Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 15 amendment of section 21 Court: uttaranchal Page 3 of about 79 results (0.101 seconds)

Telecommunication Consultants India Ltd. Vs. Commissioner of Commercia ...

Court : Uttaranchal

Reported in : (2010)29VST265(NULL)

..... one of the principles providing situs of sale was engrafted in the explanation to clause (1)(a) of article 286, as it existed prior to the constitution (sixth amendment) act, which provided that the situs of sale would be where the goods are delivered for consumption. the second view is, situs of sale would be the place where ..... sale of goods, was examined by the law commission of india. in its sixty first report, the law commission of india suggested certain amendments to the provisions of the constitution of india. by the constitution (forty sixth amendment) act, 1982, the parliament inserted clause (29-a) in article 366 of the constitution of india. clause (29- a) (aforementioned) is ..... india, it emerges that sales tax is leviable even on transactions which do not fall strictly within the definition of the term 'sale', under the sales of goods act, 1954 (as amended), in view of the liberal definition of the term 'sale' in sub-clauses (a) to (f) of clause (29-a) of article 366 of the .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... , that during the pendency of special appeal no. 21 of 2009, the uttarakhand legislative assembly enacted the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) (amendment) act, 2009 the aforesaid amendment was notified on 16.03.2009.. through the aforesaid enactment, the term 'direct-to-home' (dth) broadcasting was sought to be defined through section ..... on 'service'. while adjudicating upon the controversy, the supreme court in all india federation of tax practitioners and ors. v. union of india and ors. : (2007) 7 scc 527 categorized entries in the union list of the seventh schedule of the constitution of india in two groups i.e., general entries and taxing entries. ..... feature film or separately;8. in response to the assertions made at the hands of the petitioner company in writ petition (m/s) no. 2562 of 2007 and writ petition (m/s) no. 353 of 2008 the state of uttarakhand adopted the stance that entertainment tax could be levied by the uttarakhand legislature under .....

Kunj Bihari Vs. Special Judicial Magistrate Ii and ors.

Court : Uttaranchal

Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41

..... it further provides that nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955.that being so, if the provisions of cantonments act, 1924 are read with aforesaid articles it cannot be said that the trade, commerce or intercourse has been interfered in violation of ..... empowers the cantonment board regarding lease of octroi, terminal tax or toll, is followed by section 84 which contains provision as to appeals. section 84 of said act (as amended vide act no. 15 of 1983) reads as under :--'84. appeals against assessment.--(1) an appeal against the assessment or levy of, or against the refusal to ..... refusal, any tax under this act shall lie to the district court.(2) if the district court, on hearing of an appeal under this section, entertains reasonable .....

State of Uttarakhand and anr. Vs. Ski and Snow Resorts Pvt. Ltd.

Court : Uttaranchal

..... would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending act at all.18. the doctrine of legislation by incorporation and its effect has been dealt with by this court in ..... as to whether the said adaptation belongs to one category or the other. the supreme court in the case of bharat cooperative bank (mumbai) ltd. v. cooperative bank employees union : 2007 (4) scc 685 held:21. ...ultimately, it is a matter of probe into legislative intention and/or taking an insight into the working of the enactment if one or the ..... the basis of the said reports, the assistant collector, joshimath, district chamoli registered a case under section 166 and 167 of the upza & lr act, being case no. 6 of 2007-2008, and issued notices to dr. vijay singh pal and his nephew as well as to the writ petitioner to show cause as to why the land should not .....

Heena Suppliers and Transporters and anr. Vs. Nagar Palika Parishad an ...

Court : Uttaranchal

Reported in : AIR2005Utr24

..... 128 could be levied in respect of any motor vehicle. learned counsel then contended that even this taxing power was totally abolished by amending the said act vide u. p. urban local self-government laws (amendment) act, 1991, more particularly by sections 2 and 20 therein. section 20 speaks in clear terms from august 1, 1990, there will ..... argument, therefore, is that there was no particular power with the municipality under the undivided state of u. p. after 1991 amendment of the aforementioned u. p. urban local self-government laws (amendment) act 1991. the argument is undoubtedly very attractive. however, there is complete answer to this argument in as much as in the erstwhile ..... on goods. thus, it could be deduced that there can be no tax on vehicles under clause (iv) and by bringing in amendment under the u. p. urban local self-government laws (amendment) act 1991, the power to levy toll or octroi was also completely abolished. however, it cannot be ignored that there is an independent .....

State of Uttaranchal and anr. Vs. Lok Mani Sharma

Court : Uttaranchal

Reported in : AIR2006Utr54

..... garhwal bhabar government estate in the garhwal district in which no person has rights as an intermediary as defined in clause (12) of section 3 of the said act, subject to the modifications and amendments, specified in schedule ii appended hereto.*** *** *** ***13. for section 131, the following shall be substituted:(3) every person belonging to any of the following classes shall ..... agricultural year and(d) every person who in any other manner acquires the rights of a sirdar under or in accordance with the provisions of this act.19. thus by virtue of the aforesaid amendment the lease holders had become sirdar on 1-7-1969 and as on the appointed day the plaintiff was in possession of the land in dispute and ..... over the land and by application of the provisions of section 131 of u. p. z.a. and l.r. act, he has become bhumidhar of the land in dispute.18. section 131 of u.p.z.a. and l.r. act was amended vide notification no. 226 (1) ia.2-1 (2)-69 dated june 30, 1969. the extract of the .....

Welham Boys' School Society Vs. Central Board of Direct Taxes and Anr. ...

Court : Uttaranchal

Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)

..... this contention also is liable to be rejected. section 21 of the general clauses act, 1897 reads thus :21. power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws.- where, by any central act or regulation, a power to issue notifications, orders, rules or bye-laws is ..... has obtained registration by practising fraud or forgery;(b) where a registered political party amends its nomenclature of association, rules and regulations abrogating therein conforming to the provisions of section 29a(5) of the representation of the peoples act or intimating the election commission that it has ceased to have faith and allegiance to ..... conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction, and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules .....

Britannia Industries Ltd. Through Its Nominee Mr. A.K. Chakrabarti Vs. ...

Court : Uttaranchal

..... these circumstances we are of the opinion that rule 32(e) is beyond the rule making power even under section 23(1)(d) of the act....6. after the aforesaid judgment was passed by the apex court, an amendment has been made in section 23(1)(d) in the year 1976, by adding expression 'or to preventing adulteration', and further ..... sought quashing of the criminal complaint case no. 226 of 2005 state v. pawan kumar and ors. relating to offence punishable under section 7/16 of prevention of food adulteration act, 1954, pending in the court of civil judge, jr. div./judicial magistrate, haldwani. (this petition was restored to its original number today on the application of the petitioners ..... amendment has been made in clause (e) of rule 32 by adding a proviso. after the amendment made in section 23(1)(d), central government, has the power to make the rule as contained in rule 32 (e) but .....

Britannia Industries Ltd. Vs. State of Uttaranchal Through Shri Surya ...

Court : Uttaranchal

..... all these circumstances we are of the opinion that rule 32(e) is beyond the rule making power even under section 23(1)(d) of the act....6. after the aforesaid judgment was passed by the apex court, an amendment has been made in section 23(1)(d) in the year 1976, by adding expression 'or to preventing adulteration', and further ..... sought quashing of the criminal complaint case no. 315 of 2003, state v. bhawan singh and ors., relating to offence punishable under section 7/16 of prevention of food adulteration act, 1954, pending in the court of chief judicial magistrate, nainital.2. heard learned counsel for the parties and perused the papers on record. 23. brief facts of the case ..... amendment has been made in clause (e) of rule 32 by adding a proviso. after the amendment made in section 23(1)(d), central government, has the power to make the rule as contained in rule 32(e) but since .....

Chief Engineer Central Zone Telecommunication Civil and ors. Vs. Dayal ...

Court : Uttaranchal

Reported in : AIR2005Utr34; 2005(2)ARBLR520(Uttaranchal)

..... 6-5-. 1995, under the provisions of sub-section (1) (a) and (1) (b) of section 21 of bengal, agra and assam civil courts act, 1887, as amended by vide civil laws amendment act, 1991, since the valuation of the appeal was below rs. 5 lac, the appeal was transferred to the district judge, nainital, and ultimately after hearing the ..... is rs. 75,000/- (rupees seventy five thousand only) and above the arbitrator shall give reasons for the award.subject as aforesaid the provision of the arbitration act 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this ..... .3. the suit was contested by the defendants and a preliminary objection was raised by moving an application (19a) dated 22-11-1995 under section 34 of arbitration act, 1940, which however appears to have been rejected by the trial court, vide its order dated 18-6-1996 on the ground that the dispute relating to compensation .....