Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxx tin and articles thereof Page 1 of about 4,867 results (0.564 seconds)

State of Rajasthan Vs. Bheru Lal

Court : Supreme Court of India

..... any obstacle to such entry; c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and d) detain and search, and if he thinks proper, arrest any person whom he has reason to believe to have committed any ..... (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the ..... appellant versus bheru lal ...respondent judgment dipak misra, j.the present appeal is directed against the judgment of acquittal dated 9.4.2004 passed by the learned single judge of the high court of judicature of rajasthan in s.b. ..... the above position got strengthened with the amendment to section 42 by act 9 of 2001. 14. ..... prior to the amendment section 42 read as follows: - 42 .....

Maharao Sahib Shri Bhim Singhji ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1981SC234; (1981)1SCC166

..... held by him-these three pro visions flagrantly violate those aspects of articles 14 and 31 which constitute the essential and basic features of our constitution and hence the protective umbrella of article 31b is not available to the impugned act inasmuch as the 40th constitution amendment act 1976 to the ex tent to which it inserts the impugned act in the ninth schedule is beyond the constituent power of the parliament as the said amending act has the effect of damaging or destroying the basic structure of the ..... mention the urban agglomerations having a population of one lac and above; but if a particular state which passed a resolution under article 252(1), or if a state which subsequently adopts the act, wants to extend the act to such areas, it, could do so by a notification under section 2(n)(b) or section 2(n)(a)(ii), as the case may be, after obtaining the previous approval of the central government.56. ..... be stated that no rides under section 46 have so far been framed by the central government and, in any event, no rules framed thereunder can override the express provisions of section 23 ..... by the petitioners is section 27 occurring in chapter iv to the extent to which it imposes restriction on transfer of an urban land with building or a part thereof or a flat therein though unconcerned or unconnected with the excess vacant land as unconstitutional being beyond the legislative authorisation as also violative of petitioners' fundamental rights under articles 14 and 19(1)(f). .....

Virendra Mahajan Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ267

..... chapter ix-a comprising articles 243p to 243zg was incorporated in the constitution of india by the constitution (seventy-fourth) amendment act, 1992. ..... by the amendment act of 1994, the requirement of gazette notification in the case of president and vice-president is incorporated in sub-section (5) of section 43 of the act and section 45 of the act is confined only to the election of councillor. ..... this contention is highly legalistic and does not take into consideration the changes brought about in the legislative scheme by the amendment act, 1994. ..... in these circumstances, the words 'election to the municipalities' in article 243za and article 243zg can refer only to election of councillors to municipalities and cannot comprehend elections to offices of the municipalities. ..... the words 'election to any municipality' are found in article 243zg(b) and article 243za. ..... or appointment of the president or vice-president shall be notified in the gazette by the prescribed authority and declared that such persons shall enter upon their respective offices from the date of such notification, provided that even in the absence of notification, for the purpose of selection of councillors under section 19 of the act and election of president and vice-president under section 43 of the act, a councillor shall be deemed to have entered in his office from the date of his election. .....

The State of Madhya Pradesh Vs. Uday Singh

Court : Supreme Court of India

..... amendments brought by mp act 25 of 1983 to the indian forest act 1927 leads to the conclusion that specific provisions have been made for the seizure and confiscation of forest produce and of tools, boats, vehicles and articles ..... if he has reasonable grounds for believing that any person has committed an offence against this act,- (c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this act appears to have been committed, in the possession of any person together with any trap, tool ..... and object of the state amendment, the division bench noted: the scheme of the central act contemplating successful prosecution of the offender leading to confiscation has been drastically modified by the 1983 act to provide for an additional procedure for confiscation, a procedure which is less cumbersome and more expeditious than the procedure of prosecution and ..... 6 on the other hand, it has been urged on behalf of the respondent 13 that chapter ix of the forest act, as amended in its application to the state of madhya pradesh, does not oust the jurisdiction of the magistrate to ..... similarly, for the state of madhya pradesh, mp act 25 of 1983 inserted section 52-a which provides for an appeal 9 (1985) 4 scc57310 (2002) 9 scc9011 (2004) 4 scc12912 (2017) 14 scc5026 against the order of confiscation to the appellate authority within thirty days of the order of confiscation .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... article 243, page 411).we do not think that the learned counsel for the petitioners were justified in urging that inasmuch as the well recognized principles of co-operation and more particularly open and voluntary membership as well the democaratic functioning thereof are sought to be controlled or regulated by the impugned provisions without amending section 4 of the principal act which incorporates those principles, the result is that a clear repugnancy ensures between the provisions of the principal act and those of the impugned amending acts ..... district central co-operative banks, all primary land development banks, all district and taluka co-operative sale and purchase organisations, all co-operative sugar factories, all co-operative spinning mills and any other society or class of societies which the state government may, by general or special order published in the official gazette, from time to time, specify, that their elections will be conducted in the manner laid down in chapter xi-a which has been inserted by the same act ..... outset it must be emphasised that chapter xi-a which contains detailed provisions as to how elections are to be conducted is made applicable by this provision contained in section 74-c only to apex societies as may be specified by the government by a general or special order in the official gazette, or district central co-operative banks, or primary land development banks, district & taluka sales and purchase unions, sugar factories and spinning mills .....

P.N. Krishna Lal and ors. Vs. Govt. of Kerala and anr.

Court : Supreme Court of India

Reported in : JT1994(7)SC608; 1995(1)KLT172(SC); 1994(5)SCALE1; 1995Supp(2)SCC187; [1994]Supp5SCR526

..... . the provisions of prevention of adulteration act provide an elaborate procedure to take samples of the articles of food for getting tested its adulteration and the absence of such procedure either in the amendment act or in the act and no rules having been made in that behalf, the procedure is arbitrary, unjust and unfair offending articles 14 and 21 of the constitution ..... it is enough that once the assent of the president is sought and given to the state amendment, though to some extent inconsistency or repugnancy exists between any provision, part or parts of any act or acts of any central statutes, the repugnancy or inconsistency ceases to operate in relation to the state in which the assented state enactment operates. 15. ..... liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees; (4) notwithstanding anything contained in the crpc, 1973 (central act 2 of 1974), no person accused or convicted of an offence under sub-section (1) or sub-section (3) shall, if in custody be released on bail or on his own bond, unless (a) the prosecution has been ..... as a procedural facet, chapter 18 of the crpc, 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 non proof. .....

N.K. Doongaji and Co. Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1975MP1; 1974MPLJ699

..... and i regret my inability to agree with his conclusion that section 18 of the central provinces excise act, 1915, as amended by act 19 of 1964, must be restricted in application to liquor owned by the state.41. ..... (3) notwithstanding anything contained in sub-section (1),-- (i) duty shall not be imposed thereunder on any article which has been imported into india and was liable, on such importation, to duty under the sea customs act, 1878 (viii of 1878), or the indian tariff act, 1894 (viii of 1894). ..... section 27, which authorises the state government to accept payment of a sum in consideration of the grant of a lease under section 18, is as under:'payment for grant of leases--instead of or in addition to any duty leviable under this chapter, the state government may accept payment of a sum in consideration of the grant of any lease under section 18. ..... prohibit, throughout the state or in any specified area thereof, the import or export of any intoxicant; (b) prohibit the transport of any intoxicant; (c) make suitable provisions for effective control of mahua (bassia latifolia and bassia longifolia) or any other base which is or which can be utilized for the manufacture of liquor. ..... tin's fundamental right has been illegally infringed, said the counsel. .....

Cottage Industries Exposition Ltd. and anr. Vs. Union of India (Uoi) a ...

Court : Delhi

Reported in : 2007(122)ECC7; 2007(148)LC7(Delhi); 2009(235)ELT60(Del)

..... or transfer of, or trade in wild animals, animals articles and trophies and taxidermy thereof;(e) provide penalties for contravention of the act.this act was further amended several times in the years 1982, 1986, 1991, 1993, 2003 and 2006 and the amendment in 1986 has a direct bearing on the issue involved in the present writ petition and reads as follows:amendment act 28 of 1986 - statement of objects and reasons - the wild life (protection) act 28 of 1972 provides for the protection of wild animals and birds and for matters connected therewith or ancillary ..... wild or captive animals to any organization other than a recognized zoo;(xii) to provide that captive animals and wild animals included in schedule i and part ii of schedule ii of the wild life act and their parts and products can be acquired only by way of inheritance;(xiii) to enhance and rationalize penalties prescribed under the act including the making of suitable provisions on the lines of the provisions of chapter v-a of the narcotic drugs and psychotropic substances act, 1985 in cases of offences pertaining to wild animals included in schedule ..... cites in its report prepared on 2nd to 14th october 2004 has also noticed that despite the fact that the state of jammu and kashmir had enacted a law, the legislation was not being enforced. ..... dalip mehra, the learned counsel appearing for the respondent 1, 2 and 5 in reply to the petitioner's plea submitted as under:(a) the central government by a notification no. .....

Sri Kailash Nahak @ Naik and ors. Vs. State of Orissa

Court : Orissa

Reported in : 2008CriLJ2909; 2008(I)OLR666

..... pursuant to such ordinance, the new sections 22-a, 52-a and 85-a were inserted into the bihar and orissa excise act and other sections including section 47 of the said act were suitably amended enhancing the prescribed punishments. ..... not be less than twenty thousand rupees but may extend to fifty thousand rupees.85-a procedure for releasing on bail- the provision of chapter xxxiii of the code of criminal procedure, 1973, shall apply to bail and bonds:provided that no person accused of an offence punishable for a term of imprisonment of seven years or more under this act shall be released on bail or on his own bond unless (i) the public prosecutor or the assistant public prosecutor, as the case may be, ..... contained in the code of criminal procedure, 1973 (central act 2 of 1974),-(a) every offence punishable under this act shall be cognizable;(b) no person accused of an offence punishable for a term of imprisonment of three years or more under this act shall be released on bail or on his own bond unless-(i) the public prosecutor or the assistant public prosecutor, as the case may be, has been given an opportunity to oppose the application for such release, and(ii) where the public prosecutor or the assistant public ..... both the acts being pre-constitution enactments continued to operate by virtue of articles 372 of the constitution of ..... provisions of the said act, having regard to the subject matter dealt with thereby should be read in the context of articles 47 of the constitution of .....

State of Tamil Nadu and ors. Vs. Sitolakshmi Mills and ors.

Court : Supreme Court of India

Reported in : AIR1974SC1505; (1974)4SCC408; [1974]3SCR1; [1974]33STC200(SC)

..... the effect of these amendments made by the constitution (sixth amendment) act, 1956, was to invest the parliament with exclusive authority to enact laws imposing tax on sale or purchase of goods where such sale or purchase takes place in the course of inter-state trade or commerce, and the tax collected by the states was to be assigned in the manner provided by clause (2) of article 269 to the states ..... by leaving it to the states to levy sales-tax in respect of a commodity on intra-state transactions no discrimination is practised; and by authorising the state from which the movement of goods commences to levy on transactions of sale central sales-tax, at rates prevailing in the state, subject to the limitation already set out, in our judgment, no discrimination can ..... the tax payable by any dealer on his turnover in so far as the turnover or any part thereof relates to the sale of goods in the course of inter-state trade or commerce not falling within sub-section (1)-(a) in the case of declared goods, shall be calculated at the rate applicable to the sale or purchase of such goods inside the appropriate state ; and(b) in the case of goods other than declared goods, shall be calculated at the rate of ten ..... chapter 3 of the act, detailed provisions were made for imposing liability to pay tax on inter-state sales, for registration of dealers, fixing rates of tax and for levy and collection of tax and for imposing penalties for breach of the provisions of the act relating to levy and .....