Court : Supreme Court of India
Decided on : Nov-09-1989
Reported in : AIR1990SC1753; JT1989(4)SC307; (1990)97PLR166; 1989(2)SCALE1149; (1990)1SCC71; [1989]Supp2SCR127; 1990(1)LC200(SC); 1990(1)WLN5
..... 224 tents for the period from 1.1.1969 to 1.12.1971. it is appropriate to refer in this connection to the relevant provisions of section 61(2) of the sale of goods act, 1930 (act 3 of 1930) which reads as follows :61(2) : in the absence of a contract to the contrary, the court may award interest as ..... transmission to the buyer, the consignee, without reserving any right of disposal. the seller is deemed to have unconditionally appropriated the goods to the contract only under section 26 of the said act, the goods remained at seller's risk until the property therein is transferred to the buyer. as stated earlier that the property in goods has been transferred to ..... any claim for loss or non-delivery against the railways. secondly, the suit against the railways was barred by time and thirdly since no notice under section 78-b of the indian railways act was served on the railways by or on behalf of the appellant. the appellant, however, submitted that the title of the goods passed on to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-1989
Reported in : AIR1989SC2066; 1989(24)ECC369; 1989(24)LC625(SC); 1989(43)ELT178(SC); [1990]185ITR575(SC); JT1989(3)SC460; 1989(2)SCALE337; (1989)4SCC724; [1989]3SCR892; [1990]76STC312(SC
..... of the expression 'any process incidental or ancillary to the completion of a manufactured product' used in the definition of the term 'manufacture' in section 2(f) of the act and for the same reason paper core would also be constituent part of paper and would thus fall within the term 'component parts' used in ..... . sales tax officer, kanpur : [1965]1scr900 while dealing with the expression 'in the manufacture of goods' used in section 8(3)(b) of the central sales tax act, 1956 and rule 13 framed under that act it was held that the said expression 'would normally encompass the entire process carried on by the dealer of converting raw ..... 'manufacture' includes any process, incidental or ancillary to the completion of a manufactured product. section 3 of the act which is the charging section contemplates levy and collection of duty of excise on all 'excisable goods'. the first schedule to the act specifies the excisable goods under various tariff items. in the absence of any definition of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-1989
Reported in : 1989(40)ELT276(SC); [1990]184ITR224(SC); JT1989(1)SC417; 1989(1)SCALE436; (1989)2SCC127; [1989]1SCR711; 1989(1)LC539(SC)
..... challenged before us or before the the tribunal itself as being based on no evidence.10. in that view of the matter and in view of the requirements of section 11a of the act, the claim had to be limited for a period of six months as the tribunal did. we are, therefore, of the opinion that the tribunal was right in ..... order to make the demand for duty sustainable beyond a period of six months and up to a period of 5 years in view of the proviso to sub-section ha of the act, it has to be established that the duty of excise has not been levied or paid or short-levied or short-paid, or erroneously refunded by reasons of ..... respondents' failure to reveal the correct position, they were liable. the collector was of the view that the time limit under rule 10 (section 11a) would run for 5 years. the relevant portion of section 11a of the act is as follows:(11-a. recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded-(1) when .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-07-1989
Reported in : AIR1989SC1367; [1989(58)FLR855]; JT1989(2)SC97; 1989(1)SCALE856; (1989)3SCC93; [1989]2SCR437; 1989(3)SLJ60(SC); 1989(2)LC258(SC)
..... lal v. state of rajasthan, : 1976crilj727 in support of his plea that the appellant was an officer. both these cases were with reference to the definition of 'public servant' in section 21 of the indian penal code. on principle, these decisions support the conclusion which we have reached.10. counsel appearing for the respondents did not attempt to contend that if ..... mr. rao's stand that an inspector or sub-inspector would indeed be an 'officer' inasmuch as under statutory orders made in exercise of powers conferred under the essential commodities act on the state government, authority has been vested in these categories of officers to exercise jurisdiction. black's law dictionary states:in determining whether one is an 'officer' or 'employee .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-1989
Reported in : AIR1990SC529; 1989(2)SCALE1310; (1990)1SCC104; [1989]Supp2SCR287
..... contract and was entitled to insist that her brother should complete his part. the agreement is a typical illustration of a contingent contract within the meaning of section 31 of the indian contract act, 1872 and became enforceable as soon as the event of redemption (by the plaintiff herself) happened. we agree with the view of the madras high court ..... payment. if it specified the event upon which the payment was to be made, and if the time of event was capable of being ascertained, the requirements of the section were satisfied. the same is the position in the case before us. the requirement of article 113 is not that the actual day should necessarily be ascertained upon the ..... 1970, the suit has been filed after more than 14 years, that is, long after the expiry of three years' period prescribed under article 54 of the limitation act. the high court has rejected the argument holding that since the cause of action of the suit was dependent on the redemption of the mortgage and no period was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-18-1989
Reported in : AIR1989SC985; 1989(1)BLJR23; 1967CriLJ1390; [1989(58)FLR334]; (1989)1GLR513; JT1989(1)SC98; 1989LabIC1253; (1989)ILLJ302SC; 1989(1)SCALE81; (1989)1SCC546; [1989]1SCR224; 19
..... special leave is whether in a case of this nature, the tribunal was right in holding that the application before it was barred by time. sub-section (1) of section 21 of the act, no doubt, says that a tribunal shall not admit an application in a case where a final order such as is mentioned in clause (a) ..... the date on which the order dated 6-5-1982 had been passed apparently on the grounds of limitation set out in sub-section (2) of section 21 of the administrative tribunals act, 1985 (hereinafter referred to as 'the act'). aggrieved by the order of the tribunal; the appellant filed this appeal.4. the question for consideration in this appeal by ..... anything contained in sub-section (1) of section 21 where the grievance in respect of which an application is made had arisen by reason by any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the tribunal become exercisable under the act in respect of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-1989
Reported in : AIR1989SC1819; (1990)1CALLT41(SC); JT1989(3)SC301; 1989(2)SCALE250; (1989)3SCC552; [1989]3SCR632; 1989(2)LC628(SC)
..... .9. the main question which remains to be decided is whether in the circumstances, the plaintiffs' case, based on alleged violation of the act can be accepted. section 14 enjoins that after the commencement of the act no tenant shall, without the previous consent in writing of the landlord, sub-let the whole or any part of the premises held by ..... of res judicata to the present litigation. he inter alia argued that having regard to the change in the law brought about by the 1956 act and specially in view of the provisions of sections 13, 14 and 16, the appellants are entitled to a decree.8. the factual position is that there are 16 sub-tenants as mentioned ..... ltd v. h. c. sharma : [1988]1scr1023 ; a case arising under the delhi rent control act. an examination of sections 14(1)(b), 16, 17 and 18 of the delhi rent control act would show that the two acts (west bengal act and the delhi act) are similar so far the present question is concerned. in the present case, since it is not suggested .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-16-1989
Reported in : AIR1989SC1696; 1989(1)SCALE1573; (1989)3SCC262; [1989]3SCR305; [1989]74STC379(SC); 1989(2)LC309(SC)
..... the rupee at every point of sale other than at the point of last sale, at which point the rate is 5 paise per rupee.3. clause (s) of section 2 of the act defines 'turnover' to mean the total amount set out in the bill of sale (or if there is no bill of sale, the total amount charged) as the ..... , the security deposit for the return of the bottles was held to be merely in the nature of an incentive to the buyer to return the bottles.10. turning to section 6c of the act, it seems to envisages a case where it is the goods which are sold and there is no actual sale of the packing material. the ..... appeals are manufacturers of or dealers in cement. the beer is sold in bottles packed in cartons. the cement is sold in gunnies. section 5 of the andhra pradesh general sales tax act (hereinafter referred to as 'the act') provides for the levy of sales tax on the turnover of goods at the rates specified in that provision. in the case of goods .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-1989
Reported in : 1989(3)Crimes578(SC); JT1989(3)SC737; 1989(2)SCALE660; (1989)4SCC509; [1989]Supp1SCR241
..... prayed for the quashing of the detention order of her son dated may 6, 1989 passed under sub-section (2) read with sub-section (3) of section 3 of the national security act, 1980, as confirmed by the order dated may 11, 1989 of the state of u.p. on ..... came in his rescue. on the basis of information given by mohd. bhura a crime case no. 121 was registered against you under section 307 ipc in p.s. delhi gate, meerut, which is pending. by your above misdeed fear and terror was spread in the ..... become necessary to detain you.3. it is apparent from the grounds of detention that a crime case was registered against him under section 307 ipc and he was arrested and detained in jail.4. along with the grounds of detention, a copy of the report of ..... 29, purwa hamid hussain got lodged one report in the police station delhi gate and a crime case no. 121 of 89 under section 307 ipc is pending consideration. sh. praveen kumar is in jail for commission of this offence.praveen kumar has given application for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-19-1989
Reported in : AIR1989SC1822; 1989CriLJ2113; 1989(3)Crimes7(SC); JT1989(3)SC112; 1989(2)SCALE19; (1989)3SCC465
..... accused had deliberately attacked the decased and pw-1 with an intention to kill them. on the other hand it is a case which would fall under exception 4 to section 300 i.p.c. the high court has failed to notice this position because of its obsession over minor details in the case.20. on the question whether all ..... several injuries, if jairam singh and his sons were the aggressors and if only a-2 and a-3 were present at the scene they could not have by their acts of self-defence alone caused the death of two persons and also caused injuries to pw-1. another significant factor is that the two deceased and pw-1 had ..... learned counsel appearing for the accused disputed the statement of the appellant's counsel and contended that the prosecution case suffers from many infirmities and therefore the high court had acted correctly in setting aside the convictions and acquitting the accused.11. on a careful consideration of the relevant materials and the arguments of the counsel for the state and the .....
Tag this Judgment!