Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxviii lead and articles thereof Page 100 of about 2,851 results (0.422 seconds)

Sayyed Ratanbhai Sayeed (D)th. Lrs and Ors Vs. Shirdi Nagar Panchayaat ...

Court : Supreme Court of India

..... this respect, under clause (2) of article 243-q of the constitution of india or under sub-section (2) of section 3 of this act; 2(20) local authority means a council or a municipal corporation constituted under the bombay municipal corporation act (now the mumbai municipal corporation act), or the bombay provincial municipal corporations act, 1949 or the city of nagpur corporation act, 1948, or zilla parishad constituted under the maharashtra zilla parishads and panchayat samitis act, 1961, or a village ..... of the nagar panchayat, for which a process was afoot for acquisition of land and the overall developmental activities in the area to meet the heavy rush of devotees, their convenience and safety, the decree had become inexecutable with time.13. being aggrieved, the state of maharashtra filed writ petition (c) no.5839 of 2004 in which the tehsildar, rahata in his affidavit-in-rejoinder did aver that the ..... any development plan or plans under chapter iii of the act, it would be the duty of every planning authority to take such steps as would be necessary to carry out the provisions thereof ..... act 1965, as its preamble would disclose, is to unify, consolidate and amend the law relating to municipal councils and to provide for constitution of nagar panchayat ..... shops of the appellants encroach upon the palkhi road as well as the adjoining road of widths 9 meters and 15 meters respectively, leading to the temple which are hindering the implementation of the development plan .....

Deepak Aggarwal Vs. Keshav Kaushik and ors.

Court : Supreme Court of India

..... , first, the division bench erred in holding that since these appellants were in full-time employment of the state government/central government, they ceased to be advocate under the 1961 act and the bci rules, and second, that being a member of service, the first essential requirement under article 233(2) of the constitution that such person should not be in any service under the union or the state was attracted ..... (1) in matters relating to discipline, penalties and appeals, members of the service shall be governed by the punjab civil services (punishment and appeal) rules, 1952, as amended from time to time: provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall, subject to the provisions of any law or rules made under article 309 of the constitution of india, be such as are ..... in chapter ii of the bci rules, it is stated that an advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent; he should scrupulously avoid suppression of material capable ..... question whether the governot can appoint as district judges persons from services other than the judicial service; that is to say, can he appoint a person who is in the police, excise, revenue or such other service as a district judge?. ..... having regard to various provisions contained in the code of criminal procedure and in particular section 320 thereof.73. ..... 2004 .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... the same amendment act through a newly-added section 357a which inter alia provides that every state government in co-ordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the crm-790-ma-2010 final - 20 - victim or his dependents who have suffered loss or injury as a result of the crime and who, ..... article 115(b) thereof does not draw any distinction between the appeals preferable by the state, the victim or the accused, the period of limitation for an appeal preferred by the state, the victim against an order other than that of acquittal or by the accused, shall therefore be governed by article 115(b) of the limitation act ..... section 378(1)(a)&(b) of the code leads to a piquant, anomalous and absurd situation of utter confusion where the court of session would have no choice but to await the outcome of the appeal preferred by the state before the high court and then perform its bounden duty to follow that decision of the superior court to negate, for all intents and purposes, the right to ..... victim or a complainant under chapter xxix of the code are not inter se dependent and each right operates within its ..... act, 1984 under which legal assistance is granted to the crime-victims.and (ii) the victims rights and restitution act of 1990, followed by meaningful amendments, repeal and insertion of new provisions in both the statutes through an act passed by the house of representatives as well as the senate on april 22, 2004 .....

Balwant Rai Saluja and anr Etc.Etc. Vs. Air India Ltd.and ors.

Court : Supreme Court of India

..... provide a statutory canteen to its workmen in its industrial establishment and the learned senior counsel also placed strong reliance upon the memorandum and articles of association of hci particularly clause 33 in chapter xiii to substantiate his contentions that the control and directions that will be issued from time to time with regard to running of the canteen and managing the canteen is on the management of air india to ..... section 2(n) of the act as the person who has ultimate control over the affairs of the factory, provided that (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors shall be deemed to be the occupier; and (iii) in the case of a factory owned or controlled by the central government or any state government ..... act enumerated in the vth schedule to the act, which provision was inserted by way of an amendment by act ..... 390 of 2010 and 391 of 2010 confirming the judgment and order dated 8th april, 2010 of the learned single judge of the delhi high court passed in wp nos.14178 of 2004, 14181/2004 and 14182 of 2004, wherein the learned single judge has set aside the common award dated 5th may, 2004 of the central government industrial tribunal ( ..... specified industry within the meaning of section 46 of the factories act, 1946, this by itself would not lead to the inevitable conclusion that the employees in the canteen .....

Abp Pvt.Ltd.and anr Vs. Union of India and ors.

Court : Supreme Court of India

..... amendment act, 1974 stands disallowed.22) although, the aspect of violation of article 14 was intricately decided by the constitution bench, it is the stand of the petitioners herein that while there may have been some justification for dealing only with newspaper establishments in 1955, however, with the revolution in information technology, there is no justification for confining regulation only to print media as in the existing scenario persons engaged in the same avocation (journalism) would be subject to different restrictions and ..... the central government shall cause notice to be given to all persons likely to be affected thereby in such manner as may be prescribed, and shall take into account any representations which they may make in this behalf in writing; or (b) refer the recommendations or any part thereof to the board, in which case, the central government shall consider its further recommendations and make ..... | |sections 10(1) and 13d of the act was extended till | | |30.06.2009 | | |the time period for making representation in terms of | | |sections 10(1) and 13d of the act was extended till | | |06.08.2009 | | |notice dated 09.07.2010 was given to all the | | |stakeholders for final hearing before the wage boards | | |on 26.07.2010 to 01.08.2010 |48) in addition to the aforesaid chronology of events, a perusal of chapter 3 of the ..... may arise in connection with profession of journalism which may lead to unemployment in this profession, which would not necessarily .....

Perry and Others Vs. Serious Organised Crime Agency

Court : UK Supreme Court

..... the possible grounds of jurisdiction set out, in particular, in rules 1 and 2 of schedule 8 to the 1982 act, the apparent effect of section 286(2) and (3) is to confer jurisdiction upon the court, for the purposes of chapter 2 of part 5 of poca, where moveable property is situated in scotland, and also where it is situated elsewhere and either (a) the holder of the property is domiciled, resident or present in ..... recoverable property to be applied in accordance with foreign law, as contemplated by article 5(5)(a) of the vienna convention and article 15 of the strasbourg convention; (3) recovery orders under part 5, unlike confiscation and restraint orders under parts 2, 3 and 4, appear on the face of the provisions (notably sections 266, 267, 269 and schedule 7) to operate in rem; (4) orders taking effect in rem ordinarily apply ..... confiscation: soci t eram shipping co ltd v cie internationale de navigation [2003] ukhl 30; [2004] 1 ac 260, para 54 per lord hoffmann; government of the republic of spain v national ..... this is puzzling as, when moving the amendment that introduced it in the house of lords, lord goldsmith stated on 25 june 2002 that ..... and proceeds from crime, the convention provides in section 4 of chapter iii principally two forms of international co-operation, namely the execution by the requested state of a confiscation order made abroad and, secondly, the institution, under its own law, of national proceedings leading ..... and section 316(4) in part 5 are part of the central .....

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

..... article 226 of constitution of india praying to issue writ of declaration to declare circular bearing no.148/17/2011-st dated 13.12.2011 (bearing f.no.354/27/2011-tru) issued by the 3rd respondent as being legally and constitutionally invalid, being issued in excess of the powers conferred under section 37b of the central excise act, 1944 read with section 83 of the act, ultra vires the provisions of the act and unconstitutional as being violative of articles 14, 19(1)(g), 265 and ..... is filed under article 226 of constitution of india praying to issue a writ of declaration or other appropriate writ, direction or order in the nature of a writ, declaring that the circular no.148/17/2011-st dated 13.12.2011 issued by the 2nd respondent as ultra vires to the provisions of section 66 of the finance act, 1994 as amended; entry 54 and entry 62 of list ii of schedule vii and articles 14, 19(1)(g), 246 and 265 of the ..... and quash the same as illegal and unconstitutional and consequently issue a mandamus by directing the respondents 1 to 3 herein by not to give any effect to the circular no.148/17/2011-st dated 13.12.2011 issued by the 2nd respondent for the purposes of collecting service tax from the film distributors/ sub distributors, film exhibitors and theatre owners and not to treat the distribution or exhibition of films as a taxable service under the provisions of chapter 65 of chapter v & v(a) of finance act ..... effect to the provisions of the act and not in derogation thereof.13. ..... 2004 .....

Luxottica Group Spa, Ray Ban Vs. Securities and Exchange Board of Indi ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Reported in : (2004)1CompLJ258SAT

..... the appellants contention that the conditionality relating to the hiving off of the non eyewear business was fulfilled on 21.7.2000 and thereafter in terms of the amended article 6.4, the merger was effected and since the acquisition pursuant to merger is exempted in terms of regulation 3 (1) j (ii) the ..... stock of b & l south asia inc which held the 44% shares of the target company and accordingly triggered the regulations (ii) the agreement was not really conditional as the occurrence of the conditions even was within the control of the parties who were also entitled to waive performance thereof, and (iii) that having regard to schedules 3.3(c) & 3.3(d) the agreement dated 28th april 1999 in effect ..... tax officer had jurisdiction to consider the question inasmuch as he was considering in assessment proceedings whether excise duty which was paid by the buyer under an arrangement with the seller could be included within ..... the acquirer to make public announcement as required under chapter iii of the 1997 regulations in terms of regulation 10 and 12 taking 28.4.1999 as the reference date for calculation ..... the net after tax distribution (dividend) received from the deferred subsidiary during the deferral period; - can not lead to the inference that there was an immediate transfer / sale with a right of defeasance. ..... into consideration all the relevant aspects, as fifteen per cent per annum vide rule 4d of the companies (central governments) general rules and forms, 1956 notified under the companies .....

Rajbala and Ors. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... central government to conduct any inquiry or investigation into any offence alleged to have been committed under the pc act, 1988 where such allegation relates to (a) the employees of the central government of the level of joint secretary and above and (b) such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the government, is invalid and violative of article ..... samiti or zila parishad or any gram panchayat, panchayat samiti or zila parishad subordinate thereto or any sum recoverable from him in accordance with the chapters and provisions of this act, within three months after a special notice in accordance with the rules made in this behalf has been served upon him; (j) is servant ..... andhra pradesh, the total prohibition of manufacture and production of these liquors is "arbitrary" and the amending act is liable to be struck down on this ..... any transfer of his property, or of any part thereof, which would, under this or any other enactment for the time being in force, be void as fraudulent preference if he were adjudged an insolvent; (d) if with intent to defeat or delay his creditors,- he departs or remains out of the territories to which this act extends; he departs from his dwelling-house or usual place ..... leads to its lazy repetition and repetition soon establishes it as a legal formula, undiscriminatingly used to express different and ..... india [(2004) .....

Vikas Sankhala and Ors Etc Vs. Vikas Kumar Agarwal and Ors Etc

Court : Supreme Court of India

..... constitutional commitment, the parliament obliged, and article 21-a was added vide the constitution (eighty sixth amendment) act, 2002 in the following manner: article 21-a. ..... minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the central government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: provided that a teacher who, at the commencement of this act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such ..... any remaining candidate of these categories after providing the vacancies/posts reserved for them are more meritorious than the last person of the open competition category, such candidate will be selected even if it leads to selection of more candidates than that provided by virtue of reservation. ..... chapters on 'fundamental rights' as well as 'directive principles of state policies' eloquently bear out the challenges of overcoming poverty, discrimination and inequality, promoting equal access to group quality education, health and housing, untouchability and exploitation ..... to appear in the selection process which was undertaken thereafter some time in june 2012 and results thereof were declared in august 2012. ..... a recent analysis, w hamacher the right to have a rights (four- and- a half remarks) (2004) 103 south atlantic quarterly 343. .....