Court : Supreme Court of India
Decided on : Nov-29-2006
Reported in : 2007(207)ELT161(SC); 2006(14)SCALE69
..... remitting it to the commissioner. we, however, make it clear that in the facts and circumstances of this case, the extended period of limitation as provided for in section 11ac of the central excise act, 1944, shall not apply.6. we, therefore, set aside the impugned judgment and remit the matter to the commissioner for consideration afresh in the light of the ..... various products including a product called 'domex power cleaner/domex all around home cleaner'. the assessee had been classifying this product under heading 38.08 of the central excise tariff act as a disinfectant. the claim of the revenue, however, is that the aforesaid product is liable to be classified under the central excise tariff heading 34.02. the question, therefore .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-29-2006
Reported in : 2007CriLJ774; 2006(13)SCALE463; 2006AIRSCW6424; (2007)1Crimes223(SC).
..... s.b. sinha, j.1. accused no. 1 premnarain and accused no. 3-jagdish before the trial court are before us against the judgment of conviction and sentence passed under section 304 (ii) of the i.p.c whereby they were sentenced to undergo five years rigorous imprisonment.2. accused no. 1, the appellant herein together with accused no. 2 ramcharan, ..... by p.w.3. if p.w .3 watched the entire incident from a close distance, as he claims to be: we fail to reason as to why no overt act was attributed by him so far as accused nos. 2 and 4 are concerned.10. we for the reasons stated aforementioned feel that benefit of doubt should be given to ..... examined after only six weeks. it is not possible for us to arrive at a definite finding by taking aid of section 34 of the indian penal code that appellants herein could be convicted for commission of an offence under section 304(11) but having regard to the fact that both p.w 1 and p.w.3 had made common allegations .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-30-2006
Reported in : 2006(4)ARBLR275(SC); [2007(2)JCR9(SC)]; JT2006(10)SC615; 2006(12)SCALE654
..... light of the said facts, the high court agreed that the court below could not revoke the authority of the arbitrator, which could only be done under section 5 of the arbitration act, with the leave of the court. accordingly, the preliminary objection raised on behalf of the state of kerala that the arbitrator had no authority to continue ..... the award the appellant herein filed o.p. (arb.) 40/89 in the court below under section 17 of the arbitration act for passing a decree in terms of the award. the state of kerala filed a petition under section 30 of the act challenging the award and for setting aside the same. the application filed by the state was dismissed ..... under the force of circumstances, there was no material before the arbitrator in support of such contention. on such finding also, the high court held that the arbitrator had acted beyond his jurisdiction in allowing claim (g).10. the award of the arbitrator against claim (i) also met the same fate and the high court held that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... require coking coal, others would require only non-coking coal. 71. the necessity of having a fixed price of coal is supported by sub-section (3) of section 9 of the mmrd act, 1957 wherein it was provided that the rate of royalty shall not be revised within three years. [see air 1996 sc 2560]. the period ..... parts of the world but e-auction, which has a different concept, cannot be equated therewith.coal is an essential commodity in terms of section 3(1) of the essential commodities act. colliery control order was made, inter alia, for securing equitable distribution and availability of higher price of essential commodity. the coal companies as ..... coal mines and coal mines were subjected to nationalization in terms of coking coal mines (nationalization) act, 1972 (for short, 'the 1972 act) and the coal mines (nationalization) act, 1973 (for short, 'the 1973 act'). the said acts, as would appear from section 2 thereof, were enacted with a view to give effect to the provisions of article 39(b .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : AIR2007SC519; 2007(1)ALLMR(SC)918; [2007(112)FLR865]; 2006(13)SCALE195; (2007)1SCC491; 2007(3)SLJ88(SC); 2007AIRSCW58; 2007-I-LLJ801(SC)
..... of 22 years, it was impracticable to reinstate respondent no.1 as a probationer. 29. it is also pertinent to mention section 2(oo) of the industrial disputes act. section 2(oo) of the i.d.act, 1947 states that,2. (oo) 'retrenchment' means the termination by the employer of the service of a workman for ..... educational institutions, whether the said institutions are imparting primary, secondary, graduate or postgraduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work ..... is no scope for putting the clock back or for an anticlockwise operation. once the conclusion is reached that retrenchment as defined in section 2(oo) of the industrial disputes act covers every case of termination of service except those which have been embodied in the definition, discharge from employment or termination of service .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : AIR2007SC819; 2007(1)ALLMR(SC)476; 2007(1)KLT151(SC); 2006(13)SCALE208; (2007)2SCC365; 2007AIRSCW531; 2007(3)KCCRSN105;
..... each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.section 57 of the act, however, provides for a penal provision for adulteration of liquor by a licenced vendor or manufacturer, in the following terms:57. for adulteration etc. by licensed ..... ultra vires. the learned single judge, however, did not consider it necessary to go into the question of interpretation of the two penal provisions viz. section 56(b) and section 57(a) of the act. the criminal proceedings as against the licensee were quashed. in an intra-court appeal, the division bench, however, upheld the validity of rule 9( ..... or ingredient of toddy, only because percentage of ethyl alcohol found to be more, it would not amount to addition of a foreign ingredient as envisaged under section 57(a) of the act. it was, therefore, held:in the result, the challenge against the vires of rule 9(2) of the abkari shops (disposal in auction) rules, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : 2007CriLJ798; [2007(2)JCR263(SC)]; 2006(12)SCALE635; 2006(3)ShimLC398; 2006AIRSCW6216; (2007)2Crimes74(SC)
..... persons having common intention are deemed to be guilty is that the presence of accomplices gives encouragement, support and protection to the person actually committing an act. for attracting the provisions of section 34 ipc, the physical presence of the accused at the place of occurrence need not be proved. he may not be present on the actual scene ..... some difference in the medical opinions of pw- 17 and pw-11 would help the cause of appellant.9. section 34 of the indian penal code provides for a vicarious liability. it reads as under:section 34. when a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable ..... for that act in the same manner as it were done by him alone. before a person can be held liable for acts done by another, under the said provision .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-2006
Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300
..... for and appellant should be held entitled only to the balance amount. what would, thus, be the meaning of the word 'possession' under sub-section (2) of section 60 of the marine insurance act read with clause 13 of the policy? it is not the case of any of the parties that appellant was given actual possession of the goods ..... to contracts of insurance and clause 5 of the insurance policy even after reading the entire policy in the present case should be construed against the insurer.section 60 of the marine insurance act defines 'constructive total loss' in the following terms:60. constructive total loss defined.--(1) subject to any express provision in the policy, there is ..... in the affirmative.so far as issue no. 2(b) is concerned, the learned judge noticed the definition of 'constructive total loss' as contained in section 60 of the marine insurance act, 1963 and opined:there is no 'express provisions' to the contrary in the said policy and as such it cannot be disputed that there has been .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-2006
Reported in : 2006(13)SCALE33; (2007)1SCC174
..... citizenship rules, 1956 shall refer to the tribunal the question whether a person of indian origin complies with any of the requirements under sub-section (3) of section 6a of the citizenship act, 1955 (57 of 1955).(3) the tribunal shall consist of such number of persons having judicial experience as the central government may ..... be any doubt whatsoever that such subordinate legislation must be framed strictly in consonance with the legislative intent as reflected in the rule-making power contained in section 62 of the act. in bombay dyeing & mfg. co. ltd. v. bombay environmental action group and ors. , this court has stated the law in the following ..... (for short 'the 1964 order').4. subsequent to the said decision, instead of implementing the directions therein, the central government in exercise of its power under section 3 of the 1946 act made an order known as 'the foreigners (tribunal) amendment order, 2006' (for short 'the 2006 order'), which was published in the official gazette dated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-2006
Reported in : 2007CriLJ1181; JT2007(1)SC290; 2006(13)SCALE174; 2007AIRSCW189; (2007)2SCC(Cri)581; (2007)1Crimes215(SC); 2007LawHerald(SC)110; 2007(1)KCCRSN29.
..... even at one to three ft. moreover, these signs may be absent when the weapon is pressed tightly against the skin of the body, as the gases of the explosion and the flame smoke and particles of gunpowder will all follow the track of the bullet in the body. wetting of the skin or clothes by rain reduces the ..... appellants are before us questioning the judgment and order dated 11.3.1999 passed in criminal appeal no.2824 of 1980, whereby and whereunder their conviction and sentence under section 302 read with section 149 of the indian penal code, 1860 ('ipc', for short) and other provisions have been upheld. 2. the incident resulting in death of one hazarilal and smt ..... held to be a member of an unlawful assembly, it must be shown that he had committed some illegal overt act or had been guilty of some illegal omission in pursuance of the common object of the assembly. in fact, section 149 makes it clear that if an offence is committed by any member of an unlawful assembly in prosecution of .....
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