Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Page 9 of about 1,651 results (0.265 seconds)

Union of India (Uoi) and ors. Vs. MartIn Lottery Agencies Ltd.

Court : Supreme Court of India

Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301

..... a commission agent, but does not include any information technology service or any activity that amounts to 'manufacture' within the meaning of clause (f) of section 2 of the central excise act, 1944.clause (zzb) of section 65(105) of the act defines 'taxable service' to mean any service provided to a client, by a commercial concern in relation to business auxiliary service. ..... of public concern, which ought not to be exercised by private individuals at their mere will and pleasure but should be reserved for public control and administration either by the government directly or by public agents acting under such conditions and regulations as the government may impose as the public interest and for the public security. ..... having regard to the changing concept of the right of property, which includes all types of properties capable of being owned including intellectual property, it is possible to hold that the restrictions which can be imposed in carrying on business in relation thereto must only be reasonable one within the meaning of clause ..... said amendment would come into effect on 1.4.2003 and therefore, would apply to only to future periods and not to any period prior to 1.4.2003 or to any assessment year prior to assessment year 2004-2005 ..... by the learned counsel for the parties, we may notice the relevant provisions of the finance act, 1994 (the act).chapter v of the act provides for levy of service tax. ..... carried on to provide people with the use of something, as electric power, water .....

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... as inserted by the amendment act conferred a right on a landlord to recover immediate possession of any premises let out by him in case he was required to vacate any residential premises allotted to him by the central government or by a ..... only after the recovery officer fixed the reserve price for the auction sale of the company's assets that the respondent-company filed an appeal before the drt on 18.10.2004 under section 30 of the rddb act against the said order of the ..... underlying object of non- obstante clause in section 529a of the companies act and a social purpose underlying therein to ensure payment of dues to the workmen in priority over all other debts, the court concluded that 'if conditions are not imposed to protect the right of the workmen, there is every possibility that the secured creditor may frustrate the above pari passu right of ..... and chapter iiia having been enacted with effect from december 1, 1975 are later enactments in reference to section 19 of the slum clearance act which, in its present form, was placed on the statute book with effect from february 28, 1965 and in reference to section 39 of the same act, which came into force in 1956 when the act itself ..... . the court noted that sometimes two different words are used in one and the same statute to convey the same meaning, but 'that is exception ..... 25,26,60,836.00 alongwith pendent elite and future interest @ 7.8% per annum with half yearly rests jointly and severally from the date of filing of the .....

AshA. P. D/O K. Ponnamma Vs. State of Kerala Rep. by Secretary and ors ...

Court : Kerala

..... even in the absence of the words which were inserted by the amendment act of 1964 in section 15(2)(b), the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and cover the son or daughter of the husband of ..... but, save and except this permitted field, the state legislature cannot enter upon the forbidden field expressly reserved for consultation with the high court by the thrust of articles 233 and 234 so far as the initial entry point of recruitment to the judicial service at grass-root level or at the apex level of the district ..... was found in the first list contended that the prescription of minimum marks which was not sanctioned by the rules or the resolution dated 30.11.2004 and the full court was changing the rules of the game, not only after the game was started, but the game played. ..... the judgments in the ist indra sawhney's case as also in asok kumar thakur's case, took the view that identification of the creamy layer was needed and the norms laid down by the central government or state governments must apply not only for the immediate present, but also for the future. ..... to the district and subordinate judiciary is concerned, we have therefore, to turn to the twin articles found in chapter vi of part vi dealing with 'subordinate courts'. ..... this was for the reason that even if consulted, it was inconceivable as to how the high court could have offered anything different or useful in the light of the decision .....

Prof. Manohar Dhonde and Indian Bahujan Teachers Association (ibta), M ...

Court : Mumbai

Reported in : 2007(2)ALLMR717; 2007(1)BomCR417

..... point out here itself that prayer clause b sought to be added by amendment, begins with 'to direct the respondents to forthwith issue appropriate directions to provide for' and use of similar phrase again in the later part of the said prayer clause ..... it has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the constitution to the executive and the legislature.in observations contained in paragraph 16, the hon'ble apex court has clearly said that a time has come to ..... killarikar went ahead to claim that the report of the commission is now enquiry report and it can be acted upon for disciplinary action, in view of the government resolution dated 03.08.2004 (we have already discussed this government resolution earlier and the report by__________________), is given the status of enquiry report and not the report of ..... it may not be out of place to record here what steps, the petitioners could have possibly taken, as well-wishers of the aggrieved lady teachers, presuming it for the sake of arguments that none of the authorities in the management, education department or police department, were taking cognizance of their genuine grievance/complaints, and without resorting to ..... 11, requested the central government / state government to adopt suitable measures including suitable legislation, for observance of these guidelines and thus ensure protection to working women against sexual harassment at work .....

The Best Workers Union, a Union Duly Registered Under the Provisions o ...

Court : Mumbai

Reported in : 2008(5)ALLMR848; (2008)110BOMLR2692

..... state government seeking permission to use that portion of the said large track of land which by this time was still laying vacant for commercial purpose, in addition to the purposes for which it was reserved under the aforesaid revised development plan.19th november,1997 : the state government issued an order under section 154 of the mrtp act directing the said corporation to take steps to carry out requisite amendments in the regulation no ..... the petition has been filed by the petitioner as expeditiously as possible after exhausting various remedies available in law and only after realising that the petitioners were not getting justice at the hands of other authorities and by taking recourse to other ..... we hold that the said agreement is only an executory agreement which contemplates and, at the highest, assures execution of lease in future and does not create a lease in praesenti. ..... (b) no such contract for any purpose which, in accordance with any provision of the chapter, the general manager may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first ..... the notice accordingly within a period of 60 days from the aforesaid directives.24th august, 2004 : in view of the failure of the said corporation to take steps under section 37 of mrtp act 1960 accordingly, the state government itself issued a notice in exercise of its powers under sub section 1(a) of section 37 of the mrtp act. .....

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

..... area showing the nature and extent of mineral body, spot or spots where the mining operations are proposed, details of geology and lithology of the area, extent of manual mining or mining by use of machinery, natural water resources, limits of reserves and other forest areas, density of tress, assessment of impact of mining activity on forest, land surface and environment including air and water pollution, details of scheme of restoration of area by afforestation ..... 1st july, 1974, section 12 of the act was amended so that it applied to land which was owned by the central or a state government and was leased out for any commercial, industrial or other non-agricultural purpose ..... if there is conflict, the correct approach is to find an answer to three questions step by step as under:one - is still possible to effect reconciliation between two entries so as to avoid conflict and overlapping?two - in which entry the impugned legislation falls by finding out the pith ..... with its subsection (3) are reproduced in paragraph 11 & 12 of this report and then in paragraph 13 provisions of chapter iv which sets out functions of the authority are discussed. ..... payback entire expenditure incurred by central government towards acquisition of land including compensation to the original owner and has also to indemnify central government for future expenditure in connection with said ..... orders dated 3/3/2005, demand notices dated 7/3/2005, 19/11/2004 & 13/10/2006 by tahasildar, rajura (district chandrapur). w. .....

Shrenik Bhai Kasturbhai and ors. Vs. Ganpat Rai JaIn and ors.,

Court : Jharkhand

Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]

..... for the appellants by submitting that there was difference between section 14 of the bihar private forests act and section 3(1) of the act and since the validating act did not retrospectively delete section 3(2) of the act as it stood prior to its amendment by act xx of 1954, the foundation of the judgment rendered by the supreme court had not been taken away and so long as there is no retrospective amendment or deletion of section 3(2) of the act ..... from the ranchi bench to be heard at patna and in exercise of his power under rule 11 of chapter ii of the patna high court rules, the chief justice referred the appeals to be heard by a full bench. ..... institution' properly means the 'organisation organized or established for some specific purposes, though it is sometime used in statutes and in common parlance in the sense ..... the obligation of reserving and protecting ..... pay compensation as envisaged by the act and could possibly distribute the land among the deserving ..... above and in our order dated 7.7.2004, how the appeals came to this ..... the bihar reorganisation act, we consider that it will be proper to deal with that objection before we charter our future course, either by delivering a judgment on merits or by ordering the constitution of a fresh full bench having a quorum of five judges for a fresh hearing ..... act, 1980 has also intervened, no construction can be put up in the parasnath hill forest, without the prior consent of the central government as envisaged by section 2 of the conservation act .....

G. Narasimha Murthy Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD370; 2006(3)ALT433

..... it is not possible to give strict interpretation to rules 6 and 7 otherwise the very object of the constitution (fifty-second amendment) act by which tenth schedule was added would be ..... did, however, squarely address the issue (at para 1529):.the power of judicial review is, however, confine not merely to deciding whether in making the impugned laws the central or state legislatures have acted within the four corners of the legislative lists eannarked for them; the courts also deal with the question as to whether the laws are made in conformity with and not in violation of the other provisions of the constitution ..... being so, the contention advanced by the petitioners that the administrative tribunal had no authority or jurisdiction to strike down the impugned notification dated march 15, 1980 purporting to amend rule 4 of the central hindi directorate (class iii and class iv) posts recruitment rules, 1961 reserving 100 per cent vacancies to the post of superintendent to be filled by the head clerks and thereby debarring stenographers (sr. ..... the collection of a toll or a tax for the use of a road or for the use of a bridge or for the use of an aerodrome is no barrier or burden or deterrent to traders who in their absence may have to take a longer or less convenient or more expensive ..... (see section 59 in chapter delegated legislation in francis bennior's statutory interpretation 3rd edn ..... gurram krishnavenamma : 2004(4)ald787 (db), the division bench of which one of us (justice .....

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

..... . shall be back-filled into the mines excavation with a view to restoring the land for its original use as far as possible and wherever it is not feasible during mining operation, the waste dumps shall be suitably terraced and stabilized through vegetation or otherwise ..... . the mineral concession rules, 1960 have been framed by the central government in exercise of the powers conferred by section 13 of the mmrd act, chapter iv of these rules relate to crane of mining leases in respect of land in which the minerals vest in the government ..... . noticing that the aravalli range prevents the desert from spreading into indo-gangetic plains, it has been suggested that all future planning should not only concentrate to meet the ever growing demand of the products but due consideration should also be given to protect the chain ..... . rule 22(5) was inserted in the rules by notification dated 27th september, 1994 to which certain amendments were made in terms of notification dated 17th january, 2000 also inserting by same notification rule 22(4a) ..... (c) any item reserved for small scale industrial sector with investments less than rs. .....

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1963SC1241; [1964]1SCR371

..... the acquisition of zamindari rights by the state governments, the rights in minerals are now vested in all areas in the state governments, and it is not appropriate to use the land acquisition act, 1894, for the acquisition of mineral rights, particularly because the central government does not intend to acquire the proprietary rights vested in the states. ..... of taxation (which is exercisable by the states in comparatively minor fields, the more important such as income-tax, wealth-tax, excise-duties other than those on certain specified articles, and customs, being reserved to the union) conferred by various entries under list ii on the states is also severely restricted. ..... laws were not to be void or inoperative on the ground that they were repugnant to the law of england or to the provisions of any existing or future act of parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the legislature of the dominion included the power to repeal or amend any such act, order, rule or regulation. ..... ' the aforesaid elements are no doubt present in the american constitution, but it is not possible to contend that unless all the said criteria exist a constitution cannot be described as a federal ..... chapter ii of part xi provides for the control of the union over the states in certain specified ..... chapter i of part xiv provides for the mode of recruitment and regulation of conditions of service of different services in the union and the .....