Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxx tin and articles thereof Sorted by: recent Page 1 of about 4,485 results (1.232 seconds)

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 .....

Bhasin Tobaccos Ltd. & Ors. Vs.gambro Nexim (India) Medical Ltd. & Ors ...

Court : Delhi

..... , and a high court exercising jurisdiction under articles 226 and 227 of the constitution) in relation to the matters specified in section 17: [provided that any proceedings in relation to the recovery of debts due to any multi-state co-operative bank pending before the date of commencement of the enforcement of security interest and recovery of debts laws (amendment) act, 2012 under the multi-state co-operative societies act, 2002 shall be continued and nothing ..... expert committees appointed cs(comm) no.962/2016 page 14 of 25 by the central government for examining the causes for enormous delay in the recovery of dues of banks and financial institutions which were adversely affecting fiscal reforms; and, (vi) that the non obstante clause contained in section 34(1) of the drt act gives overriding effect to the provisions of this act only if there is anything inconsistent contained in any other law or instrument having ..... undersigned on 1st march, 2017 when again after recording detailed submissions and drawing attention of the counsel for the plaintiffs to the dicta of the courts holding that agreement to sell merely creates a right to seek specific performance and does not vest any right, title or interest in the property subject matter thereof, on the request of the counsel for the plaintiffs, the hearing ..... the time of agreement to sell in favour of the defendant no.4 as well as the agreements to sell in favour of the plaintiffs, chapter xxc of the income tax act, 1961 was in vogue. .....

Present: Mr. Dv Sharma Sr. Advocate with Vs. Union of India and Others

Court : Punjab and Haryana

..... shri s.p.srivastva, commissioner-1, central excise, chandigarh called him on 10.11.1993 and desired that all demand cases involving large amounts of central excise duty should be adjudicated expeditiously, including the cases of m/s pepsi foods, channo.the petitioner claims that there were various assesses engaged in the manufacture of steel products which is an excisable item under chapter 72 of the central excise tariff, 1985. ..... the memorandum dated 16.3.1998, which is in question, was issued with article of charges imputing that the petitioner failed to maintain absolute devotion to duty and acted in a manner unbecoming of a government servant, inasmuch as :- (i) adjudicated the cases transgressing monetary limit fixed for assistant collector; and (ii) vacated the demands knowing fully well that the department had gone in appeal in the hon'ble supreme court on the same ..... as under:- consequent to this amendment the issue of laying down monetary limits for powers of adjudication of officers of different ranks has been examined by the board and it has been decided to supersede all existing instructions on the subject and to lay down following monetary limits for adjudication of central civil writ petition no.51 of 2008 4 excise cases, other than the cases relating to approval of classification lists and price lists:- lists designation of ..... the charge-sheet, arises on account of the adjudication by the petitioner of a dispute qua classification lists and consequent demand thereof. .....

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 .....

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 .....

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. .....

Reckitt Benckiser (India) Ltd. Vs. Commissioner, Commercial Taxes

Court : Kerala

Reported in : (2007)6VST390(Ker)

..... it was also ordered that the claim of the applicant that the items mosquito coil, mat vaporiser and liquid vaporiser would fall under the heading 3808.10.37 of the central excise tariff act is not correct since the heading 3808.10.37 deals with synthetic pyrethrum and the products mosquito coil, mat vaporiser and liquid vaporiser are not synthetic pyrethrum and hence would fall under the heading 3808.10.37. ..... - (1) every dealer whose total turnover for a year is not less than ten lakhs rupees and every importer or casual trader or agent of a non-resident dealer or dealer in jewellery of gold, silver and platinum group metals or silver articles or contractor or any state government, central government or government of any union territory or any department thereof or any local authority or any autonomous body whatever be his total turnover for the year, shall be liable to pay tax on his sales or purchases of goods ..... later the above clause was substituted by kvat (amendment) act, 2005 (act 39 of 2005) which came into effect on april 1, 2005 and therefore even prior to april 1, 2005 and after april 1, 2005 in the case of goods not falling under clause (a) or (c), rate of tax was 12.5 per cent at all points of sale of such goods within the state. ..... confusion if at all was there, was with regard to hsn code 3808 appearing in chapter xxxviii of the customs tariff act.12. .....

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. .....

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. .....

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 .....