Judgment Search Results Home > Cases Phrase: cotton textiles cess act 1948 repealed section 5 payment of cess Page 3 of about 322 results (0.133 seconds)

Employees' State Insurance Corporation Vs. N.K. Sondhi and Ors.

Court : Rajasthan

Reported in : (1976)IILLJ20Raj; 1975()WLN667

..... this fact is admitted that the accident had taken place on 24-2-1967 before the repeal of section 66 of the act but the insured workman was examined by medical board appointed by the appellant on february 28, 1968 when he was for the first time declared entitled to ..... also held that in view of the repeal of section 66 of the act the plaintiff was not entitled to ..... if on the date when the cause of action arose to the plaintiff to claim the reimbursement section 66 of the act was repealed then the corporation cannot ask the employer even if he were held to be guilty for the accident for the reimbursement of permanent disablement benefit which the corporation was required to pay ..... as an expert was called from fagwara where he has been working as weaving superintendent in the jagatjit cotton textiles mills. ..... the respondents that even if negligence could be attributed to the employer, the appellant could not claim reimbursement because section 66 of the act was repealed when the corporation became liable to pay damages to the injured workman. ..... clause (c) of this regulation lays down that the claim for any benefit under the act shall for the first payment of disablement benefits become due on the date on which an insured person is declared as permanently disabled ..... medical board to examine surjan singh and it was discovered that surjan singh had sustained 45% loss in his working capacity under section 51 of the employees' state insurance act, 1948 (hereinafter referred to as 'the act').4. .....

Prithi Singh S/O Late Bhur Singh and anr. Vs. Union of India (Uoi)

Court : Guwahati

..... that if transport of essential commodities by rail or other means of conveyance was left uncontrolled it might well have seriously hampered the supply of these commodities to the public, and that the order was to regulate the transport of cotton textiles in a manner that will ensure an even distribution of the commodity in the country and make it available at a fair price to all.the grant or refusal of a permit was thus to be governed by that policy and the discretion given ..... state of madhya pradesh : 1954crilj1322 , which was a case under the cotton textiles (control and movement) order, 1948, their lordships distinguished the case reported at : [1954]1scr803 , because clause 3 of that order, which ran thus ..... 3, the impugned clause of that order was in the same terms as clause 3 of the order order 1956, made by the central government, and by which the chief commissioner's order order 1955 was repealed.my learned predecessor found that clause 3 of the order order 1955 infringed with the fundamental rights under art, 19(1)(g) of the constitution and did not come within the protection of article 19(6) because its provisions could ..... that case the central government had withdrawn all the restrictions as regards the carriage of rice from one state to another by a notification under section 3 of essential supplies (temporary powers) act, 1946, and therefore from manipur to other places outside manipur.the manipur government had then obviously no power to impose any such restrictions. .....

National Assn. of Motion Pictures Exhibitors, Delhi Vs. Union of India ...

Court : Delhi

Reported in : ILR1983Delhi691

..... conferred by section 3 of the act cotton textiles (control of movements) order 1948 was issued. ..... observed, 'conceding, however, for the sake of argument that to the extent of a repugnancy between an order made under section 3 and the provisions of an existing law, to the eexfent of the repugancy, the existing law stands repealed by implication, it seems to us that the repeal is not by any act of the delegate, but the repeal is by the legislative act of the parliament itself. ..... lal (supra) while upholding the validity of section 6 of the essential supplies act which provided that any order issued under the act will have effect not- withstanding anything contained in any other enactment, even on the assumption that to the extent of repugnancy between an order issued under section 3 of the said act and an existing law, the latter will stand repealed by implication. ..... held this construction by the high court to be erroneous in these words 'section 6 does not either expressly or by implication repeal any of the provisions of pre-existing laws neither does it abrogate them. ..... because it took the view that if there is any repugnancy in an order made under section 3 with the provisions of any other enactment than the provisions of the order will prevail with reference to the other provisions of the law and that this would amount to doing something which may have the effect of repealing by implication an existing law, which power could not be delegated in view of the delhi laws case where it .....

V. Srinivas Vs. the Director of Controlled Commodities, Madras

Court : Chennai

Reported in : AIR1953Mad775; (1952)2MLJ113

..... ' on 19-2-1948 a notification was issued by the government of india, in exercise of the powers conferred by section 3, essential supplies (temporary powers) act, 1946 (24 of 1946), publishing an order called the cotton textiles (control) order, 1948. ..... it is clear from the provisions of clause 30 of the control order of 1948 dated 2-8-1948 that the textile commissioner or such officer to whom his functions and powers have been delegated in accordance with clause 34 may with a view to secure a proper distribution of cloth and yarn and with a view to securing compliance with these ..... 'in accordance with this order of the government the provincial textile commissioner proceeded by his order dated 29-11-1948 to specify the quantities and counts of yarn to be supplied to the master weavers who were enjoying consumer quantities during the last control period. ..... of the order provided,'no manufacturer shall, save in accordance with a general or special permission of the textile commissioner or in compliance with a direction given under clause 18(b) '(a) sell or agree to sell cloth or yarn to any person who '(1) is not a licensed dealer (or is not in, possession of a certificate of registration issued) under the rules framed in this behalf by the ..... this order however, was shortly thereafter repealed by another order of the same name published by a notification dated 2-8-1948 which is now in force. .....

Vijay Textiles Vs. Cit

Court : Delhi

Reported in : [2002]122TAXMAN726(Delhi)

..... nandan bhimsarai who is doing business in cotton textiles. ..... one shri devkinandan bhimasaria;(iv) that the said shri devkinandan bhimsaria is not one of the 10 cash creditors;(v) that the repayment of cash credits which is claimed by the assessed to have been made in bombay in terms of cash payments by the assessed is not proved by any material on record since the assessed has not been to bombay on the respective dates of repayments.'6. ..... sinha, c.j.this reference was made at the instance of the assessed under section 256(1) of the income tax act, 1961) (hereinafter referred to as the act) by the tribunal, delhi bench 'e', for opinion of this court on the question :'whether on the facts and in the circumstances of the case, the tribunal was justified on facts and in law in treating the cash credits, loans of ..... the learned tribunal further noticed that in terms of section 68 of the act, the onus to prove the cash credit found in the books of account of the assessed maintained for any previous year was on him and it was held :'on the facts of the present case, the ..... bombay and from central bank of india, cotton exchange branch, revealed that all the cheques issued by the assessed in favor of the respective 10 creditors in lieu of interest due and payable on the alleged cash creditors were credited in the current account maintained ..... lakh for a consideration which was credited to his account and is camouflaged in the assessed's bank as interest payments to the alleged creditors.'5. .....

Vijay Textiles Vs. the Commissioner of Income-tax, New Delhi

Court : Delhi

Reported in : 99(2002)DLT121

..... nandan bhimsaria who is doing business in cotton textiles. ..... one shri devkinandan bhimsaria: (iv) that the said shri devkinandan bhimsaria is not one of the 10 cash creditors: (v) that the repayment of cash creditors which is claimed by the assessed to have been made in bombay in terms of cash payments by the assessed is not proved by any material in record since the assessed has not been to bombay on the respective dates of repayments.' 6. ..... this reference was made at the instance of the assessed under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') by the income-tax appellate tribunal, delhi bench 'e', delhi (hereinafter referred to as the 'the tribunal'), for opinion of this court on the following question:-'whether on the facts and in the circumstances of the case, the ..... the learned tribunal further noticed that in terms of section 68 of the act, the onus to prove the cash credit found in the books of account of the assessed maintained for any previous year was on him and it was held:-'on the facts of the present case, the ..... bombay and from central bank of india, cotton exchange branch, revealed that all the cheques issued by the assessed in favor of the respective 10 creditors in lieu of interest due and payable on the alleged cash creditors were credited in the current account maintained ..... lakh for a consideration which was credited to his account and is camouflaged in the assessed's bank as interest payments to the alleged creditors'. 5. .....

Thanmal Surana and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1959Raj206

..... under powers conferred by section 3, the central government promulgated the cotton textiles (control of movement) order, 1948 which provided that no person should transport or cause to be transported by rail, road, air, sea or inland navigation any cloth, yarn or apparel, except under and in accordance with a general permit notified in the gazette of india by the textile commissioner, or a special transport permit issued by that officer. ..... the advantage of such a procedure is that members of both houses have, of course, such chances as parliamentary arrangements afford of pressing for the repeal of an enactment under which obnoxious rules and orders are made, or of revoking those rules and orders by statute. ..... as local conditions differ, the power of delegation to act under given circumstances was also necessary and no legitimate objection could be taken to the provisions of section 5.as to the payment of price for the sale of commodities directed to be sold under clause (f) of sub-section (2) of section 3, the broad principles have been embodied in sub-section (3). .....

Pgo Processors Pvt. Ltd. Vs. Additional Commissioner

Court : Rajasthan

Reported in : 2000(116)ELT32(Raj); 2000(1)WLC29; 1999(1)WLN377

..... in the present case, the ultimate question is as to whether the claim of the petitioner to be an independent processor is correct or not and whether the petitioner is entitled to clear the goods on payment of duty under section 3a of the act without the decision of the authorities on the question or not a peculiar situation has arisen where the petitioner claims to be a manufacturer of goods falling under the tariff items specified in the notification no. ..... 42/98 provides that the commissioner of central excise shall, as soon as may be, after determining the annual capacity of production on the basis of average value of processed textile fabrics and the number of chambers of a hot-air stenter of the factory of the independent processor, by an order, intimate the same as also the rate of duty applicable to the independent processor. ..... (4) the commissioner of central excise shall, as soon as may be, after determining the annual capacity of production on the basis of the average value of processed textile fabrics and the number of chambers (of a hot-air stenter) of the factory of the independent processor, by an order, intimate the same as also the rate of duty applicable to the independent processor :provided that the commissioner may ..... schedule to the registration certificate specifies the description of goods for the manufacture of which the registration has been granted as 'woollen fabrics, cotton fabrics, man made blended fabrics. .....

A.V. Nachane and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1982SC1126; (1982)ILLJ110SC; (1982)1SCC205; [1982]2SCR246

..... section (1), such an order may provide inter alia for regulating by licences or permits or otherwise the production or manufacture and transport, distribution, disposal, acquisition, use or consumption of any essential commodity, section 6 of that act provides inter alia that any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than that act, in exercise of the powers conferred by section 3 of that act the central government made the cotton textiles (control of movement) order, 1948 ..... that the regulations made under section 49 of the act and 'other provisions' as in force before the commencement of the amendment act with respect to the said terms and conditions are to be deemed as rules made under clause (cc) of section 48(2) sub-section (2b) of section 48 says that the power to make rules conferred by clause (cc) of sub-section (2) shall include the power to add, vary or repeal the regulations and 'other provisions' referred to in sub-section (2a) with retrospective effect from a ..... to this ordinance and the act would not have been relevant because section 32(i) of the original payment of bonus act, 1965 made the said act not applicable to the employees of the life insurance corporation, but the central government appears to have decided also that the employees of establishments not covered by the payment of bonus act would not be eligible to get bonus and ex-gratia cash payment in lieu of bonus would .....

State Vs. Deewaki Nandan

Court : Madhya Pradesh

Reported in : 1954CriLJ87

..... to the provisions of the madhya bharat cotton textile (control of movement) order 1948 which was not in force on the date of the alleged occurrence and which had already been repealed in 1950 by the extension to the state of madhya bharat, of the cotton textile (control of movement) order 1948 made by the central government under the central act, namely, the essential supplies (temporary powers) act 1948 which act was also extended to this state on ..... transport of cloth or yarn as part of one's personal luggage from any place in any zone to any other place or any other zone constitutes a contravention of section 3 of the cotton textile (control of movement) order 1948, if the cloth or the yarn transported exceeds 20 pounds in weight. ..... passenger train from agra to morena and carried with him 22 pairs of dhoties without obtaining a permit in that behalf from the competent authority, and thus contravened clause 3 of the cotton textile (control of movement) order 1948 made by the central government under section 3, essential supplies (temporary powers) act, 1946. ..... to the provisions of the madhya bharat cotton textile (control of movement) order of 1948 and observed that under section 3 of this order the export of cloth from madhya bharat except under and in accordance with a general or special permit issued by the textile commissioner was prohibited and that there was no restriction on the import of the cloth into madhya bharat, and that as the act of the accused in bringing 22 pairs .....