Court : Chennai
Reported in : 2006(4)CTC483
..... of tamil nadu : air2000sc3060 as a one-time measure. by the tamil nadu town and country planning (amendment) ordinance 7 of 2000 (tamil nadu act 31 of 2000), section 113-a was further amended, whereby all buildings constructed on or before 31st august 2000 were made eligible to be considered for such regularisation on payment of ..... for the commercial zones, further restrictions are imposed in relation to the horsepower rating of electric motors and provisions have also been made to regulate storage of explosives as well as to regulate effluents, smoke, gas or other items which are likely to cause danger or nuisance to public health. the development control rules ..... petition was pending in supreme court, the state of tamil nadu amended the tamil nadu town and country planning act, 1971 by the amending act, 1998 (tamil nadu act 58 of 1998) by inserting section 113-a to the act, which reads as follows:113-a. exemption in respect of development of certain lands or buildings.--(1) notwithstanding .....
Tag this Judgment!Court : Chennai
Reported in : (2006)4MLJ906
..... booking stations on application to the station masters or goods clerks. the forms of forwarding notes specified by the central government in accordance with section 64 of the railways act, 1989 are shown in annexure 'a'.3. merchants and traders must satisfy themselves that their packages are properly addressed and their forwarding notes ..... note, which must be signed by the sender or his authorised agent, and must contain a declaration of the weight, description in accordance with section 66 of the railways act, 1989 and destination (station and railway on which situated) of the goods consigned, and indicate in the column provided for this purpose, the ..... rules, 1990;iv. articles not packed in accordance with the prescribed conditions or articles in a defective condition;v. explosives and other dangerous goods. 12. having dealt with the relevant provisions in the railways act and railways commercial manual, let me now proceed to discuss the points for consideration which have emerged in this .....
Tag this Judgment!Court : Chennai
Reported in : 2006(111)ECC735; 2006LC735(Madras)
..... 3 of the cenvat credit rules, 2002, confirmed the order of the original authority and held that the first respondent/company is not eligible for cenvat credit on the explosives used inasmuch as they were used outside their factory.2.4. on further appeal by the first respondent/company, the customs, excise and service tax appellate tribunal, chennai ..... . hence, these appeals raising the following substantial questions of law:c.m.a. no. 3389 of 2004:(i) whether the tribunal is correct in holding that the explosives which are used outside the factory are eligible for cenvat credit as inputs when the definition of inputs under rule 57aa of the central excise rules, 1944 and 2 ..... apex court observed as under:19. in this background, the question arose in cce v. j.k. udaipur udyog ltd. : 2004(171)elt289(sc) , whether the explosives used for blasting purposes in the mines and which had not been used in the factory premises for production or in relation to the manufacture of cement could qualify for .....
Tag this Judgment!Court : Chennai
Reported in : (2007)1MLJ353
..... above statement is hereby recorded. it is stated that the proposed construction is an easy public accessibility in the prevalent economic condition and scenario of population explosion and dearth of housing accommodation. 17. regarding free flow of water in the canal, we have already referred to the stand taken by the ..... and environment throughout the stretch of the project. the proposed construction is an easy public accessibility in the prevalent economic condition and scenario of population explosion and dearth of housing accommodation. the water flow is being regulated in the entire stretch by construction of retaining walls and side pavements as per ..... counsel for thepetitioner relating to pallikaranai marsh has to be rejected.16. section 11 of the indian railways act, 1989, which enables the construction of railway on any condition is brought to our notice and the said section is as follows:section 11. power of railway administration to execute all necessary works - notwithstanding .....
Tag this Judgment!Court : Chennai
Reported in : (2007)1MLJ338
..... petroleum products in tanks in connection with pump outfit for fuelling motor conveyances in form xiv of the petroleum rules, 2002, is granted by the petroleum and explosives safety organisation for which a 'no objection certificate' from the district authority is required under rule 144 of the petroleum rules, 2002. having received the 'no ..... of 5 metres within the boundary of the premises as prescribed by the rules, 2002. the safety distance is only 3 metres as per schedule iv, sub-section (c) of the petroleum rules, 2002. 16. the vent pipes of the underground tanks installed in the premises have observed 4 metres safety distance in ..... further stated that the petitioner's factory, being a 'hazardous establishment', is functioning under various licences of the state government of pondicherry covered under the various acts & rules. the said factory is adopting all precautionary measures as per the directions of the state government of pondicherry and the officials of the state government .....
Tag this Judgment!Court : Chennai
Reported in : (2007)211CTR(Mad)99
..... valuation date is 31.03.2001. no wealth-tax return was filed by the assessee under section 16(1) of the wealth-tax act ('act' in short). the revenue had information to the effect that the assessee having taxable wealth. hence, notice under section 17 was issued to the assessee calling for the wealth-tax return. in response to the notice ..... the revenue submitted that the authorities below failed to note that, in the land at velachery, chennai, there were three magazines (fireworks godown) and when the assessee surrendered explosive licence in respect of one magazine and renewed only in respect of two magazines, the c.w.t.(a) ought to have held that the magazine in respect of ..... . as per the agreement dated 25.05.2001, the purchaser is entitled to enter the land only after the agreement date. further, the assessee has renewed its two explosive licences upto 31.03.2002. merely because one licence was surrendered, that too, after the end of the valuation date, it could not be held that the land .....
Tag this Judgment!Court : Chennai
Reported in : (2007)210CTR(Mad)300; [2007]291ITR83(Mad)
..... deposit from the lessees towards sales-tax on lease rentals to the income of the assessee, pursuant to the order of the commissioner under section 263 of the act, by invoking section 43b of the act, as the same had not been paid to the government. the assessing officer also disallowed the claim of the assessee with regard to the ..... paying it to the government, it also collected further four per cent on the price of the goods as deposit against sales tax, as though the said explosive detonators and safety fuses might be treated as chemicals and as such higher rate of sales tax could be collected by the government. even though the assessing officer ..... .4. mr. t. ravikumar, learned standing counsel appearing on behalf of the revenue, relied upon the decision of this court in commissioner of income-tax v. southern explosives co. : [2000]242itr107(mad) and contended that the assesses having collected the amount to meet its statutory liability towards sales tax proposed to be levied by the state .....
Tag this Judgment!Court : Chennai
Reported in : 2009ACJ198; 2007(4)CTC374; [2007(115)FLR138]
..... of such vehicle or attached thereto except or loss or damage arising directly from fire, explosion, self ignition or lightning or burglary, housebreaking or theft.(b) under section ii except so far as is necessary to meet the requirements of the motor vehicles act, 1988, in respect of liability incurred by the insured arising out of the operation as ..... and agreed not-withstanding anything to the contrary contained in this policy that in respect of the motor vehicle the company shall be under no liability.(a) under section i of this policy in respect of loss or damage resulting from overturning arising out of the operation as a tool of such vehicle or of plant forming ..... that case, since condition no. 37 was specific to the effect that the insurance company shall be under no liability under section ii except so far as is necessary to meet the requirements of the motor vehicles act, 1988 in respect of liability incurred by the insured arising out of the operation as a tool of such vehicle or .....
Tag this Judgment!Court : Chennai
Reported in : (2007)3CompLJ148(Mad); (2007)4MLJ643
..... reliefs. 5. learned counsel for the revision petitioner/first defendant contended that the civil court has no jurisdiction in view of section 111 of the companies act, 1956 which supersedes section 155 of the companies act, 1956 which gave limited power to civil court to deal with the matters concerning transfer of shares effective change in the share ..... as against the former managing director for rendition of accounts is not a matter falling within the provisions of the companies act and it is only the civil court which has jurisdiction. 26. in avanthi explosives p. ltd. v. principal subordinate judge, tirupathi and anr. reported in vol.62 com.cases page 301, it ..... has been held that where the matters pertains to individual rights or where the majority cannot sanction the acts that are challenged, it is an exception of internal .....
Tag this Judgment!Court : Chennai
Reported in : 2008CriLJ898
..... and murugesan were arrested and were remanded to judicial custody in connection with the uthangarai police crime no.1004 of 2002 under sections 120-b r/w 25 of arms act, sections 4 and 5 of explosive substances act. the said murugesan was also added as an accused. again on the same day at about 11.30 a.m., ..... @ venkatesan @ palamisamy were arrested by the police attached to uthangarai police station in crime no. 1005 of 2002 for various offences including the offences under the arms act and explosive substance act. after the occurrence on 24.11.2002, some of the accused, viz., balan, duraisingavel, sundaramoorthy, vijaya @ ramani, chandra, bharathi and yasodha ran away from ..... .08.2007.(iii) in view of the arrest and remand, the investigating officer filed an application on 25.07.2007 under section 167(2) of cr.p.c. and section 49 of the prevention of terrorism act, 2002, (hereinafter referred to as 'pota') seeking for police custody. as already referred, the said application was filed with .....
Tag this Judgment!