Doctrinal - Judgment Search Results

Colgate Palmolive (India) Ltd. Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in: (2003)LC56Tri(Kol.)kata

..... of rectangular rectitude while dealing with its citizens there was a time when the doctrine of executive necessity was regarded as sufficient justification for the government to repudiate even ..... also expresses its disagreement with the observations made in motilal sugar mills case that the doctrine of promissory estoppel cannot be defeated by invoking the defence of executive necessity suggesting .....

Central Bank of India Staff Co-operative Building Society Limited Vs. ...

Court: Andhra Pradesh

Reported in: AIR2004AP18; 2003(5)ALD116; 2003(6)ALT121

..... whether the suit is not maintainable on the ground of doctrine of frustration 10 whether the suit agreement is abandoned 11 ..... in a very different way from that originally contemplated the doctrine of frustration operates to excuse from further performance where 1 ..... court held as follows the essential idea upon which the doctrine of frustration is based is that of impossibility of performance .....

Contemperory Packaging Vs. C.C.E.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(88)ECC510

..... rejected the refund claim of the appellants being hit by the doctrine of unjust enrichment 2 the sole issue involved in the ..... not meant to be exercised for unjustly enriching a person the doctrine of unjust enrichment is however inapplicable to the state state represents ..... the counsel that since the duty was paid under protest the doctrine of unjust enrichment was not attracted to their case is wholly .....

Virginia Vs. Black

Court: US Supreme Court

..... there is no real overbreadth and there is no substantial overbreadth this reliance on overbreadth doctrine is understandable this court has made clear that to succeed in a facial challenge ..... the virginia supreme court relies on due process in declaring the statute invalid 375 overbreadth doctrine for this court has emphasized repeatedly that where a statute regulates expressive conduct the scope .....

Oil and Natural Gas Commission Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(90)ECC125

..... claim and their refund claim was dismissed only by applying the doctrine of unjust enrichment as they had admittedly passed on the ..... not meant to be exercised for unjustly enriching a person the doctrine of unjust enrichment is however inapplicable to the state state represents ..... refund claim had been rightly held to be hit by the doctrine of unjust enrichment by the authorities below 13 in view of .....

Kalasa Tea Produce Co. Ltd. Vs. the Commissioner of Commercial Taxes a ...

Court: Karnataka

Reported in: (2004)187CTR(Kar)428; ILR2004KAR482; [2004]267ITR29(KAR); [2004]267ITR29(Karn)

..... further laid down in the said decision that the application of doctrine of merger will depend upon the scope of statutory provisions ..... the appellate order one should be careful in applying the doctrine of merger of the appellate order referred these revision petitions ..... the particular statute in our opinion the application of the doctrine depends on the nature of the appellate or revisional order .....

Kalasa Tea Produce Co. Ltd. Vs. Cct

Court: Karnataka

Reported in: [2004]135TAXMAN105(Kar)

..... further laid down in the said decision that the application of doctrine of merger will depend upon the scope of statutory provisions ..... the appellate order one should be careful in applying the doctrine of merger of the appellate order referred these revision petitions ..... the particular statute in our opinion the application of the doctrine depends on the nature of the appellate or revisional order .....

Virginia Vs. Hicks

Court: US Supreme Court

..... no comparing of valid and invalid applications whatever the proportionality aspect of our overbreadth doctrine is simply ignored since however the virginia supreme court struck down the entire rrha ..... in relation to its many legitimate applications that is not surprising since the overbreadth doctrine s concern with chilling protected speech attenuates as the otherwise unprotected behavior that it .....

Dharam Dutt and ors. Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712

..... of delhi now delhi administration and anr air1962sc458 that the doctrine of colourable legislation does not involve any question of bona ..... the benefit of article 19 by placing reliance on the doctrine of lifting the corporate veil and submitting that the corporation ..... and we specifically record our overruling of the same the doctrine of separation of powers and the constitutional convention of the .....

Diwjinder Sharma Vs. Punjab Financial Corporation

Court: Punjab and Haryana

Reported in: (2004)136PLR130

..... strictly applicable to the proceedings under section 31 of the act the principle underlying the doctrine of resjudicata is certainly applicable to such proceedings and the learned additional district judge committed ..... high court and held since the proceedings before the authorities is of summary nature the doctrine of resjudicata has no application the act does not prescribe any principle of res .....