Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2006 Page 59 of about 612 results (0.517 seconds)

New India Assurance Company and anr. Vs. Roopabai W/O Shankar Indasrao ...

Court : Mumbai

Reported in : III(2006)ACC897; 2006(4)ALLMR698; 2006(6)BomCR868; 2006(3)MhLj519

..... the first time, at the time of arguments, it was contended that the liability was limited to rs. 50,000/- in view of the provisions of section 95(2) of motor vehicles act. as the insurance company had neither pleaded nor proved that its liability was in fact limited to rs. 50,000/ only and not more, the learned ..... in the vehicle is not necessary and the public liability continues till the transferor discharges the statutory obligation under sections 29-a and 31 read with section 94 of the act. till he complies with the requirement of section 31 of the act the public liability will not cease and that constitutes the insurable interest to keep the policy alive in respect ..... and negligent driving of the driver and the insurance company was also not liable to indemnify him. secondly, he urged that as per the provisions of section 95(2) prior to amendment in motor vehicles act, 1939 w.e.f. 1-10-1982, the total liability of the insurance company was limited to rs. 50,000/-. by the said amendment .....

In Re: Pharmaceutical Products of India Ltd.

Court : Mumbai

Reported in : [2006]131CompCas747(Bom); (2006)5CompLJ282(Bom); [2006]70SCL93(Bom)

..... with the provisions of this scheme, after the assets have been appropriately dealt with in accordance with the scheme of arrangement with the secured creditors under section 391 of the companies act, 1956.5. method and mode of paying consideration :5.1 as full and final consideration and in full settlement of all dues, overdrafts, borrowings, ..... of over 3/4ths in value and in number.12. the petitioner-company has thereafter approached this court by way of present petitions under section 391 of the companies act, 1956 for sanction with or without modification of the arrangement embodied in the respective schemes of arrangements and for declaration that the same is ..... the case of sharp industries ltd., in re decided on november 17, 2005 being company petition no. 460 of 2005, which was also under section 391 of the companies act for a scheme of compromise/arrangement between the said company and its secured/unsecured creditors and equity share holders. after considering the exposition of this .....

Tanajirao Rangrao Patil and anr. Vs. Kolhapur Agricultural Produce Mar ...

Court : Mumbai

Reported in : 2007(3)BomCR509; 2006(4)MhLj97

..... of which committee is established.10. right to vote to the members of the agricultural produce marketing committee was given generally to all by section 13 of the act. during the working of the act in the past several years it was observed that some of the persons belonging to some of the categories need not have a voting ..... is treating equals as unequals. consequently it violates the provisions of article 14 of the constitution. the contention in nutshell being that all categories mentioned in section 13(1) of the act are members of the marketing committee and therefore are equals. keeping voting rights in relation to some and taking away in relation to some others is ..... we have to consider the position as it stands today. we must see the scheme of the act and the reason for which a committee is established under section 13 of the act. we have already noted the object of the act and it is to regulate marketing of agricultural produce in notified market area. a management committee of .....

Shree Precoated Steel Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... in july, 95. to weigh the goods outside the factory as their own weigh bridge was not functioning they had also been granted the permission under section 65 of the customs act for the entire factory premises to be a bonded area. the alleged unaccounted coils were detected consequent to a visit of anti evasion directorate officer on ..... judgment of the madras high court in the case of b. lakshmichand, 1983 elt 322, wherein the court held that non mention of particular clause of section 1 of the customs act vitiated the show cause notice.(c) as regards the revenue's contention that the decision of the tribunal in the case of bhilai conductors was contrary ..... penalty could be imposed for the mere default in complying with the statute." in this regard, it was submitted that since the appellant had complied with the provisions of sub-section (b) of rule 173q(1) by accounting for the seized goods, the only other provision of rule 173q(1) under which confiscation could have been ordered was clause .....

Zee Telefilms Ltd. and Star India Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(110)ECC582

..... no clarity. this would be a reasonable cause for non-payment of service tax. (ii) section 80 of the finance act 1944 provides that notwithstanding anything containing in the penal provisions of section 76, section 77, section 78 and section 79 no penalty shall be imposable on the assessee for any failure referred to in the ..... tax is not sustainable on merits & limitations, hence no interest is recoverable. further, recovery of interest is ordered under section 75 of the finance act, 1944. at the relevant time the section read as: section 75 - every person responsible for collecting service tax and paving it to the credit of the central government in accordance with ..... of advertisements and includes an advertising consultant. (e) to a client, by an advertising agency in relation to advertisements in any manner. (iii) section 67 of the act defines value of taxable services for charging service tax, as under: (d) in relation to service provided by an advertising agency to a client shall .....

Clariant (India) Ltd. Vs. Ccex

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... law has undergone a change with effect from 1.7.2000 requiring excise valuation to be done according to transaction value of the goods under assessment. section 4(1) of the central excise act, 1944 (cea) stipulates transaction value to be adopted in a case where goods are sold for delivery at the time and place of removal. in ..... from the factory, but are merely transferred to the depot. we are concerned here with those goods which are sold from the depot after repacking into smaller packages. under section 4(3)(c)(iii) "place of removal" is defined to mean a depot from where excisable goods are sold after clearance from the factory. since depot is a ..... original no. 69/th-iii/rrb/2001-02 by following the judgment of savita chemicals. (v) the commissioner of central excise, thane-i in exercise of power under section 35e directed the deputy commissioner to make an application to commissioner of central excise (a) on the grounds, that the place of removal includes depot from where goods are .....

Pacific Refractories Ltd. Vs. SteIn Heurtey India Projects Pvt. Ltd.

Court : Mumbai

Reported in : AIR2006Bom231; 2006(4)BomCR311; 2006(3)MhLj438

..... (21) was incorporated as once such clause, the parties are bound by the contract. the contract had not been pleaded to be void and being opposed to section 23 of the contract act. as seen, clause (21) is unambiguous and explicit and that, therefore, the parties having agreed to vest the jurisdiction of the court situated within the territorial ..... by clause 11 it would not absolutely oust the jurisdiction of the court and, therefore, would not be void against public policy and would not violate sections 23 and 28 of the contract act. the question then is whether it can be construed to have excluded the jurisdiction of, the court at salem. in the clause 'any dispute ..... as between themselves, the agreement would be valid. if such a contract is clear, unambiguous and explicit and not vague, it is not hit by sections 23 and 28 of the contract act. this cannot be understood as parties contacting against the statute. mercantile law and practice permit such agreements.6. in this view of the law and .....

Vijay Bhav and ors. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(108)ECC147

..... redemption of the confiscated diamonds, we have also taken into consideration the fact that shri hiralal jain consistently said during recording of the statement under section 108 of the said act that he had purchased forged licences through shri gautam bagri in lieu of huge payment, the ld.commissioner does not accept his explanation as seen ..... to be reduced. the higher penalties are no way justified from the case point of view and it should not be a substitute for redemption fine under section 125 of customs act, 1962, as per the following decisions:h.c.l. ltd. v. cc, calcutta 13. therefore, in the light of aforesaid discussion, i find ..... reduction in penalties imposed by learned commissioner in the impugned order has to be examined. i) shri. hiralal jain has consistently in his statements recorded under section 108 of the customs act stated that he has purchased forged licenses through shri. gautam bagari. ii) the ld. commissioner did not accept the explanation given by shri. hiralal jain .....

Bento De Souza Egypsy (Dr.) and ors. Vs. Yvetter Alvares Colaco Alias ...

Court : Mumbai

Reported in : 2006(3)ALLMR195; 2006(2)BomCR465

..... the lessee is entitled to be put in possession of the property and as such is a transfer of the land and a license in terms of section 52 of the indian easement act gives only a right to use a property in a particular way or under certain terms while it remains in possession of the owner thereof and the ..... during drafting can camouflage the real intention of the parties and further stated that thee is a marked distinction between a lease and license in terms of section 105 of the transfer of property act as a transfer of a right to enjoy such property made for a certain time in consideration for a price paid or promised and in terms of ..... of the decree it then would have certainly enjoyed the protection provided to a tenant or lessee under the decree and after its repeal by section 59 of the rent act by the protective provisions of the rent act itself for it must be understood that as far as the buildings are concerned protective provisions of the said decree stands repealed (though the .....

Commissioner of Central Excise Vs. Urison Cosmetics Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(108)ECC175

..... such packs are required to be valued on the basis of maximum retail price (mrp) under section 4a of the central excise act, 1944 (cea) whereas respondents "argue that they have correctly valued the goods under section 1 of cea as section 4a does not apply to such goods. section 4a. valuation of excisable goods with reference to retail sale price.- (1) the central government ..... required, under the provisions of the standards of weights and measures act, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail sale price of such goods, to which the provisions of sub-section (2) shall apply. (2) where the goods specified under sub .....