Court : Supreme Court of India
Reported in : AIR1962SC646; [1962]2SCR947
..... 24th march, 1947, and the fixation of their standard rent definitely falls within the scope of s. 7a of the delhi and ajmer-marwara rent control act, 1947 (as amended). i, therefore, proceed to fix the rent accordingly.' 10. after taking into consideration the nature of the construction and the fittings, etc., and other relevant ..... the shops in the building worked out at rs. 335 per month including 10% for repairs but excluding house-tax and charges for consumption of water and electricity. a calculation sheet was prepared fixing the standard rent for each of the shops including some shops which were vacant, on the aforesaid basis. the calculation ..... decision was based on the finding stated above. the first question which the high court considered was whether s. 7a read with sch. iv of the control act, 1947 prescribed a discriminatory procedure wihtout a reasonable classification in respect of premises completed after march 24, 1947 and thus violated the guarantee of equal protection under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3399; 2002(2)ALD(Cri)756; 2003(1)ALT(Cri)235; 2002CriLJ4356; JT2002(7)SC386; 2002(7)SCALE37; (2002)7SCC748; [2002]SUPP2SCR612; 2002(2)LC1401(SC)
..... room, and people are plotting against him to ruin him.disturbances of general sensation gives rise to hallucinations, which areattributed to the effects of hypnotism, electricity wireless telegraphy oratomic agencies. the patient gets very irritated and excited owing tothese painful and disagreeable hallucinations and delusions. since somany people are against him ..... to law. theburden of proving the existence of circumstances bringing the case withinthe purview of section 84 lies upon the accused under section 105 of theindian evidence act. under the said section, the court shall presume theabsence of such circumstances. illustration (a) to section 105 is asfollows:'(a) a, accused of murder ..... , alleges that, byreason of unsoundness of mind, he did not knowthe nature of the act. the burden of proof is on a.' 14. the question whether the appellant has proved the existence ofcircumstances bringing his case within the purview of section .....
Tag this Judgment!Court : Supreme Court of India
..... government orders shall also be admissible (excluding pension commutation) to the officers and employees of the u.p. avas evam vikas parishad :1. civil service regulations as applicable as amended in u.p.2. uttar pradesh liberalized pension -do- rules, 1961.3. u.p. retirement benefit rules, 1961 -do- 4. new family pension scheme, 1965 ..... it in execution of any scheme to be houses subject to the u.p. industrial housing act, 1955 (u.p. act no.xxiii of 1955); (h) to regulate building operations; (i) to improve and clear slums; (j) to provide roads, electricity, sanitation, water supply and other civic amenities and essential services in areas developed by it; ..... it was the submission of the learned counsel for the appellant, that the state of uttar pradesh, through its communications dated 13.9.2005 and 12.7.2007, must be deemed to have issued directions to the vikas parishad, restraining it from implementing the pension/family pension and gratuity scheme. the aforesaid directions, according .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC371; (2004)192CTR(SC)257; 2004(178)ELT22(SC); [2004]271ITR401(SC); 2006(33)PTC652(SC); 2004(9)SCALE349; (2005)1SCC308; [2004]137STC620(SC)
..... . it is needless to repeat that it is capable of abstraction, consumption and use which, if done dishonestly, would attract punishment under section 39 of the indian electricity act, 1910. it can be transmitted, transferred, delivered, stored, possessed etc. in the same way as any other movable property. even in benjamin on sale, 8th ..... 54. it is difficult to derive much assistance from the aforesaid entries. what has essentially to be seen is whether electric energy is 'goods' within the meaning of the relevant provisions of the two acts. the definition in terms is very wide according to which 'goods' means ail kinds of movable property. then ..... property when it had all the attributes of such property. it was held that electricity was capable of abstraction, consumption and use which, if done dishonestly, was punishable under section 39 of the indian electricity act, 1910. it was held that electric energy could be transmitted, transferred, delivered, stored and possessed in the same way .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(69)ECC629; 2000(117)ELT537(SC); JT2000(4)SC406; (2001)10SCC399
ORDER1. The question involved in this case is for the demand of duty made against the appellants in respect of cotton bandages and surgical sutures for the period from 20th March, 1985 to 31st August, 1985 and 26th March, 1985 to 31st August, 1985 by issuance of a notice dated 16th September, 1985.2. It is not in dispute that these goods were being cleared on the basis of classification which had earlier been done. It is this classification which was sought to be disputed by the Department and the impugned notice issued raising a demand of Rs. 3,59,235.81 in respect of surgical sutures and Rs. 1,14,453.52 in respect of cotton bandages. The High Court set aside the demand in respect of cotton bandages but upheld the other demand.3. This Court in Collector of Central Excise, Baroda v. Cotspun Ltd. : 1999ECR817(SC) has inter alia held that the lavvy of excise duty on the basis of an approved classification list is the correct levy until such time as to the correctness of the approval is q...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2001(89)FLR475]; JT2001(4)SC82; (2001)10SCC397
ORDER1. The appellant assails the order of the Punjab & Haryana High Court. The appellant originally had been appointed as a clerk in the Office of the District & Sessions Judge in the year 1967. Having continued as a clerk in that office till 1976 and a post of clerk in the Office of Deputy Commissioner of Excise and Taxation having fallen vacant, he applied for the said post and on being duly selected he was issued a letter of appointment on 4th of January, 1977 which reads thus:Shri Dev Raj Gupta, Reader in the Court of Subordinate Judge 1st Class, Gidderbaha is hereby appointed as clerk against the vacant post.Sd/-(Ram Rattan)Bhatinda Deputy Excise & TaxationCommissionerdated 4th January, 1977. Distt. Bhatinda.No. 10844 Estt. Dated 1977.A copy is forwarded to the District & Sessions Judge, Faridkot for information with reference to his Memo No. 4091 dated 17.12.76. He is requested to relieve Shri Dev Raj Gupta, Reader in the Court of Subordinate Sub Judge 1st Class Gidderbaha and d...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC557; 2005(103)ECC277; 2006(193)ELT10(SC); JT2005(10)SC360; (2005)13SCC584
..... of nomenclature called 'hsn') dealing with the preparation of vegetables, fruits, nuts or other parts of plants which corresponds to chapter 20.08 of the tariff act reads as under:'20.08- fruit, nuts and other edible parts of plants, otherwiseprepared or preserved,whether or not containingadded sugar or othersweetening matter or spirit,not ..... of products consisting of mixtures of plants and parts of plants of different species etc. the structure of central excise tariff in the central excise tariff act, 1985 is the adoption of a detailed central excise tariff based broadly on the system of classification derived from the international convention called the 'brussels' ..... on the harmonised commodity description and coding system (harmonised system of nomenclature called 'hsn') with the necessary modifications. if the expression used in the tariff act and hsn is the same then the meaning which is expressly given in the hsn should be preferred in the absence of anything to the contrary given .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3134; 2002(3)ARBLR255(SC); 99(2002)DLT576(SC); [2003(1)JCR16(SC)]; JT2002(6)SC467; 2002(6)SCALE210; (2002)8SCC177
..... quashing the decision of the first respondent that the second respondent has the pre-qualification for the construction of koteshwar dam spillway and power house civil work of koteshwar hydro electric project pursuant to the tender specification no. thdc/rksh/cd/197/pq/99. the pre-qualification document under clause 10.2 provided as follows:-'10.2. the minimum ..... concrete dam, spillway and power house works; (iii) the statement made by the authorised signatory of the lenhydro project that the said constituents has executed the bureya hydro-electric project, far east russia is not correct as in fact the said project has been built by jsc boguchangesstroy a turn key contractor.4. in support of this contention, ..... where it enjoys good standing as a design firm. this firm does not involve itself in executing projects nor is it known to associate or act as a turn-key contractor; that letter dated 22.11.1999 [annexure p/12] issued by the bureya hydro power project is ambiguous inasmuch as it only .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368
..... 20, sub-section (4) of section 25, section 28' shall be substituted.**(this section was not brought into force till 2.4.2007)(emphasis supplied by us)15. in short, by the patents (amendment) act, 2005, for the first time a dichotomy was introduced in the patent law between 'opposition to the pre-grant' and 'opposition to the ..... 117a by which appeal was provided for against post-grant opposition order was not brought into force till 2.4.2007. one more aspect needs to be mentioned. as stated, vide patents (amendment) act, 2005, a dichotomy was brought in between pre-grant and post-grant opposition orders w.e.f. 1.1.2005. but when it ..... of objects and reasons, it has been clarified that section 64 is also amended vide patents (amendment) act, 2005 to confer wider jurisdiction on the appellate board in matters of revocation of patent, therefore, amended section 117g which is brought into force only from 3.4.2007 dealt with transfer of pending proceedings from the high court to the appellate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2006(110)FLR1041]; (2006)3GLR2526; JT2006(7)SC117; 2006(7)SCALE364; (2006)6SCC268
K.G. Balakrishnan, J. 1. Leave granted.2. The appellants in these two appeals challenge the judgment of the Division Bench of the High Court of Gujarat. K.M. Shah Dental College, appellant in one of the two appeals herein, is a dental college in the district of Vadodra in Gujarat. They held entrance examination for admission to the post- graduate course (M.D.S. in all branches], for which an advertisement was published by them in two daily newspapers on 17.6.2006. The last date for receipt of applications was 22.6.2006 and thereafter the entrance examination was held on 25.6.2006. Though the counselling had been notified for 27.6.2006, the entire admission process was completed on 26.6.2006 itself. According to the appellant-college, 24 students had sought admission, but only 23 students were selected. One of the students who sat for the entrance examination filed a Special Civil Application before the High Court of Gujarat challenging the process of selection followed by the appellant...
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