Court : Chennai
Reported in : 1983(12)ELT34(Mad)
..... arose is innamuri gopalan v. state of andhra pradesh : [1964]2scr888 . the appellants before the supreme court who were dealers under the andhra pradesh general sales act, 1957 claimed exemption from sales tax under certain notification in respect of the sales of textiles in their stock. the state contended that since the object of the notification ..... no. 37 of 1978. the approval of the three classification lists also makes it clear that the authorities were not making a provisional assessment or approval. chapter iii of the central excise rules, 1944 deals with levy and refund of and exemption from duty. rule 7 provides that every person who produces, cures ..... which warranted a provisional assessment being made, in the first instance, when the petitioners submitted their three classification lists for approval, then the respondents should have acted in terms of rule 9-b. on the other hand, they did not have in their minds the slightest doubt that the petitioners were not entitled to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj22; 1982()WLN756
..... or that the tribunal does or does not consider it necessary to try the remaining issues.the same conclusion also follows from the other provisions of the said chapter iii of the act some of which are hereinafter mentioned. section 86(4) gives the election commission the power to fill a vacancy occurring in the office of a member of ..... that the word'trial' has been used in section 10 in the narrow sense as referred by their lordshipsof the supreme court in harish chandra's case (air 1957 sc 444v namely,examination of witnesses filing of documents and hearing of arguments. thus,it was held that the trial court was competent to entertain an application forgrant of ..... any suit', occurring in section 10. c.p.c.12. in harish chandra baipai v. triloki singh air 1957 sc 444 the word 'trial' came up for interpretation with reference to the provisions of section 90. re-presentation of the people act. 1951. their lordships observed as under in the aforesaid case fat p. 453) :--'the point for decision .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... entitled 'capital punishment' was the first major survey of the problem from 50 an international standpoint on the deterrent aspect of the death penalty and in its third chapter, it contained a cautious statement 'that the deterrent effect of the death penalty is, to say the least, not demonstrated.' this view had been expressed not ..... challengers, the verdict ordinarily goes against them.' relying inter alia on the decision of this court in state of bombay v. r.m.d. chamarbaugwala : [1957]1scr874 the learned judge again emphasized:some courts have gone to the extent of holding that their is a presumption in favour of constitutionality, and a law will ..... who like all people are subject to influence, connections, prejudices and egocentric motivations for their behaviour, takes upon itself the right to the most terrible and irreversible act-the deprivation of life. such a state cannot expect an improvement of the moral atmosphere in its country. i reject the notion that the death penalty has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1461; 1982CriLJ1941; 1982(1)SCALE654; (1982)3SCC128; 1982(14)LC590(SC)
order1. anjuman isnai ashria, a society registered under the societies registration act filed a suit against one shanti sarup gupta in the court of the senior sub-judge, delhi, for possession of property particularly demarcated in red colour in the map annexed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)
..... the constitution makers therefore decided to give teeth to their resolve to obliterate and wipe out this evil practice by enacting constitutional prohibition against it in the chapter on fundamental rights, so that the abolition of such practice may become enforceable and effective as soon as the constitution came into force. this is the ..... the use of forced or compulsory labour in all its forms' and this prohibition was elaborated in convention no. 105 adopted by the international labour organisation in 1957. the words 'forced or compulsory labour' in convention no. 29 had of course a limited meaning but that was so on account of the restricted definition ..... of carrying out the construction work of the projects and they were registered as principal employers under section 7 of the contract labour (regulation and abolition) act, 1970. the contractors started the construction work of the projects and for the purpose of carrying out the construction work, they engaged workers through jamadars. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(1)BomCR416
..... the learned appellate judge confirmed the conviction and sentence passed against the petitioners for the offence under sections 78 and 79 of the trade and merchandise marks act, 1958 and section 63 of the copyright act, 1957. these convictions were recorded by the learned magistrate on 26th march, 1979. the first petitioner was sentenced to suffer s.i. till rising of the court and ..... as case no. 18/1&r;/1977 charging four accused made therein for the commission of offences under sections 78 and 79 of the trade and merchandise marks act, 1958, section 63 of the copyright act, 1957 read with section 34 of the indian penal code and sections 120, 120-b, 465, 471, 472, 473, 474, 475, 483, 482 and 486 of the indian .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP283
..... . the affidavit filed in support of the writ petition contains the following allegations:-the petitioner is a body corporate registered under the societies registration act, 1960 (punjab amendment act 1957) delhi and having its branch for the state of andhra pradesh at hyderabad. the petitioner has been established for the purpose of educating consumers ..... board to persons other than lecensees under section 55, the licensees are subject to the directions which may be issued by the electricity board chapter 6 of the act deals specially with the board's finance, accounts and audit. under section 78-a the board is subject to the directions of the state ..... of supplies of electricity to sparsely developed area. these provisions provide sufficinet guidance.42. therefore the contention that the board is having unguided power and can act arbitrarily has to be rejected. the validity of this provision namely section 49 came up for consideration in the case of maharashtra state electricity board v. .....
Tag this Judgment!Court : Chennai
Reported in : 1983LC199D(Madras); 1983(14)ELT2342(Mad)
..... central government being satisfied that it is necessary in the public interest so to do, exempts viscose staple fibre and viscose tow, falling within chapter 56 of the first schedule to the customs tariff act, 1957 (51 of 1957) when imported into india, from so much of the duty of customs leviable thereon under the said first schedule as is in excess of 10 ..... duty. this is a case we must apply the principle 'expressio unises et exclusio alterius'. 10. the basic customs duty leviable on viscose staple fibre under chapter 56 of the first schedule to the tariff act is 140% ad valorem. in view of the central government notification, the writ petitioner would be entitled to exemption of 130% out of 140% and be .....
Tag this Judgment!Court : Chennai
Reported in : (1983)IILLJ372Mad
..... executive direction which seeks to infringe the substance of that right would to that extent be void. however, as observed by the supreme court in kerala education bill, 1957 case, a.i.r. (1958) s.c. 956 : 'the minority cannot surely ask for aid or recognition for an educational institutional run by them in ..... or set aside an order of dismissal, removal or reduction in rank. 30. the validity of ordinance 33, chapter lvii of the ordinances framed by the syndicate of university of kerala, under s. 19(j) of the kerala university act. 1969, was in question in lilly kurian v. sr. lewina : [1979]1scr820 . the material provision reads ..... lead themselves to teaching and thus the formation of medical schools, christian religion greatly contributed to both learning and teaching of medicine, because it favoured as acts of christian piety not only the protection and care of the sick but the establishment of institutions where collections of sick people encouraged observation, analysis and discussion .....
Tag this Judgment!Court : Chennai
Reported in : (1983)IILLJ88Mad; (1983)IIMLJ49
..... substitution of an industrial dispute as referred by another dispute between the heirs of the deceased workman and the employer, which is not contemplated by the provisions of the act and would be outside it. the aforesaid limitations have been pointed out by the supreme court in the decision in hochtief gammon v. industrial tribunal, bhuvaneshwar, orissa ( ..... investigation into disputed rights and enforcement of such rights as well. s. 33c(1) of the act speaks of recovery of any money due to a workman from an employer under a settlement or an award or under the provisions of chapter v a or v b. this enabling provision assists the workman or other persons authorised by him ..... terminated his services after giving a month's salary in lieu of notice. this was on 12th december, 1957. the driver died on 20th may, 1958. the appropriate state government made a reference under s. 10(1)(c) of the act on 25th june, 1958. before the labour court, a contention was raised that the reference had become .....
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