Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: mumbai Year: 2006 Page 7 of about 612 results (0.047 seconds)

Sushant T. Karwarkar Vs. Mormugao Port Trust and anr.

Court : Mumbai

Reported in : 2006(3)ALLMR493; 2006(2)BomCR915; [2006(110)FLR905]

..... the same being contrary to law cannot create any legal right in favour of the petitioner/s and, therefore, the petition is liable to be dismissed.13. section 4(1)(b) of the act provides that all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done, with or for the dock ..... shall cease to have effect in relation to the major ports with effect from the date specified in the notification. there is no dispute that pursuant to section 3 of the act and as contemplated therein a settlement dated 4-2-1998 was arrived at and in terms thereof and by virtue of notification dated 17-3-1998. and w ..... the mdlb which the respondent m.p.t. is bound to follow. in our view this contention is misplaced. the act does not define the expression obligation which appears in clause (b) of sub-section (1) of section 4 of the act. the expression 'obligation' as per black's law dictionary is a generic word derived from the latin substantive 'obligation' .....

Kay Kay Embroideries Pvt. Ltd. Represented by Mr. Kishore R. Jagasia V ...

Court : Mumbai

Reported in : 2006(3)BomCR66; (2006)IIILLJ824Bom

..... working with the permission of, or under agreement with the employer or contractor; but does not include the members of an employer's family'. section 3(1) of the act empowers the state government to frame a scheme for the purpose of ensuring an adequate supply and full and proper utilization of unprotected workers in ..... other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in this schedule.' section 21 of the act provides that nothing in the act shall affect any rights or privileges, which any registered unprotected worker employed in any scheduled employment is entitled to, on the date ..... . the expression 'scheduled employment', it may be noted, means any employment specified in the schedule to the act or any process or branch of work forming part of such employment (section 2(9)). sub-section (2) of section 3 elaborates various aspects that can be provided for by the scheme. among them, a scheme can provide .....

Antewerpse Diamant Bank N.V. Vs. Kamal and Co.

Court : Mumbai

Reported in : [2007]138CompCas966(Bom)

..... the learned judge was perfectly right in making this observation. if we read the definition of 'bill of exchange payable on demand' as given in section 2(3) of the act it may be somewhat surprising to discover that the expression 'bill of exchange payable on demand' may, literally speaking be quite often a misnomer, for the instruments ..... hundi is made payable on a future stated period or date, the hundi falls within the definition of 'bill of exchange payable on demand', as given in section 2(3) of the act. he took special note of the error committed by the trial judge in not treating the hundi in that case to be a 'bill of exchange payable on ..... merely on the ground that its payment had been postponed to a future date. in this context, the learned judge called special attention to the provisions of section 2(3)(b) of the act and pointed out that the said provisions give an extended meaning to the expression 'bill of exchange payable on demand'. if i may say so with respect .....

Commissioner of Sales Tax Vs. Hari and Company

Court : Mumbai

Reported in : [2006]148STC92(Bom)

..... contract, the state cannot impose sales tax on a works contract simplidter in the guise of the expanded definition found in article 366(29a)(b) read with section 2(n) of the state act.22. mr. joshi, pointed out that the rainbow colour lab case : 2000ecr771(sc) construed making photographic prints as a service contract. mr. joshi, ..... art work and taking out duplicate copies by photocopying. on june 10, 1988 an application was made by the respondents under section 52 of the bombay sales tax act, 1959 read with section 9 of the works contract act to the additional commissioner of sales tax to decide three questions:(i) whether they fall within the ambit of 'dealer' as ..... in the aforesaid builders case : [1989]2scr320 .8. the learned counsel mr. pandit, then relied on the definition of 'sale' as defined in section 2(1)(1) of the works contracts act and contended it to be applicable to a contract of photocopying. as per the aforesaid provision, 'sale' means a transfer of property in goods (whether .....

Vishwanath S/O Parshuram Kuduchkar Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(4)ALLMR531; 2006(3)MhLj817

..... express payment of rs. 9.08 lakhs to the contractors. on the basis of evidence, the inquiry officer found that the docket vouchers were not routed through the technical section for scrutiny. the claims were not verified. there can be one or two instances of overwriting, erasers etc. in the year. in this case, however, there were ..... the matter leniently. misconduct in such cases has to be dealt with iron hands. where a person deals with public money or is engaged in financial transactions or acts in a fiduciary capacity, the highest degree of integrity and trustworthiness is a must and unexceptionable.' in this view of the matter, we are not inclined to interfere ..... or dishonesty in connection with the affairs of the board. (as per sr. no. 14 of schedule 'b' appended to the mseb employees' service regulations no. 86(3). * act of disloyalty to the board. as per sr. no. 15 of schedule 'b' appended to mseb employees service regulation no. 86(3). * breach of rules, regulations, circulars, orders .....

Viacom Electronics Pvt. Ltd., Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... five hundred and ninety two only) as differential duty against m/s. viacom electronics pvt ltd., along with imposition of personal penalty of identical amount under section 11ac of the central excise act, 1944. in addition, an amount of rs. 10,20,000/-(rupees ten lakhs twenty thousand only) stands confirmed against the said applicant by rejecting the ..... the period in question i.e. from 01/06/98 to 01/12/98, television sets was one of the specified goods under the provisions of section 4a was of central excise act, the assessable value was to be determined with reference to the retail sale price declared on the goods in terms of the provisions of the standard weights ..... specific rates prescribed under which clause (ii) of serial no. 229 of the said notification.7. ld. advocate has also argued that once the goods are specified under section 4a and are affixed with maximum retail price, they have to be assessed in terms of the said declaration made. however, on being asked that in an identical .....

Shah Diagnostic Institute Private Limited, a Company Incorporated Unde ...

Court : Mumbai

Reported in : 2006(3)BomCR54; 2008(222)ELT12(Bom); 2006(3)MhLj395

..... the submissions of the learned senior counsel and counsel for the parties.re: contention (a)13. in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962, the central government upon its satisfaction and in the public interest and in supersession of earlier notifications, issued notification no. 279/83 cus ..... and that brought to an end any liability of the petitioners in fulfilling the condition 2(b) of the said notification. according to him, section 6 of the general clauses act has no application.10. in support of his contentions, mr. baya relied upon the judgment of the supreme court in the case of mediwell ..... duty as a right. the normal rule is that every import attracts duty under the customs tariff act unless otherwise exempted by a notification issued by the central government in exercise of power under section 25 of the act and the person claiming exemption certificate should establish that the pre-conditions prescribed under the notification are .....

H.M. Saraiya ors. Vs. Ajanta India Ltd. and anr.

Court : Mumbai

Reported in : 2006(33)PTC4(Bom)

..... that this might lead to confusion or deception though the goods were different. the application for registration was however refused under that section of the english act which corresponds to section 8 of our act on the ground that the opponents, the manufacturers of shoes, had not established a reputation for their trademark among the public. ..... corporation could have straightaway applied for registration of the mark -- without ever using it on its goods in this country under section 14 of the act of 1940 corresponding to section 13 of the act of 1958 as a mark proposed to be used by it in connection with its products. as it happened, however, the ..... that this might lead to confusion or deception though the goods were different. the application for registration was however refused under the section of the english act which corresponds to section 8 of our act on the ground that the opponents, the manufacturers of shoes, had not established a reputation for their trademark among the public.35 .....

Commissioner of Customs Vs. Hewlett Packard India Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(107)ECC49

..... circumstances, that the customs tariff has its own rules for interpretation and if those rules provide guidelines for classification of goods, then the rules will prevail and section 19 of the customs act would not be applicable.this decision was affirmed by the supreme court in 1991 (51) elt a65 (sc) and the same view has been taken ..... its order dated 11.6.2003 , held that both items are classifiable separately under the headings claimed by the importers, but held that by virtue of section 19 of the customs act, 1962, the value of software is includible in the value of the printer. this order was challenged by the importers before the hon'ble bombay high ..... .8. the next issue to be addressed is the correct classification of printer driver software. section 12 of the customs act provides for levy of duty of customs on goods imported into india at the rates specified under the customs tariff act, 1975, section 2 of which provides that the rates at which duties of customs shall be levied under .....

The Oriental Construction Co. Vs. Commissioner of Cen. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(105)ECC400

..... in this notification shall apply to sandal wood oil. explanation - in this notification, the expression 'factory' has the meaning assigned to it in clause (m) of section 2 of the factories act, 1948 (63) of 1948.) 2. this notification shall come into force with effect from the 1st day of april, 1981]. [notification no. 46/81-c. ..... excise duty under the said notification issued in the context of the tariff item 68. the first schedule which contained tariff 68 was omitted by section 4 of the central excise tariff act, 1985. the ratio of the decision in aruna industries and all other decisions which have followed it has to be viewed in the background ..... 81-ce., dated 1.3.1981 which granted exemption from the whole of the excise duty to the goods other than manufactured in "factory" as defined in section 2(m) of the factories act which were relevant for the decision in aruna industries (supra) are reproduced below: "all other goods, not elsewhere specified, manufactured in a factory hut excluding .....