Court : Punjab and Haryana
Decided on : Sep-13-2006
Reported in : (2006)144PLR454
..... effective order provided it has jurisdiction in relation thereto. with the enlargement of the power of the court recording compromise in view of the code of civil procedure (amendment) act, 1976, the responsibility and duty of the court also has increased. by reason of order 23 rule 23 of the code of civil procedure a party can ..... : air1993sc1139 . it was held by the hon'ble supreme court as under:by adding the proviso along with an explanation the purpose and the object of the amending act, appears to be to compel the party challenging the compromise to question the same before the court which had recorded the compromise in question. that court was enjoined to ..... in this case, the agreements had merged in the decree of the court which is also excepted under sub-section (2)(vi) of section 17 of the registration act, 1908.22. since smt. sneh gupta respondent had enjoyed material benefits under the compromise dated 25.4.1998 arrived at in collateral proceedings, therefore, she would be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-04-2006
Reported in : AIR2006SC928; 2006(2)ALT9(SC); JT2006(1)SC107; 2006(1)SCALE147; (2006)1SCC597; [2006]144STC342(SC)
..... the value of packing materials, as sales tax is leviable only on the first sale of packing materials. section 6-c was introduced by andhra pradesh general sales tax act (amendment act no. 11 of 1984) which reads as under:6-c levy of tax on packing material : notwithstanding anything in sections 5 and 6-a, where goods packed in ..... writ petition the appellants had challenged the constitutional validity of entry 18 of the first schedule to the a.p. general sales tax act (for short 'the act') introduced by a.p.g.s.t. (amendment) act, 1996 (act no. 27 of 1996) on the ground that it is violative of article 14 of the constitution of india.2. appellants are ..... sale of packing material. the state legislature then introduced section 6-c in a modified form. the following provision was substituted by andhra pradesh amending act 22 of 1995 with effect from 1.4.1995. the amended section 6-c reads as follows:6-c levy of tax on packing material: notwithstanding anything contained in section 5, section 5-f, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-31-2006
Reported in : 2006(4)BomCR773; JT2006(4)SC201; 2006(3)SCALE675; (2006)9SCC1
..... interest of general public and would not fall within 'reasonable restriction' permissible under the said provision. it is also violative of article 21a as inserted by the constitution (eighty-sixth amendment) act, 2002. over and above constitutional inhibitions, the order dated 28th december, 2004 is arbitrary and unreasonable inasmuch as considerations which weighed with the state government relating to employment of b ..... in institutions for higher education or research and scientific and technical intuitions22.2 entry 11 of list ii inter alia included university education. it was omitted by the constitution (42nd amendment) act, 1976 and became part of entry 25 of list iii (concurrent list). entry 25, as originally stood read as under:25. the vocational and technical training of labour.after the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-2006
Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162
..... its progeny. so far as the a.p. act, 1977 is concerned, there is no total ban on slaughter of buffaloes. therefore, in our view, this ..... the. present case, we are concerned with the a.p. act, 1977 which does not impose a total ban on slaughter of a particular type bovine animal, whereas in mirzapur's case (supra) this court dealt with the provisions of bombay animal preservation (gujarat amendment) act, 1994 which imposes a total ban on slaughter of cow and ..... or a person having knowledge and experience in administering institutions dealing with matters aforesaid, to be nominated by the state government'.section 4(2)(f) of the act requires the member secretary to possess 'qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control,'47. from the record, it appears .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-2006
Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)
..... goods is in pari materia with entry 54 in list ii of schedule vii of the constitution. the case arose under the madras general sales tax act, 1939 as amended by madras general sales tax (amendment) act, 1947. the definition of 'sale' in section 2(h) was enlarged so as to include 'a transfer of property in goods involved in execution ..... v. a. sanvasi rao and ors. : [1996]219itr330(sc) supports his stand. section 44ac was inserted in income tax act, 1961 (in short it act') by the direct tax laws (amendment) act, 1989 w.e.f. 1.4.1989. section 206c was inserted in the said act by finance act, 1988 w.e.f. 1.4. 1988. explanation to section 44ac was inserted by finance ..... of goods' used in said entry means tax on the sale of goods as defined under the sales of goods act, 1930 (in short the 'sales act') as modified/extended by clause 29-a of article 366 of the constitution, inserted by 42nd amendment act, 1982. single point tax is leviable on sale of medicines as per notification issued under the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-22-2006
Reported in : 2006(202)ELT385(SC); JT2006(12)SC199; 2006(9)SCALE463; (2006)7SCC794
..... in the decision in shyam oil cake ltd. v. collector of central excise, jaipur : 2004(174)elt145(sc) . the appellate authority has essentially proceeded on the amendment to the schedule and inclusion of cotton waste therein and the admission of the representative of the appellant that subsequent to the inclusion in the schedule, cotton waste is ..... domestic market and this intermediate process cannot be separated and dealt with separately. he pointed out that in view of the declaration made in that behalf the amendment had been effective from the date of the finance bill. he also contended that manufacture was involved when soft cotton waste was produced and it was being ..... an entry under heading 52.02 in the first schedule to the central tariff act covering cotton waste, it would not automatically mean that duty was leviable on the same. any way, the amendment applied only to the period subsequent to the finance act 1995 and not before. it was also reiterated that the claim of the department .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-31-2006
Reported in : AIR2006SC1132; 2006(2)AWC1339(SC); JT2006(2)SC108; 2006(2)KarLJ129; 2006(3)MhLj331; (2006)2MLJ262(SC); 2006(2)SCALE62; (2006)2SCC416
..... for the acquisition of the land shall lapse:provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement.explanation - in computing the period of two years referred to in ..... 4) of section 9. after notices have been issued under section 9 of the act, the collector proceeds to enquire into all the matters specified in section 11 of the act. sections 11, 11a and 12 of the act as amended by land acquisition (amendment) act 1984 are crucial for deciding the questions involved in these appeals. they provide as follows ..... must formally sign the award as approved and inform the parties concerned. if he fails to do so within the period prescribed by section 11a of the act the entire proceeding for the acquisition must lapse. the learned single judge who heard the writ petition upheld the contention of the respondents and quashed the acquisition .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-11-2006
Reported in : AIR2006SC2511; [2006(110)FLR233]; 2006(5)SCALE627; (2006)9SCC69; 2006(3)SLJ301(SC)
..... his case for empanelment as additional secretary to the government of india but got no relief. on 15.09.1998, the appellant sought an amendment for amending the relief clause in his oa and prayed for a direction to reconsider his case for empanelment as additional secretary to the government of india ..... wholly unconstitutional and illegal. according to the appellant, the service conditions of ias officers are governed by the provisions of the all india services act, 1951 (ais act) and the rules framed thereunder. the appellant contended that it was not permissible for the government of india to prescribe any procedure therefore other ..... the constitution. amplifying this it is urged by the appellant that several rules have been framed by the central government in exercise of its statutory powers under the ais act 1951, i.e. indian administrative service (cadre) rules, 1951; indian administrative service (fixation of cadre strength) regulations, 1955: indian administrative service (pay) rules .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2006
Reported in : 2006(3)AWC3078(SC); 2006(6)SCALE56; (2006)11SCC129
..... of distilleries. right to manufacture various categories of indian made foreign liquor within the meaning of the provisions of the uttar pradesh excise act, 1910, as amended in 1950, (for short, 'the act) has been granted to them by the state of uttar pradesh. they have been granted licence for manufacturing potable liquor. they indisputably ..... have been paying excise duty in terms of the provisions of the act. 3. the state of uttar pradesh on or about 03.02.2001 ..... , exported, transported, manufactured, cultivated or collected under any licence granted under section 13, or manufactured in any distillery or brewery established or licensed under the act; and the state government has not been empowered to levy any duty on liquor which the contractors failed to lift. therefore, the state government was exercising .....
Tag this Judgment!Court : Delhi
Decided on : Mar-17-2006
Reported in : 2006(88)DRJ497
..... .(2) the provisions of clauses (a) and (b) of sub-section (1) shall remain in operation for a period of two years from the commencement of the pharmacy (amendment) act, 1976.15. as is evident, but for the introduction of section 32-b, only those entitled to be registered as per section 31 to 32-a could be registered as ..... issued by the delhi pharmacy council. 5. the petitioner had in the course of departmental enquiry, contended that he was entitled to the certificate under section 32b of the amended act since he was possessing a certificate issued by the office of the delhi drugs controller dated 31.12.1969. in terms of section 32-b(b), those holding certificates under ..... issued with a certificate dated 3.5.1978 by the delhi pharmacy council as per form-f under rule 65(1) read with section 32b of the pharmacy act, 1948 (hereafter 'the act') as amended, in 1976.4. on 3.3.2000, a charge sheet was issued to the petitioner alleging that he had failed to submit his basic educational qualification .....
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