Court : Karnataka
..... state government is permitted to proceed ahead with the process of selection, however, the selection shall be subject to the final outcome of the present writ petition and other connected writ petitions as there is no chairman to pollution control board since 2020 (emphasis supplied) it has not been demonstrated before us that the present incumbent dr.shanth a thimmaiah lacked the eligibility - 21 - wp no.19569/2023 c/w wp nos.9526/2020, 9923/2020, 9500/2021, 9897/2021, ..... , to summarize, on conjoint reading of clause (a) of sub-section (2) of section 4 of the water act as well as clauses (2) and (3) of the said government order, a candidate must satisfy the following - 32 - wp no.19569/2023 c/w wp nos.9526/2020, 9923/2020, 9500/2021, 9897/2021, 15179/2021, 19027/2023, 23417/2023 requirements for being appointed as the chairman of the state pollution control board: (a) he must satisfy the requirement of clause (a) of sub-section (2) of section 4. ..... . we notice such a terminology in sub-section (2) of section 6 which reads as under: no order of removal shall be made by the central government or the state government, as the case may be, under this section unless the member concerned has been given a - 54 - wp no.19569/2023 c/w wp nos.9526/2020, 9923/2020, 9500/2021, 9897/2021, 15179/2021, 19027/2023, 23417/2023 reasonable opportunity of showing cause against ..... a set of rules/regulations have also been promulgated under both the central and state acts, hardly needs to be mentioned .....
Tag this Judgment!Court : Karnataka
..... state government is permitted to proceed ahead with the process of selection, however, the selection shall be subject to the final outcome of the present writ petition and other connected writ petitions as there is no chairman to pollution control board since 2020 (emphasis supplied) it has not been demonstrated before us that the present incumbent dr.shanth a thimmaiah lacked the eligibility - 21 - wp no.19569/2023 c/w wp nos.9526/2020, 9923/2020, 9500/2021, 9897/2021, ..... , to summarize, on conjoint reading of clause (a) of sub-section (2) of section 4 of the water act as well as clauses (2) and (3) of the said government order, a candidate must satisfy the following - 32 - wp no.19569/2023 c/w wp nos.9526/2020, 9923/2020, 9500/2021, 9897/2021, 15179/2021, 19027/2023, 23417/2023 requirements for being appointed as the chairman of the state pollution control board: (a) he must satisfy the requirement of clause (a) of sub-section (2) of section 4. ..... . we notice such a terminology in sub-section (2) of section 6 which reads as under: no order of removal shall be made by the central government or the state government, as the case may be, under this section unless the member concerned has been given a - 54 - wp no.19569/2023 c/w wp nos.9526/2020, 9923/2020, 9500/2021, 9897/2021, 15179/2021, 19027/2023, 23417/2023 reasonable opportunity of showing cause against ..... a set of rules/regulations have also been promulgated under both the central and state acts, hardly needs to be mentioned .....
Tag this Judgment!Court : Supreme Court of India
..... s annual reports filed for the year 2015-16, 2017-18, 2018-19, 2019-20, cmc s meeting held on 05.07.2023 and uncertainty regarding reliable data filed in union s functions of cmc, as delineated under section 30, are- monitoring and advising the central government and state government for effective implementation of the act, coordinating the functions of all concerned agencies, and looking into any other matter incidental to or connected with implementation of the ..... cleaning devices and ensuring observance of safety precautions, as may be prescribed or provided in any other law, for the time being in force or rules made thereunder; septic tank and sewer are in turn defined under section 2(p) and 2(q) respectively: (p) septic tank means a water-tight settling tank or chamber, normally located underground, which is used to receive and hold human excreta, allowing it to decompose through bacterial activity; (q) sewer ..... was provided by the cantonment boards in pursuance of the orders ..... there have been no reported incidents of sewerage-related deaths in areas managed by cantonment boards since the year 2013.46. ..... , disclosed that there are 4478 permanent and 9897 outsourced safai karamcharis engaged by cantonment boards to upkeep general sanitation34. ..... in railways and cantonments boards whether directly or indirectly ..... the cantonment boards stated that they have demolished 574 insanitary latrines in agra, 153 ..... and safai karamcharies in cantonment boards and railways. ..... supply and sewerage board v a. .....
Tag this Judgment!Court : Supreme Court of India
..... an amendment by way of the clarification notification was, therefore, introduced which expanded the definition of governmental 14 authority and widened the exemption base for service tax to be provided even to an authority or a board or any other body, set up by an act of parliament or a state legislature without the condition of having been established with 90% or more participation by way of equity or control by government to carry out any function entrusted to a municipality under article 243w of the constitution.16. ..... learned counsel representing spcl, supported the impugned judgment and order of the patna high court and contended that while construction services are classified as taxable under section 65 of the 1994 act, the exemption notification provides an exemption for services rendered to the government, local authorities, or governmental authorities. ..... b) spcl, in accordance with the letter of award, duly registered itself with the central excise and service tax ( cest , hereafter) and discharged its service tax obligations amounting to rs.9,73,25,398.23 (rupees nine crore seventy-three lakh twenty-five thousand three hundred ninety-eight and twenty-three ..... it is now well settled that a provision of a statute should have to be read as it is, in a natural manner, plain and straight, without adding, substituting or omitting any words. .....
Tag this Judgment!Court : Supreme Court of India
..... be levied under clause (a) on the turnover in respect of "declared goods", at the point of sale to the consumer at the maximum rate for the time being specified in section 15 of the central sales tax act, 1956, or where the state government, by notification, declares any other single point or a lesser rate, at such other point or at such lesser rate; under clause (b) on the turnover in respect of such goods, other than the goods ..... be levied:-- (a) on the turnover in respect of "declared goods", at the point of sale to the consumer at the maximum rate for the time being specified in section 15 of the central sales tax act, 1956, or where the state government, by notification, declares any other single point or a lesser rate, at such other point or at such lesser rate; (b) the turnover in respect of such goods), other than the goods referred to in clause (a), ..... (3) where the state government has declared any point or rate at which the tax payable by a dealer under the act be levied under clause (b), clause (c), clause (c-1), clause (d) or clause (e) of sub-section (1) as existed immediately before the 13 commencement of the uttar pradesh trade tax (second amendment) act, 2000 and such declaration in force on such commencement, such rate or point of tax shall continue to be in force after such commencement, until modified or rescinded ..... doing so, it quoted a passage from the order of the board wherein it was held by the board that glass sheet, is glass simplicitor. ..... tax act, 1948. .....
Tag this Judgment!Court : Supreme Court of India
..... or of amalgamation with another company, all amounts due, in respect of contributions payable during the twelve months next before the relevant date, by the company as the employer of any persons, under the employees' state insurance act, 1948, (34 of 1948), or any other law for the time being in force; civil appeal no.2568 of 2013 page 7 of 38 (e) unless the company is being wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company, or ..... iii) unless the company is being wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company, or unless the company has, at the commencement of the winding up, under such a contract with insurers as is mentioned in section 14 of the workmen's compensation act, 1923, rights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under civil appeal no.2568 of 2013 page 17 of 38 the said ..... . 1988) it has been noticed at page 1320 that section 530 of the companies act, 1956 has been largely recast and amended in the light of the following recommendations (excerpted) of the company law committee in paragraph 218 of their report: xx xx xx in this connection we should like to refer to a memorandum that we received from the central board of revenue, on the question of a priority to be given to crown demands generally and, in particular, to arrears of income tax, super tax and corporation .....
Tag this Judgment!Court : Karnataka
..... no.4 and after hearing on the 6 said application, he had passed an order declaring that the purchase of 3 acres of land by respondent no.4 / jadhavaji nagarwala, in survey no.30 of kadiganahalli village, was in contravention of sections 79-a and 79-b of the karnataka land reforms act and consequently, the assistant commissioner set aside the said sale deed and forfeited the land to the state government.6. ..... a person who or a family or a joint family which has been assessed to income tax under the income tax act, 1961 (central act 43 of 1961) on an yearly total income of not less than rupees twenty five lakhs for five consecutive years shall be deemed to have an average annual income ..... information given in writing by any person or suo-motu, and after such enquiry as he deems necessary, the assistant commissioner is satisfied that the transfer of any granted land is null and void under sub-section(1) of section 4, he may,- 36 (a) by order take possession of such land after evicting all persons in possession thereof in such manner as may be prescribed; provided that no such order shall be made except after ..... from the date on which the order was communicated to him: provided that the deputy commissioner may admit an appeal preferred against such order after the period referred to in sub-section (1-a) if satisfied that the appellant had sufficient cause for not preferring the appeal within that period: provided further that the deputy commissioner shall admit an appeal against an order .....
Tag this Judgment!Court : Supreme Court of India
..... word person : 2(l) person includes 47 (i) an individual; (ii) a hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not, in india or outside india; (vi) any corporation established by or under any central, state or provincial act or a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (vii) any body corporate incorporated by or under the laws of a country outside india; (viii) a co-operative society registered under any law relating to co-operative societies; (ix) a local authority; (x) every ..... in sanwarmal kejriwal (supra), the question, which was considered was, whether the protection under section 15a of a rent control law would not be available to a person on whom a fictional status of tenant was ..... (c) omitted by competition (amendment) act, 2007 (d) direct that the agreements shall stand modified to the extent and in the manner as may be specified in the order by the commission; (e) direct the enterprises concerned to abide by such other orders as the commission may pass and comply with the directions, including payment of costs, if any; (f) omitted by competition (amendment) act, 2007 (g) pass such other order or issue such directions as it may deem ..... large number of loss-making public enterprises were referred to the board for industrial and financial reconstruction (bifr). ..... of a.p.16 (see paragraphs-9, 13, 19 and 25), chairman, railway board and others v. .....
Tag this Judgment!Court : Supreme Court of India
..... this court in the said case considered amendments to various sections of the punjab general sales tax act, 1948 and interpreted the expression other valuable consideration , included in section 2(ff) defining purchase and section 2(h), defining sale, to have a wider connotation than cash and deferred payment. ..... supply of parts transferred to the purchaser of vehicles in replacement in compliance with the stipulations of the warranty is not "sale" within the meaning of clause 2(g) of the act, the purchase price of the parts purchased on the strength of certificate of registration free of cost or purchased at the concessional rate of tax under the central sales tax act, 1956, on furnishing 'c' form, is liable to be added to the taxable turnover of the purchasing dealer under the provisions of the second proviso to clause (ii) of sub ..... the rajasthan high court, while dismissing these revision petitions and affirming the order of rajasthan tax board, distinguished the facts in the case from the facts and reasoning in mohd. ..... the matter was taken up by the rajasthan tax board in ajmer, which issued a common judgment on june 18, 2007, disposing of all twelve appeals. ..... the rajasthan tax board set aside the decision of deputy commissioner (appeals) and thereby set aside the imposition of tax. .....
Tag this Judgment!Court : Supreme Court of India
..... above, i am in complete agreement with the view taken by the learned tribunal as well as the high court that on and after 01.08.2001 and in view of the amendment to section 2(17) of the act, 1994, by which the definition of manufacture is amended and tea blending is excluded from the definition of manufacture , the appellants shall not be entitled to the exemption from payment of sales ..... sales of goods manufactured by him in his newly set up small-scale industrial unit situated in the prescribed area, and in calculating his taxable turnover of sales under sub-section (3) of section 17, that part of his gross turnover of sales which represents the turnover of sales of such goods shall be deducted from his gross turnover of sales under sub-clause (viii) of clause (a) of sub ..... civil appeal no.2297 of2011page 2 of 65 the act, 1941 came to be replaced by the west bengal sales tax act, 1994 (hereinafter referred to as the act, 1994 ) and in the month of april, 1998, the definition of manufacture provided under section 2(17) of the act, 1994 was amended and as a result of which, "blending of any goods" was omitted from the definition of manufacture but blending of ..... the contrary, mr jaitley the learned counsel has submitted that the dda and/or central government do not intend to challenge the decision of the high court and the ..... have not been shown any compelling reasons taken into consideration by the central government to make a departure from the existing policy of allotment with ..... central .....
Tag this Judgment!