Judgment Search Results Home > Cases Phrase: cotton transport repeal act 1995 Page 1 of about 38,291 results (0.141 seconds)

M/S Lila Sons Vs. the Commissioner of Income-tax

Court : Madhya Pradesh

..... 16.7.1996 in m.c.c no.668/1993 was based on the peculiar facts of that case and as the question of law referred to it was not answered by laying 8 itr no.38/1995 down any law contrary to the law laid down by the supreme court in the case of bijli cotton mills (supra) and in fact nothing in that regard was actually decided therein not is there any conflict or contradiction between them, therefore, the decision of the division bench ..... in the case of amritsar transport company (supra) the matter was taken up before the supreme court by the revenue on the rejection of their application under section 256(2) of the act by the high court to call for a similar question of law and it ..... transport company private limited and another, 1993 supp (3) scc 546.after taking into consideration the decision in the case of bijli cotton ..... apparently, the decision in the case of amritsar transport company (supra) was not brought to the notice of the court while referring the matter ..... limited (supra), quoted above, it is 5 itr no.38/1995 abundantly and apparently clear that this court, while deciding the question of law referred to it under section 256(1) of the income tax act (hereinafter referred to as 'the act'), has clearly stated that the finding recorded by the tribunal purely relates to appreciation of evidence and it does not give rise to any question of law and has ..... was a proper case where the high court ought to have directed the tribunal to state the said question under section 256(2) of the act. .....

The Reform

Court : US Supreme Court

..... the act of 13 february, 1862, by which a sum of money was appropriated "for the purchase of cotton seed, under the superintendence of the secretary of the interior, for general distribution, provided that the said cotton shall be purchased from places where cotton is grown as far north as practicable," did not give power to the secretary of the interior to authorize an agent to transport merchandise to any district where the seed was to be got, such district having been then declared by proclamation, authorized ..... cessation of hostilities restored the right of commercial intercourse, but the restoration of such intercourse could not have the effect to repeal the act of congress which suspended such intercourse during the continuance of hostilities or to exonerate a vessel or cargo from a forfeiture incurred for a violation of the restrictions while they were in full operation. ..... directions in the act making the appropriation were that he should make the purchase from places where cotton was grown, as far north as possible, but the presumption is that he had full knowledge of the then existing commercial restrictions, and that the appropriation act under which all his authority was derived did not in terms repeal or in any manner modify or relax those restrictions. ..... 633 is clearly shown unless it be made to appear that those provisions had been modified or repealed before the date of the letter under which the claimants attempt to justify. .....

State Vs. Deewaki Nandan

Court : Madhya Pradesh

Reported in : 1954CriLJ87

..... 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 17-8-50, the learned sessions judge overlooked the fact that the ..... can be no doubt that the 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. ..... , of any restriction in clause 2 of the general permit which was before the magistrate as to the limit of cloth that can be carried as a part of one's personal luggage, the act of the accused in transporting 22 pairs of dhoties from agra to morena does not constitute any offence.8. ..... clause 2 of the general permit provided that....any person may transport or cause to be transported by rail, road, air, sea, or inland navigation cloth or yarn as part of his personal luggage from any place in any zone to any other place in that ..... it will thus be seen from the above provisions that the transport by rail of one pair of dhoti or of 22 pairs of dhoties as a part of one's personal luggage did not constitute an offence under the general permit which was .....

Hiralal Sutwala and ors. Vs. the State

Court : Mumbai

Reported in : 1953CriLJ481

..... the government railway police, bhusawal, suspected that they were illegally transporting cotton cloth from bombay state to another state and they intimated the government railway police, ..... it was argued, if any law or order imposed any additional condition or restriction on a citizen in the matter of transport of goods of a particular kind by the railway administration such law was inconsistent with the railways act & was thus tantamount to a partial repeal of that act. ..... reading it thus the intention becomes apparent that the policy indicated is to regulate the transport of cotton textiles in a manner that would ensure an even distribution of that commodity in the country and make it available at a fair price to ..... thereof does not deprive a citizen of the right to dispose of or transport cotton textiles purchased or produced by him but only requires him to obtain a permit, general or special, from the textile commissioner to enable him to transport them. ..... of a permit to transport by rail cotton textiles would, undoubtedly, operate as a restriction on the rights of a person who is engaged in the business of purchase and sale of cotton textiles. ..... the cotton textiles (control of movement) order, 1948, deals with transport of particular type of goods and so must be regarded as a ..... in the court of the judge-magistrate, hoshangabad, under section 7 of the essential supplies (temporary powers) act, 1946, for contravention of clause 3 of the cotton textiles (control of movement) order, 1948. .....

The State of Bihar Vs. Hiralal Kejriwal and anr.

Court : Supreme Court of India

Reported in : AIR1960SC47; 1960CriLJ150; [1960]1SCR726

..... the respondents filed a petition before the said munsif-magistrate praying for their discharge on the ground that the essential supplies (temporary powers) act, 1946 (xxiv of 1946), hereinafter called the 1946 act, whereunder the said order was made, had been repealed, and, therefore, the order ceased to have any legal force thereafter, and consequently they could not be prosecuted under the expired order. ..... in clear and unambiguous terms it posits the continuation in force of the order notwithstanding the repeal of the act; thereafter, it proceeds to enumerated certain past acts done under the order, and in force immediately before the commencement of the ordinance and says that they will continue in force in consequence of the continuance of the order. ..... 3 of the said act, the central government made the cotton textile (control of movement) order, 1948, prohibiting any person from transporting cloth, among others, without the permit of the textile commissioner. ..... order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this act, shall, in so far as such order may be made under this act, be deemed to be made under this act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded .....

State Vs. Sagar Mal and ors.

Court : Allahabad

Reported in : AIR1951All515

..... the law being today what it was in 1947, when the offence was committed, the opposite parties can be convicted of transporting by rail handloom cloth against the terms of the special permit they had obtained and the issue of a general permit by the textile commissioner in january, 1949, cannot have the effect ..... offence under the order of 1946, namely, transport of cloth by rail except on a general special transport permit is still an offence under the order of 1948 and is still punishable under section 7 of the act which has continued all along. ..... is, therefore, being urged that as every body is now permitted by this general permit to transport handloom cloth, the opposite parties cannot be convicted for breach of the special permit which they ..... appeal, set aside the order of the court below and convict the three opposite parties, sagar mal, mulchand and girdhar gopal, under section 7, essential supplies (temporary powers) act xxiv [24] of 1946 read with clause 3 (iii), government of india, cotton textiles (control of movement) order, 1946 and further read with clause 3 (iii) and clause 10, cotton textiles (control of movement) order of 1948. ..... no force because article 372(2) not only provides for adaptation but also for modification whether by way of repeal or amendment as may be necessary or expedient. ..... the repeal of the order of 1946 by the order of 1948 does not in our opinion, make any difference for clause 10 of the order of 1948 provides that ..... it repealed the essential supplies .....

United States Vs. Gillis

Court : US Supreme Court

..... during that month, the cotton was there taken by the military officers of the united states, as directed by the captured and abandoned property act, transported to new york and sold, and the net proceeds of the sale have been covered into the treasury. ..... in 1873 and 1874, therefore, it was not thought that the act establishing the court of claims had repealed any of the provisions of the act of 1853, for if it had been, the repealed parts would not have been included in the revision. ..... that the act creating the court of claims did not work a repeal of any provisions of the act of 1853 nor itself make claims assignable that were incapable of assignment before its enactment is beyond reasonable doubt. ..... besides, they relate to different subjects, and it may be doubted whether a statute relating to one subject can be construed to repeal by implication a prior statute relating entirely to another subject. ..... the rule is that an ancient statute will be impliedly repealed by a later one only when the later is couched in negative terms or when the matter is so clearly repugnant that it necessarily implies a negative. ..... 612, establishing the court of claims is not an enabling act, nor does it expressly or by necessary implication repeal any of the provisions of the act of feb. ..... 416 no words expressly repealing any former statute either in whole or in part. ..... implied repeals are not favored. ..... and there is no necessary implication of intentional repeal. .....

Walker's Executors Vs. United States

Court : US Supreme Court

..... . 418 stored to mobile, where the cotton so transported is to be sold and delivered to me, under the stipulation referred to above and pursuant to regulations prescribed by the secretary ..... parties in the same vicinities for other products of the insurrectionary states, all which he proposes to sell and deliver to agents authorized to purchase for the united states the products of the insurrectionary states, under the act of congress of july 2, 1864, and the regulations of the secretary of the treasury, it is ordered that all such products which a purchasing agent of the government has agreed to purchase, and the ..... . a portion of the argument of counsel is addressed to the question whether, notwithstanding the repeal of the fifth section of the act of july 13, 1861, authorizing the president, in his discretion, to license or permit commercial relations in any state or section in insurrection, he could not, in virtue of his power as commander-in-chief of the army, ..... . and the ninth section provides: "that so much of section five of the act of thirteenth of july, 1861, aforesaid, as authorizes the president, in his discretion, to license or permit commercial relations in any state or section the inhabitants of which are declared in a state of insurrection is hereby repealed except so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary states within the lines of actual occupation by the military forces of the united .....

Cutler Vs. Kouns

Court : US Supreme Court

..... if we adopt the view of the defendants in error, it would follow that all cotton produced west of the mississippi, which could only be transported to new orleans by virtue of the act of july 2, 1864, and on the condition that it was there to be sold to a purchasing agent, and to be subject to an exaction of one fourth its value, would, the moment it arrived, be relieved of all the conditions imposed on it by the statute under ..... the contention of the defendants in errors is that by the proclamation of the president, dated june 13, 1865, the right of the purchasing agent to buy the cotton in question at three fourths its market price in new york, or, what is in substance the same thing, to take possession of the cotton and hold it until one fourth of its market value in new york was paid to him by the owner, was taken away, and that after that date the exaction ..... but until the restrictions upon the removal of cotton produced west of the mississippi had been repealed, such cotton, if removed from the place where it was grown, would, while the restrictions were in force, remain subject thereto, no matter what might be the regulations concerning the products of the place to which it was removed. ..... 726 cotton to a place east of the mississippi, where they were under the implied obligation to pay the united states one fourth its value, they can escape that exaction and get the benefit of the repeal of the restrictions upon cotton grown east of the mississippi river. .....

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

..... states that without prejudice to the generality of the powers conferred by sub-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 ..... review, but so long as the judgment stands, it cannot be disregard ed or ignored and it must be obeyed by the life insurance corporation, we are, therefore, of the view that, in any event, irrespective of whether the impugned act is constitutionally valid or not, the life insurance corporation is bound to obey the writ of mandamus issued by the calcutta high court....beg, c. j., who delivered a separate hut concurring judgment, after pointing out the 'hurdle in ..... power to make rules under clause (cc) of sub-section (2) shall include (i) the power to give retrospective effect to such rules, and (ii) the power to amend by way of addition, variation or repeal the regulations and other provisions referred to in sub-section (2a) with retrospective effect, but not from a date earlier than june 20, 1979. ..... requires a person to take a permit from the textile commissioner to enable him to transport cotton textiles. ..... birla cotton spinning and weaving mills, delhi : [1968]3scr251 and gwalior rayon silk .....