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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: supreme court of india Year: 1989 Page 2 of about 183 results (0.135 seconds)

Jan 19 1989 (SC)

Janta Machine Tools Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Jan-19-1989

Reported in : AIR1989SC979; JT1989(1)SC165; 1989(1)SCALE191; 1989Supp(1)SCC281; [1989]1SCR273; [1989]73STC55(SC); 1989(1)LC465(SC)

..... this unit is eligible to get exemption from sales tax/inter state sales tax...with effect from date of production commencement for 5-6-7 years under section 4-a of the sales tax act vide g.o. no. 8244-bha/l8-l 1-231(a) bha/39, dated4. the difficulty in the appellant's way appears to have been created ..... tax in respect of the goods manufactured by it in terms of a notification issued by the state government on 30.9.1982 under section 4a of the uttar pradesh sales tax act, 1948 (hereinafter called the 'act'). this application was rejected by a division level committee by an order dated 9.2.1987 and a further review application was also dismissed ..... denial of the exemption, which it claims it is entitled to, the appellant has preferred this appeal.section 4a of the act reads as under:4-a. exemption from sales tax of certain goods for specified period-(1) notwithstanding anything contained in section 3 or section 3-a, where the state government is of the opinion that it is necessary so to do .....

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Jan 23 1989 (FN)

Argentine Rep. Vs. Amerada Hess

Court : US Supreme Court

Decided on : Jan-23-1989

..... agreements to which the united states [was] a party at the time of the enactment of this act[,] a foreign state shall be immune from the jurisdiction of the courts of the united states and of the states except as provided in sections 1605 to 1607 of this chapter." the fsia also added 1330(a) to title 28; it provides ..... of action for foreign corporations to recover compensation from foreign states in united states courts. cf. head money cases, 112 u. s. 580 , 112 u. s. 598 -599 (1884); foster v. neilson, 2 pet. 253, 27 u. s. 314 (1829). nor do we see how a foreign state can waive its immunity under 1605(a)(1) by signing ..... the president announced that the united states would henceforth recognize a territorial sea of 12 nautical miles. see presidential proclamation no. 6928, 54 fed.reg. 777 (1989). [ footnote 9 ] section 1605(a)(2) provides, in pertinent part, that foreign states shall not be immune from the jurisdiction of united states courts in cases "in which the action is based . . . .....

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Jan 24 1989 (SC)

Gujarat Water Supply and Sewerage Board Vs. Unique Erectors (Gujarat) ...

Court : Supreme Court of India

Decided on : Jan-24-1989

Reported in : AIR1989SC973; 1990(1)ARBLR299(SC); [1989]1CompCas389(SC); (1988)2GLR464; JT1989(1)SC285; 1989(1)SCALE170; (1989)1SCC532; [1989]1SCR318; 1989(1)LC452(SC)

..... ,8.1981 till 21.8.1984 (which has been worked out at rs. 29,82,443). however, in exercise of our powers under section 3 of the interest act, 1978 and section 29 of the arbitration act, 1940, we direct that the above principal sum or the unpaid part thereof should carry interest at the same rate from the date of ..... decree).14. having regard to the position in law emerging from the decision of this court in executive engineer (irrigation) balimela and ors. (supra) and section 29 of the arbitration act, 1940 and section 34 of the cpc, we would modify the grant of interest in this case. the arbitrator has directed interest to be paid at 17% per annum from ..... of the alleged disputes to the arbitrator under clause 30 of the agreement. on or about 8th july, 1981 the respondent no. 1 gave notice under section 8 of the arbitration act, 1940 (hereinafter called 'the act') calling upon the petitioner to concur in the appointment of : one shri g.g. vaidhya. on 21st july, 1981, he withdrew the civil suit .....

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Jan 27 1989 (SC)

R.B. Shreeram Durga Prasad and Fatechand Nursing Das Vs. Settlement Co ...

Court : Supreme Court of India

Decided on : Jan-27-1989

Reported in : AIR1989SC1038; (1989)75CTR(SC)187; [1989]176ITR169(SC); JT1989(1)SC234; 1989(1)SCALE247; (1989)1SCC628; [1989]1SCR335

..... giving an opportunity of hearing to the appellant. that application was pending. in the meantime, as mentioned hereinbefore, on 1st april, 1979, the finance act, 1979 inserted sub-section (ia) to section 245(d) which empowered the settlement commission to over rule the objections of the commissioner. on 29th may, 1979 the appellant applied to the settlement ..... had recommended this step.4. it appears that on 12th august, 1977 the commissioner of income-tax objected to the proposal of the appellant under section 245d(1) of the act. the commissioner objected to the settlement for the years 1948-49 to 1959-60, but agreed to the settlement for later years. the commissioner, it ..... to the settlement commission to have the case settled and any such application shall be disposed of in the manner hereinafter provided.sub-sections (2) and (3) of section 245c of the act are not relevant for our present purpose.3. the application made by the appellant was a composite one for settlement of his assessments .....

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Jan 31 1989 (SC)

Mohan Meakins Breweries Ltd., Daliganj, Lucknow Vs. Controller of Weig ...

Court : Supreme Court of India

Decided on : Jan-31-1989

Reported in : AIR1989SC959; JT1989(1)SC253; 1989(1)SCALE201; (1989)2SCC405; [1989]1SCR375; 1989(1)LC552(SC)

..... , published in u.p. gazette, part i, dated 26th august, 1961, page 1537.in exercise of the powers conferred by sub-section (3) of section 1 of the uttar pradesh weights and measures (enforcement) act, 1959 (u.p. act no. v of 1959), the governor of uttar pradesh is pleased to appoint the first day of october, 1961, as the date ..... that unless the storage vats are used in transaction for trade and commerce the provisions of the act would not be attracted. in order to appreciate the contention, we would briefly refer to the relevant provisions of the act.4. section 7 of the act imposes prohibition on use of weights and measures other than standard weights and measures. it provides ..... on which the provisions of the said act shall come into force in the whole of uttar pradesh in respect of:(a) .....

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Jan 31 1989 (SC)

Bhor Industries Ltd., Bombay Vs. Collector of Central Excise, Bombay

Court : Supreme Court of India

Decided on : Jan-31-1989

Reported in : AIR1989SC1153; 1989(40)ELT280(SC); [1990]184ITR129(SC); JT1989(1)SC450; 1989(1)SCALE226; (1989)1SCC602; [1989]1SCR382; [1989]73STC145(SC); 1989(1)LC503(SC)

..... there should be manufacture of goods. the goods being articles which are known to those who are dealing in the market having their identity as such. section 3 of the act enjoins that there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which ..... production or manufacture of goods produced or manufactured within the country. this court again in in re the bill to amend section 20 of the sea customs act, 1878 and section 3 of the central excises and salt act, : [1964]3scr787 of the report referring to the aforesaid observations of the judicial committee reiterated that taxable event in the ..... are produced or 'manufactured' in india. 'excisable goods' under section 2d of the act means goods specified in the schedule to the central tariff act, 1985 as being subject to a duty of excise and includes salt. therefore, it is necessary, in a case like this, .....

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Feb 01 1989 (SC)

Abdulla Kabir Vs. Md. Nasiruddin

Court : Supreme Court of India

Decided on : Feb-01-1989

Reported in : AIR1989SC931; JT1989(1)SC216; 1989(1)SCALE207; (1989)2SCC361; [1989]1SCR396; 1989(1)LC704(SC)

..... has been made wrongly in as much as the high court did not take notice of the amended provision of the west bengal non-agricultural tenancy act, 1949 amended by act 8 of 1974. section 2(4)(a) defines non-agricultural land as land used for purposes not connected with agriculture or horticulture but does not include a homestead to ..... non-agricultural use as evident from the r.s. record of rights. the land is non-agricultural land and as such the application for pre-emption under section 8 of the said act was not maintainable. the misc. case was therefore, dismissed.4. against the said judgment and order, misc. appeal no. 84 of 1980 was filed by ..... is non-agricultural land. but we have held hereinbefore that the land being homestead of an agriculturist is agricultural land. therefore, the amended provision of section 3-a of the said act does not require consideration in the instant appeal in the background of the facts and circumstances of the case and the issues involved herein. the submission .....

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Feb 01 1989 (SC)

State of Tamil Nadu Vs. Shakti Estate, Tamil Nadu

Court : Supreme Court of India

Decided on : Feb-01-1989

Reported in : AIR1989SC945; JT1989(1)SC191; 1989(1)SCALE252; (1989)1SCC636; [1989]1SCR408; [1989]73STC209(SC); 1989(1)LC571(SC)

..... any transaction' in connection with or incidental or ancillary to the business of coffee plantation and would therefore, fall within the definition of 'business' under section 2(d) of the act.we agree.12. three decisions of this court were also referred to by counsel. state v. burmah shell 1973 stc 426 and district controller of stores ..... of spontaneous growth in a plantation. but that decision clearly turned on the specific language of the definition of 'dealer' contained in section 2(viii)(e) of the kerala general sales tax act, 1963, and does not lay down any general proposition as contended for on behalf of the assessees.14. for the reasons discussed ..... ,6. the answer to the question posed depends on the interpretation of the expressions 'dealer' and 'business', as defined under the tamil nadu general sales tax act. these definitions read thus:business includes:(i) any trade, or commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether .....

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Feb 02 1989 (SC)

Shah Phoolchand Lalchand Vs. Parvathi Bai

Court : Supreme Court of India

Decided on : Feb-02-1989

Reported in : AIR1989SC865; JT1989(1)SC224; 1989(1)SCALE243; (1989)1SCC556; [1989]1SCR417; 1989(1)LC542(SC)

..... held this ground established and passed a decree for eviction as sought by the respondents. the appellants preferred an appeal against this decision to the appellate authority under section 23 of the said rent act, being the court of small causes at madras. the said appeal was numbered as h.r.a. 156 of 1979. the appellate authority dismissed the said appeal ..... the said m/s adeshwar glass mart and were liable to be evicted for unlawful subletting under the provision of section 10(2)(ii)(a) of the tamil nadu buildings (lease and rent control) act 1960 (hereinafter referred to as 'the said rent act') m/s. adeshwar glass mart were also joined by the respondent herein as respondents in the eviction petition on .....

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Feb 03 1989 (SC)

State of Tamil Nadu Vs. Mahi Traders and ors.

Court : Supreme Court of India

Decided on : Feb-03-1989

Reported in : AIR1989SC1167; 1989(22)ECC1; 1989(23)LC193(SC); 1989(40)ELT266(SC); JT1989(1)SC196; 1989(1)SCALE267; (1989)1SCC724; [1989]1SCR445; [1989]73STC228(SC); 1989(1)LC593(SC)

..... the high court on this point has been reported as mahi traders v. state of tamil nadu : (1980) 45 s.t.c. 327.3. the relevant entry in section 14 of the cst act reads:14(1)(iii) hides and skins, whether in a raw or dressed state.the short case of the department is : (a) that leather splits or cuttings are ..... of getting leather of uniform thickness from dressed skins. such splits cannot be treated as dressed hides and declared goods. the expression 'raw or dressed skin' in section 14 of the central sales tax act has a distinct connotation and it cannot be extended to leather bits obtained in a process. these splits are of much lesser value and cannot be equated ..... finishing touches.5. we have heard learned counsel on both sides at length and come to the conclusion that the assessees are entitled to the benefit of sections 14 and 15 of the cst act in respect of the two items in question. as far as the first item is concerned, it is common ground that leather splits are nothing but cut .....

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