance and repairs of the gas pipeline, the charge or tax would firstly, be outside the purview of article 301 as it would facilitate the movement part of trade and secondly would also be compensatory in nature in view of the working test laid down in the case of automobile transport 0065/1962 : [1963]1scr491 even if the pipeline is not reserved for the exclusive use ..... central excise ..... has been made to declare the provision contained in the 1976 act and the amending act, 2004 and ordinance, 2006 as ultra vires and further to command ..... account of providing or adding to the trading facilities either immediately or in future provided the quantum of tax sought to be generated is based on a ..... of goods for consumption, use or sale within all local areas in the state is clearly arbitrary and discriminatory and is hit by article 301 of the constitution because between discriminative tariffs and trade barriers on one hand and taxation for raising revenue ..... and for carrying on such business the existence of basic resources like infrastructure, roads, proper hygiene, lighting, drinking water, health, sanitation and adequate civil administration are necessary because it is not possible to have .....

Adhiyaman Educational and Research Institutions Vs. the State of Tamil ...

Court : Chennai

Reported in : AIR1991Mad246

..... finding of the learned judge on the crucial question of law was expressed in the following terms :".....in my view, after the central act 52 of 1987 came into force, the duly is imposed only on the aictf for recognising or derecognising any technical institution in the country and it is not open to the state government or the university to give ..... of a state with respect to one of the matters enumerated in the concurrent list shall prevail in cases of repugnancy, if the !aw has been reserved for the consideration of the president and had received his assent. ..... " entry 11 in list ii before the amendment of the constitution by the constitution (fortysecond amendment) act 1976 was as follows :-- "education including universities, subject to the provisions of entries 63, 64, 65 and 66 of ..... is not possible for the university to contend that the grant of provisional affiliation is itself bad and consequently, institutions like that of the petitioner cannot seek continuance of the same or challenge the invocation of statute 44.a of chapter xxvi of ..... of orissa, , thiscourt in considering the import of the expression "subject to" used in an entry in list ii, in relation to an entry in list i observed that to the extent of the restriction imposed by the use of the expression "subject to" in any entry in list ii, the power ..... and their admissions should not now be disturbed because if they are now thrown out after a period of almost four years since their admission their whole future will be blighted. .....

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

..... , the constitution did provide for a legislature for the union territory of delhi [national capital territory of delhi] by the sixty-ninth (amendment) act (article 239-aa) but even here the legislature so created was not a full-fledged legislature nor did it have the effect of assuming that it could lift the national capital territory of delhi from union territory category to the category of states within the meaning of chapter i of ..... prevail and the law made by the legislative assembly shall, to the extent of the repugnancy, be void: provided that if any such law made by the legislative assembly has been reserved for the consideration of the president and has received his assent, such law shall prevail in the national capital territory: provided further that nothing in this sub-clause shall prevent parliament ..... raised on behalf of the petitioners therein was since sections 99 and 100 of the motor vehicles act, 1988 use the expression state government , the function of hearing and deciding objections under section 100(2) ..... to the central government as provided under chapter v of the transaction of business rules is possible ..... it is contended by the petitioner that in the light of the provisions of the electricity act, 2003 and the delhi electricity reforms act, 2000 read with the notification dated 20.02.2004, the 'government' means the lieutenant governor only and, therefore, the directions to ..... the persons responsible for these irregularities, if any, and to suggest future course .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... to saleable or marketable commodities produced by the assessee and cleared by the assessee for home consumption under the central excise act.while drawing the aforesaid conclusion, a clear distinction was drawn between two different aspects ..... 'direct-to-home' (dth) broadcasting service had been included, by the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) amendment act, 2009 notified on 16.03.2009, the petitioner company expressly acknowledged, that 'direct-to-home' (dth) broadcasting service is an ..... under the legislative field exclusively reserved for the state legislature, the levy of tax by more than one statute ..... are prominent objectives and they have been clubbed together under a composite contract, it would be possible to treat them separately; for example, where in a holiday package, transportation, boarding and lodging are separately treated, it would be possible to asses them s eparately, though covered under the same contract.'38. ..... act, 2004 on the subject matter of the controversy in hand were identical to the ones incorporated under the finance act, 2002, and as such, the relevant provisions of the finance act, 2004 ..... tax' means tax leviable under the provisions of this chapter;section 65(105) (zk) of the finance act, 2003 again while defining the term 'taxable service', ..... required to pay, in addition to the aforesaid licence fee, royalty for spectrum use at the rates prescribed by the wireless planning & coordination authority under ..... in future by .....

Chairman, Indore Vikas Pradhikaran Vs. Pure Industrial Cock and Chem. ...

Court : Supreme Court of India

Reported in : AIR2007SC2458; 2007(4)MPHT1(SC); 2007(8)SCALE110; (2007)8SCC705; 2007AIRSCW4387; AIR2007SC2458; JT2007(7)SC352;

..... vested right or settled expectation cannot be set up against statutory provisions which were brought into force by the state government by amending the building rules and not by the corporation against whom such vested right or settled expectation is being sought to be ..... that the scheme provides for construction of a bypass road of 70 feet width, any construction by the builders would lead to haphazard development and, thus, would completely destroy the purpose for which the land was to be reserved for planned development of the ..... (vi) chapter v of the act provides for preparation of zoning plans and the contents thereof having been prescribed, the safeguards envisaged under sections 18 and 19 of the act would take care of public interest involved, inasmuch the overall control and development as also land use is vested in the director and in that view of the matter unless a final development plan comes into being, the appellant-authority cannot be held to have any jurisdiction there ..... a proviso has been added thereafter to sub-section (4) by act of 2004 in terms whereof a draft scheme must be approved within the ..... in fact, unless it is known as to what the contents of a possible town planning scheme would be, or alternatively, whether in terms of the development plan such a scheme at all is required, the intention ..... 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 .....

Vichitra Banwarilal Meena Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1982Raj297; 1982()WLN294

..... scheduled tribe persons as possible to return to the lok sabha and the vidhan sabhas against general seats, from their parties, the time will automatically come when the need for separate reservations for them may disappear ..... . held that section 4 of the constitution 42nd amendment act was bevond the amending power of parliament and was void, since it damaged the basic and essential features of the constitution and destroyed its basic structure by a total exclusion of challenge to any law on the ground that it was ..... will read these pessimistic figures of the last ten years which prove the myth and negate the neurotic rhetoric about the sc and st communities having cornered all the posts in the central government from chaprasi to secretary 'accelerating thereby the impending calamity of administrative collapses due to the disproportionate presence of the 'inefficient' social components ..... . 25 (2) (r)) :(iv) the removal of any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public (article 15);(v) the curtailment by law, in the interests of any scheduled tribe, of the general rights of all citizens to move freely, settle in, and acquire property ..... . 1972, under article 338 of the constitution (chapter 13 of report of commissioner, sc & st dated .....

Hari Om Yadav S/O Shri Viddhya Ram Yadav Vs. State of U.P. Through Its ...

Court : Allahabad

Reported in : 2006(1)AWC771

..... scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide.provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state' shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as ..... panchayat laws (amendment act, 1994), on the basis of the aforesaid arguments learned counsel for the petitioner has concluded that no law can be made by legislature laying down disqualification of a chairperson by the state enactment, as has been done in the instant case, since part ix is silent regarding disqualification of a person to continue as ..... exists any difficulty in ascertaining the limits of the legislative power, it must be resolved, as far as possible, in favour of legislature, putting the most liberal construction on the legislative entry so that it is intra vires ..... statutory provisions go to show that wherever as a matter of fact the legislature wanted an unrestrictive exemption the same has used 'any income' without any restriction so as to make it explicit that the entire income of the assessee would be exempted ..... as a procedural facet chapter 18 of the code of criminal procedure, 1973 (for short 'the code') and the relevant provisions in the evidence act, 1872 deal with adduction of evidence and consideration thereof by the court, in proof of the guilt or its ..... : (2004)1scc391 .....