Judgment Search Results Home > Cases Phrase: central silk board act 1948 amending act 1 central silk board amendment act 2006 Page 1 of about 8,679 results (0.303 seconds)

B. Viswanathiah and Company and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : JT1991(1)SC386; 1991(1)SCALE174; (1991)3SCC358; [1991]1SCR305; 1991(2)LC3(SC)

..... it was urged that silk industry is a controlled industry declared by parliament by law to be expedient in the public interest under entry 52 of list i, by section 2 of the central silk boards act, 1948. ..... this context, it is emphasised that originally the central act and the declaration in section 2 had been restricted to 'raw silk industry' but, by an amendment of 1953 effective from 25.3.1954, their scope was widened to include the entire 'silk industry'. ..... state : air1975sc1443 were called upon to consider contentions as to the validity of certain amendments effected by mysore act 29 of 1969 to the impugned act, in the light of the provisions of articles 301 to 304 of the constitution of india ..... put it very shortly, the amendments of 1979 imposed on the production, supply, distribution and sale of silk yarn restrictions in a manner more or less analogous to those that earlier existed in respect of silk worm seeds and cocoons.4. ..... first question to be examined in this context is, whether the amending legislations are beyond the legislative competence of the state legislature. ..... there were further amendments effected to the act by karnataka act 33 of 1979 ..... the above act, (and in particular the provisions contained in sections 6 and 7), was amended by the karnataka act 29 of ..... contention now is that certain amendments effected to the impugned act by karnataka act no. ..... the present legislation, as a result of the amendments, controls the supply and distribution of the goods produced by the .....

National Mineral Development Corporation Ltd Vs. State of Karnataka by ...

Court : Karnataka

..... cocoon (regulation of production, supply and distribution) (amendment) act, 1979 was enacted with legislative competence by the state legislature in the face of a declaration as to expediency of the union government to control having been made under section 2 of central silk board act in terms of entry 52 of list i. ..... :- case, air1961sc459 the supreme court has stated that the scope of the central act is wider than the scope of the central act liii of 1948 which by section 6 (2) provided for making rules regarding levy and collection of royalties, fees or taxes on minerals mined, quarried or excavated ( ..... petition is filed under articles226& 227 of the constitution of india, praying to quash the notification dated168.2008 published in the official gazette on278.2008, issued by the1t respondent vide annexure-a, dated2631.10.2006 addressed by the3d respondent to the2d respondent vide annexure-b and etc. ..... under articles226& 227 of the constitution of india, praying to quash the notification dated168.2008 published in the official gazette on278.2008, issued by the1t respondent vide annexure-a, dated2631.10.2006 addressed by the3d respondent to the2d respondent vide annexure-b and etc. ..... petition is filed under articles226& 227 of the constitution of india, praying to quash the notification dated168.2008 published in the official gazette on278.2008, issued by the1t respondent vide annexure-a, dated2631.10.2006 addressed by the3d respondent to the2d respondent vide annexure-b and etc. .....

National Mineral Development Corporation Limited, rep. by its Regional ...

Court : Karnataka

..... . the question was as to whether karnataka silkworm, seed and cocoon (regulation of production, supply and distribution) (amendment) act, 1979 was enacted with legislative competence by the state legislature in the face of a declaration as to expediency of the union government to control having been made under section 2 of central silk board act in terms of entry 52 of list i ..... . it may be recalled here that in hingir rampur coal company's case, air 1961 sc 459, the supreme court has stated that the scope of the central act is wider than the scope of the central act liii of 1948 which by section 6 (2) provided for making rules regarding levy and collection of royalties, fees or taxes on minerals mined, quarried or excavated (vide paragraph 24 of the judgment) ..... . the said notification reads as under: forest, ecology and environment secretariatnotification no.fee 248 fdp 2006, bangalore, dated: 16th august, 2008 in exercise of the powers conferred by sub-section (1) of section 98-a of the karnataka forest act, 1963 (karnataka act no.5 of 1964), the government of karnataka hereby notifies the lease holder of mines and quarries situated in forest area for the purpose of the said subsection ..... (4) bird's eye view of the controversy: (a) in these writ petitions, petitioners have assailed gazette notification bearing no.248/fd 2006 dated 16/08/2008 issued by the state government under section 98-a of the karnataka forest act, 1963 (hereinafter referred to as the actfor the sake of brevity). .....

Guru Dayal Pershad Vs. Union of India and anr.

Court : Delhi

Reported in : ILR1979Delhi507

..... (6) under the silk board act, 1948 the central government was enabled to constitute a board, to be called the central silk board for the purpose of the said act. ..... ' (19) the above mentioned communication from the central silk board to the district employment officer, moradabad dated 15-11-1967 specifically stated as follows : 'dr. g. ..... 40 1100 50/2 1250; in addition to pay, he would be entitled to draw such other allowances as were admissible to officers of central silk board posted at srinagar. ..... there was a further letter from the secretary, central silk board (shri s. r. ..... according to the case of the respondents after the petitioner had completed his probation, he was informed by letter dated 27th june, 1964 issued under the signatures of the chaiman, central silk board (shri g. ..... ), central silk board, to the district employment ..... it is common ground that the central civil services (conduct) rules, 1965 and the central civil services (temporary services) rules, 1965, as amended from time to time, shall apply to the employees of the central silk board, the relevant silk board rules, made under the above act, expressly providing for the same. ..... though i have held in favor of the petitioner on legal grounds alone, it seems to me that it may be rewarding from the point of view of management of public enterprises for the authorities to make a further probe in the affairs of the silk board how it had bee managed both at mysore and kashmir. ..... the silk board is a public enterprise, a statutory .....

Gowri Industries Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR3153; 1993(4)KarLJ604

..... . in view of the central silk board act, the 'silk industry' came under the control of the centre and state had no competence to legislate in that regard, was the petitioner's ..... supreme court upheld all the reasonings of this court as could be seen from the following observations in para 23:'we have given our anxious consideration to the contentions raised for challenging the vires of the amending act but we are unable to accept the contentions that the act suffers from any infirmity affecting its vires either on the score of legislative competence or for offending articles 19(1)(g) or article 14 of the constitution ..... . it appears that the high court has given cogent reason for upholding the vires of the amending act and for dispelling the contentions raised by the writ petitioners and we endorse the view taken by the high ..... is declared by parliament by law to be expedient in the public interest' and comparing with this, entry 33 of list iii and the effect of inclusion of 'alcohol' and 'other products of fermentation industries' in item 26 of the first schedule to idr act, court observed at page 1955;'after 1956 amendment to the idr act bringing alcohol industries (under fermentation industries) as item 26 of the first schedule to idr ..... . in view of this, appellant contended that amendments to the land reforms act made thereafter, affecting the mining leases were made without ..... again when the act was amended by the karnataka act 36 of 1987 president's assent was obtained on 10.11. .....

Nath Bros Exim. International Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : 1997IIIAD(Delhi)1025; AIR1997Delhi383; 67(1997)DLT458

..... of textiles (administrative controlling exports of textile garments) central silk board (incorporated under the central silk board act - inspecting silk garments at the time of export) and director general foreign trade, (notifying the procedure regarding export and import of-silk and other garments etc. ..... (bd) of section 2 respectively as follows: '(ca)' handloom industries' has the meaning assigned to it in the khadi and other handloom industries development (additional excise duty on cloth act, 1953; (da) 'powerloom' means a loom which is worked by power as defined in clause (g) of section 2 of factories act, 1948 and which is used or capable of being used only for weaving cloth wholly or partly out of cotton yearn or woollen yarn, or fibre, or any kind of mixed ..... and/or textile machinery which are not produced or manufactured either by himself or with the help and assistance of the hired labour or any third party may not fall within the ambit of the act, an exporter, like the petitioner, who brings into existence or makes or fabricates a textile by his own labour or through an independent contractor or through the instrumentality of an agent or ..... validity of the public notice issued and published in various newspapers on 30 april, 1994, by the textiles committee, in exercise of the powers conferred by section 12 of the textiles committee act, 1963 (as amended) (for short the act). ..... (11) the object of the 1973 amendment, inserting section 5a aforesaid as can be gathered from .....

Ranjit Export Private Ltd. Vs. Collector of Customs, Madras

Court : Chennai

Reported in : 1985(5)ECC150; 1985(5)LC1618(Madras); 1985(21)ELT353(Mad)

..... the shipping documents were prepared and the goods were shown to the central silk board authorities for certifying as to the correctness of the description in the invoices. ..... , that is, inside the state of punjab (the punjab delhi boundary was 18 miles from delhi), and the appellants, along with others, were prosecuted and convicted for an offence under section 7 of the essential commodities act, and the supreme court, while holding that no offence has been committed by the appellant nor was there an attempt to commit an offence analysed the question and expressed its opinion in the following terms : '... ..... alagiriswami, learned counsel for the petitioner, put forth the contention that assuming that the alleged attempt of exportation of the goods would be contrary to any prohibition imposed by or under the act or any other law for the time being in force, yet, the matter could not come within the legal concept 'attempt to export' at all to attract section 113(d). ..... in halsbury's laws of england halisham edition, volume 9, at page 41 'attempt' has been defined in the following terms :- 'any overt act immediately connected with the commission of an offence, and forming part of a series of acts which, if not interrupted or frustrated, would end in the commission of the actual offence (assuming the commission of that offence to be possible), is if done with a guilty intent, an attempt to commit the offence.' 21. ..... the act was enacted to consolidate and amend the law relating to customs. .....

H.N. Nanje Gowda Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1996KAR1649; 1996(3)KarLJ39

..... in that context, considering the legislative competence of the state vis-a-vis entry 52 of list i and section 2 of the central silk board act, it was held therein that an industry comprises of three important aspects -(i) raw materials(ii) the process of manufacture or production, and(iii) distribution of the products of the industry,the legislation in regard to raw ..... it is stated therein that it did not necessarily mean that the acquisition was for union purpose and that the purpose ceases to a state purpose and by amendment of the constitution in 1956, the distinction between the union purpose and state purpose has been in effect effaced and the power has been given to the state government to acquire ..... the supreme court was examining the validity of karnataka silkworm seeds, cocoons (regulation of production, supply and distribution) (amendment) act, 1979 (act 33/79). ..... the object of that amendment could be best explained by referring to the objections and reasons of the bill relating to it:'the existence of three entries in the legislative lists (83 of list i, 86 of list ii and 42 of list iii) relating to the essentially single ..... prior to constitution 7th amendment, entry 33 of list i and entry 36 of list ii provided for acquisition ..... by constitution 7th amendment, under entry 42 list ml, acquisition and requisition of property was provided, for the original entry had referred only to the principles on which compensation for the property acquired and requisitioned for the .....

Bharat Textile and Proofing Industries and ors. Vs. State of Karnataka ...

Court : Karnataka

Reported in : [1988]71STC10(Kar)

..... of the legislative functions for obvious reasons which are as under : in the first place, the state legislature concerned before passing the gujarat act applied its mind and decided that cotton fabrics should have the same meaning as assigned to it in the central excise act since having regard to the purpose and object underlying the impost of excise duty as well as sales tax on such important commodities like cotton ..... principles came to the conclusion that having regard to the scheme of the gujarat sales tax act and the scheme of the central sales tax act and also the excise act and the additional excise duty act, the amended definition of the word 'cotton fabrics' should be made applicable for interpreting the words as found in the relevant schedule to the gujarat sales tax act. 9. ..... all varieties of textiles, namely, cotton, woollen, silk or artificial silk including rayon or nylon whether manufactured in mills, powerlooms ..... all varieties of textiles, namely, cotton, woollen, silk or artificial silk including rayon or nylon whether manufactured in mills, powerlooms or handlooms and hosiery cloth in lengths but excluding tyre cord fabrics specified in ..... all varieties of textiles, namely, cotton, woollen, silk or artificial silk including rayon or nylon, whether manufactured in mills, powerlooms ..... act 3 of 1983 (from 29-3-1981) all varieties of textiles, namely, cotton, woollen or artificial silk including rayon or nylon whether manufactured in mills, ..... weight of silk; or ..... silk. .....

Consolidated Coffee Ltd. and anr. Vs. Coffee Board, Bangalore

Court : Supreme Court of India

Reported in : AIR1980SC1468; (1980)3SCC358; [1980]3SCR625; [1980]46STC164(SC)

..... registered exporters of coffee under article 32 of the constitution raise an important question of proper construction of section 5(3), a provision newly inserted in the central sales tax act 1956 by an amending act (103 of 1976) and the petitioners also seek to challenge the constitutional validity of a circular dated february 7, 1977 issued by the coffee board, whereby it requires the registered exporters of coffee to furnish contingency deposits or bank guarantees equal to the amount of sales tax in respect of the ..... documents of title to the goods after the goods have crossed customs frontiers of india, would be sales in the course of export section 5(1) which was enacted in central sales tax act 1956 pursuant to the power conferred on parliament by article 286(2) which was introduced by the constitution (sixth amendment) act 1956 merely gave legislative recognition to the aforesaid two principles which had been formulated by this court while interpreting article 286(2)(b) but while adding ..... and a standing deposit (which may be in cash or in the form of bank guarantee) from the registered exporters; such permit is liable to be withdrawn or cancelled by the chief coffee marketing officer, an executive appointed by the central government on the board, at any time if it is found that a permit-holder has sold or has attempted to sell coffee bought by him at the 'export auction' within the internal market without his written permission or if any of the other ..... and collom [1948] 2 all .....