Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxviii lead and articles thereof Sorted by: old Page 1 of about 2,893 results (0.484 seconds)

Martin's Administrator Vs. Baltimore and Ohio R. Co.

Court : US Supreme Court

..... . 137, since amended by the act of 1887 in no material respect bearing upon the present inquiry, except in fixing an earlier time for filing the petition for removal in the state court, by requiring it to be filed at or before the time when the defendant is required to answer or plead, instead of (as it was in the act of 1875) "before or at the term at which such cause could be first tried and before the trial thereof ..... all personal actions died with the person, according to the maxim actio personalis moritur cum persona; that by successive statutes in england and in this country, and by chapter 85, 20, of the code, the personal representative might sue for an injury to the personal estate of the decedent in his lifetime; that" "in the cases, however, of injuries to the person, and not to the property or estate, of the decedent, whether by assault, battery, false imprisonment, slander, negligence, or otherwise, if either the ..... " these requirements are that every such corporation shall file with the secretary of state a copy of its charter, or of its articles of association and of the law under which it is incorporated, and shall receive from him a certificate of the fact, and file this certificate with the clerk of a county in which its business is conducted. ..... . his whole course of reasoning leads up to the conclusion that the time of removal, not being a jurisdictional and essential fact, is a subject of waiver and of estoppel alike ..... . 593 ; central trust co. v .....

Woodward Vs. De Graffenried

Court : US Supreme Court

..... 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 of the soil, location and value of same; but all oil, coal, asphalt, and mineral deposits in the lands ..... country of the five civilized tribes, and little 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. ..... a recent decision, 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 digest. ..... 699, articles 4 and 15, conferred in ample terms the right of self-government so far as compatible with the constitution of the united states and the laws made in pursuance thereof regulating trade and intercourse with .....

Commissioner of Income-tax, Bombay Vs. Ahmedbhai Umarbhai and Co., Bom ...

Court : Supreme Court of India

Reported in : [1950]18ITR472(SC)

..... it should be noted that this case was decided prior to 1939 and the changes that were introduced into section 42 of the income-tax act by the amending act of 1939 were not in existence at that time. ..... are attributable to the manufacture of oil it is not possible to say that they accrue or arise at any place different from the place where the manufactured article came into existence.it was not denied that the business of manufacture at raichur may produce profits or it may even earn profits and it was conceded that it may also be said that profits are derived from that process of manufacture but it was strenuously argued that earning or profits ..... the facts that the marginal note to the whole section refers to 'non-residents' and that the section itself finds a place in chapter v headed 'liability in special cases' were relied upon as supporting the view that sub-section (1) as a whole applies only to non-residents. ..... in the concluding part of the judgment their lordships said as follows :-'these considerations lead their lordships to the conclusion that under the indian act a person resident in british india, carrying on business there and controlling transactions abroad in the course of such business, is not by these mere facts liable to tax on the profits of such transactions. ..... maxse, maxse purchased a monthly magazine for pound 1,500 and was the sole proprietor, editor and publisher thereof. .....

Bishnu Charan Mukherjee and anr. Vs. State of Orissa

Court : Orissa

Reported in : AIR1952Ori11

..... so far taken is supported with reference to sub-section (5) above quoted and with reference to section 23 of the orissa general clauses act (orissa act i of 1937) which runs as follows:'where, by any orissa act, which is not to come into operation on the passing thereof, a power is conferred to make rules or by-laws or to issue orders with respect to the application of the act or with respect to the establishment of any court or office or the ..... but it should be rememberedthat the constitution itself recognises discrimination and in article 15 prohibits discrimination on specified grounds such as religion ..... of power under sub-section (5) of that section before the date on which that section as well as the other sections of the act actually come into force, any other construction would lead to an absurdity, because by parity of reasoning the powerto bring the act into force conferred by subsection (3) of that section cannot be exercised at all inasmuch as that section was not brought into force ..... attempted to ascertain what was the reason behind that amendment in 1930 by the madras legislature, but we have ..... district on such date as the local government may by notification direct : provided that chapter viii shall not apply to any area unless it has been specially extended thereto under section 71, and provided that it shall be lawful, any time after the passing of this act, to hold any election in manner therein provided, but such election shall not take effect till the commencement of this act .....

United States Vs. ChamplIn Refining Co.

Court : US Supreme Court

..... same day, introduced an amendment to 1 of the hepburn act making pipeline companies engaged in the interstate transportation of oil and other commodities common carriers: "[that the provisions of this act shall apply to] any corporation or any person or persons engaged in the transportation of oil or other commodity, except natural gas or water for municipal purposes, by means of pipelines, or partly by pipelines and partly by railroad, or partly by pipelines and partly by water, who shall be considered and held to be common ..... 4 1/2 million barrels of crude oil annually; (4) all the stock of the cimarron valley pipe line company which owns and operates 450 miles of gathering lines in oklahoma; (5) 723 tank cars; (6) approximately 316 filling stations and 248 gasoline and oil bulk plants; (7) the products pipeline involved in this case; (8) trucks and other equipment used to promote the producing, purchasing and refining of crude oil and the marketing of the products thereof. ..... in its discretion, for the purpose of enabling it the better to carry out the purposes of this chapter, prescribe a uniform system of accounts applicable to any class of carriers subject thereto. . . . ..... one of the greatest articles of interstate commerce carried in this country, and it is now absolutely outside and beyond any government regulation ..... 2/16 ] consequently, today's decision allowing champlin to refrain from filing tariffs under 6 necessarily overrules either the pipe line cases or champlin i, ..... lxxviii .....

The State Vs. the Editors and Publishers of Eastern Times and Prajatan ...

Court : Orissa

Reported in : AIR1952Ori318

..... . the government advocate has drawn my attention to the constitution (first) amendment act, 1951 by which clause (2) of article 19 was ..... judges show that even before they held any of the directors to be prima facie responsible they relied on the evidence given in the case, namely, the articles of association, showing that the management of the company in all its aspects was vested in all the directors and that inspite of strong suspicion that motilal ghose was connected with the publication, gave him the benefit of doubt, because of the categorical denial that ..... examination held in april 1951, in exercise of the powers conferred on it by para 2 of law 3, chapter xxii and law 8 of chapter xxiii'.the short order originally pronounced by the bench on 9-8-51 immediately on the conclusion of the hearing and pending pronouncement of the detailed reasoning later on, is also in the following terms:'on consideration of the merits thereof, we hold that resolution no ..... this seems to have created an obsession that the effect of such judgments would be to create indiscipline amongst the students and lead them to think that the university is not master of its own ..... my learned brother justice narasimham in his leading judgment in paragraph 28 stated as follows:'the syndicate assumed that there was 80 per cent leakage theugh the papers placed before the members of the syndicate and explained to them by col ..... . the concluding and operative paragraph of the leading judgment of my learned brother narasimham .....

Bhushan Lal Vs. State

Court : Allahabad

Reported in : AIR1952All866

..... act and confers on the central government power to make rules for regulating or prohibiting the production, supply and distribution and trade and commerce in certain specified articles ..... manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops; (c) for controlling the prices at which any essential commodity may be bought or sold; (d) for regulating by licenses ..... this section provided:'the president is authorised to prohibit the transportation in interstate and foreign commerce of petroleum and the products thereof produced or withdrawn from storage in excess of the amount permitted to be produced or withdrawn from storage by any state law or valid regulation or order prescribed thereunder by any board commission ..... that provision may be made in any enactment so extended for the repeal or amendment of any corresponding law (other than a central act) which is for the time being applicable to that part c state.'13. ..... under the present constitution that'when parliament had been directed to do a particular and specific thing under the constitution and particularly under the chapter on fundamental rights, as, for example, to fix a maximum period of detention under article 22(7)(b) that sort of duty cannot be delegated.'20. .....

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H309

..... act makes provision for the determination of questions whether any person detained is an abducted person and whether such person should be restored to his or her relatives or handed over to any other person or conveyed out of india or allowed to leave the camp and section 10 of the act authorises the central government to make rules 'inter alia' to provide for the constitution and procedure of any tribunal appointed under section 6 of the act.in my judgment, section 6 of the act satisfies the requirements of article ..... of the land, for clause 2 of article 71 of the said constitution expressly declares:'this constitution, and the laws of the united states which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the united states, 'shall be the supreme law of the land' and the judges in every state shall be ..... in the fourteenth amendment means not only the right of a citizen to be free from the mere physical restraint of his person as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the 'engagement' of all his faculties; to be free to use them fn all lawful ways; to live and work where he ..... 'magna carta was re-affirmed from time to time by successive english monarchs, and in 1354 edward, iii recognised the liberties and customs which the people had enjoyed in the past and declared in chapter 3 of 28 edward iii that'no man of what estate or condition that he be, shall be put out of land, or .....

Hiralal Sutwala and ors. Vs. the State

Court : Mumbai

Reported in : 1953CriLJ481

..... in this case, the central provinces and berar regulation of manufacture of bidis (agricultural purposes) act (lxiv of 1948) was challenged as unconstitutional on the ground that section 4(2) thereof contravened the provisions of article 19(1)(g) of the constitution ..... observed in cooley's constitutional limitations, volume i, page 129.upon the adoption of an amendment to a constitution, the amendment becomes a part thereof; as much so as if it had been originally incorporated in the constitution; and it is to be construed accordingly.therefore, we have to read the provisions of this act as forming part of the constitution act, and it would necessarily follow that the power conferred by the provisions of the amending act cannot be regarded to be of a different nature.26. ..... who held that substantial questions of law with regard to the interpretation of the constitution of india as well as the government of india act, 1935, are involved in these applications and therefore he referred them under rule 9(2)(a) of chapter 1 of the high court rules to the chief justice, with a recommendation that they be placed before a bench of two judges for ..... all these considerations lead to the conclusion that sections 99 and 100 of the government of india act did not confer power to delegate essential legislative functions, and that an enactment of such a law (the india (central government and legislature) act, 1946) made no difference as to the nature and quality of the powers conferred by those .....

Sagir Ahmad and ors. Vs. the Govt. of the State of Uttar Pradesh and o ...

Court : Allahabad

Reported in : AIR1954All257

..... article 19(1)(g), (6) was amended by the constitution first amendment act of 1951, and the effect of the amendment is that an exclusive right to trade by a state or by a corporation owned or controlled by a state, even to the total exclusion of others, is considered as a reasonable restriction to the fundamental right of a citizen to carry on trade granted by article 19(1)(g).i do not mean to say that every act ..... road transport services in general, or any particular class of such service on any route or portion thereof, shall be run and operated by the state government exclusively, or by the state government in conjunction with railway, or partly by the state government and partly by others.this section authorises the state government to declare that road transport services on any ..... by the state government in conjunction with railway provide for dispensation from observance of the provisions of chapter iv of the motor vehicles act, 1939, as respects- (i) the necessity of taking but or granting or countersigning permits, (ii) the duration and renewal of permits, (iii) the conditions attached to permits, (iv) the cancellation and suspension of permits, (v) the restrictions on the number of permits, as it may notify in ..... provincial transport authority.sub-section (3), clause (a), however, made an exception in favour of transport vehicles owned by or on behalf of the central or the provincial government other than a vehicle used in connection with the business of an indian state railway. .....