Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC481; 1989(2)SCALE873; 1989Supp(2)SCC481; [1989]Supp1SCR615; 1990(1)LC260(SC)
..... dealt with further under the act, the board may be called upon to submit its report along with the scheme for consideration of this court ..... which has suddenly gone sick. learned attorney general states that in the meantime sick industrial companies (special provisions) act, 1985 which received assent of the president on 8th january, 1986 has come into force and a board in terms of section 4 thereof has now been constituted. he suggests that a reference may be made to that board and the ..... board may be called upon to frame the scheme as contemplated under section 18 of the act for revival of the company and instead of allowing the scheme to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC495; I(1990)BC52(SC); [1990(60)FLR29]; JT1989(4)SC306; 1990LabIC136; 1989(2)SCALE901; 1989Supp(2)SCC424; 1990(1)LC186(SC); (1990)1UPLBEC418
..... by the industrial tribunal (ii), lucknow, dated 12.12 1988 in acj case no. 1 of 1987. the following question was referred to the tribunal under section 4-k of the u.p. industrial disputes act, 1947 :whether denial of pay-scale of rs. 150-250 w.e.f. 1.4.1971 and rs. 280-450 w.e.f. 1.8.1972 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC763; JT1989(4)SC357; 1989(2)SCALE914; 1989Supp(2)SCC465; 1989(1)SCR576(Supp)
..... the previous sarpanch is a beneficiary from the impugned order and has chosen not to taken steps to have the scheme impugned by filing a revision under section 42 of the act. the gram panchayat, being a juristic person, could not by itself except through the executive authority take any action against the scheme prepared by the ..... one through the revenue department and the other through the cooperative department but the progress of consolidation was very slow and lengthy and the act sought to remedy those defects. section 19 of the act provides for publication of draft scheme and on such publication any person likely to be affected by such scheme, shall, within 30 days ..... for petitions filed against orders passes. there is no reference in the rules to a scheme prepared or confirmed or repartition made. the fact that in section 42 of the act the words 'scheme prepared or confirmed or repartition made' have been added as a result of amendment, cannot justify the conclusion that in rule 18 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC383; JT1989(4)SC207; 1989(2)SCALE877; 1989Supp(2)SCC547; [1989]Supp1SCR591
..... 'guidelines' for it to be able to process the plans.3. however, by communication dated 18.2.1987, the ndmc in exercise of power under section 193(3) of the punjab municipal act, 1911, rejected the plans, assigning 28 reasons for the rejection. on 14.5.1987, the architect of first-respondent claiming to have subsequently complied with ..... for zone d-l (viz. connaught place area) approved by the central government on 30th april 1966 in no. 21023(7)66 ud under section 9(2) of the delhi development act 1957.we have heard sri kapil sibal learned senior advocate for the ndmc and sri nariman and sri soli j. sorabjee learned senior advocate for the ..... accommodation. on 7.1.1987 the appellant forwarded the revised-plans to the delhi urban art commission (duac) in compliance with the requirements of section 12 of the delhi urban art commission act 1973 which envisages that, notwithstanding anything contained in any other law for the time being in force, every local body shall, before according approval .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1989
Reported in : AIR1990SC374; 1990(25)ECC181; 1989(25)LC457(SC); JT1989(4)SC137; (1989)4SCC759; [1989]Supp1SCR479; 1990(1)LC241(SC)
..... of the cigarettes for the purpose of excise duty. the learned chief justice further observed that the condition for applicability of the inclusive definition of 'value' in section 4(4)(d)(i) of the act is that the goods are delivered at the time of removal 'in a packed condition' and where this condition is satisfied, the 'value' of the ..... to say, the packing in which the article is contained and in which it is made marketable for the ordinary consumer, must be regarded as falling within section 4(4)(d)(i) of the act. there is often, as in this case, secondary packing which consists of larger cartons in which a standard number of primary cartons (in the sense ..... by the assessee upto the date of delivery under the aforesaid heads cannot, on the same grounds, be deducted. this court further observed that the new section 4(4)(d)(i) of the act has made express provision for including the cost of packing in the determination of 'value' for the purpose of excise duty. the packing, of which the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1989
Reported in : 1989(44)ELT185(SC); 1989(2)SCALE849; (1989)4SCC759a
..... of the cigarettes for the purpose of excise duty. the learned chief justice further observed that the condition for applicability of the inclusive definition of 'value' in section 4(4)(d)(i) of the act is that the goods are delivered at the time of removal 'in a condition' and where this condition is satisfied, the 'value' of the goods would ..... to say, the packing in which the article is contained and in which it is made marketable for the ordinary consumer, must be regarded as falling within section 4(4)(d)(i) of the act, there is often, as in this case, secondary packing which consists of larger cartons in which a standard number of primary cartons (in the sense ..... by the assesses upto the date of delivery under the aforesaid heads cannot on the same grounds, be leducted. this court further observed that the new section 4(4)(d)(i) of he act has made express provision for including the cost of packing in he determination of 'value' for the purpose of excise duty. the packing of which the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1989
Reported in : 1990(25)ECC171; 1989(44)ELT194(SC); 1989(2)SCALE830; 1989Supp(2)SCC532; [1989]Supp1SCR495
..... jurisdiction in confiscating the goods and imposing penalty for the first time in exercise of his revisional jurisdiction under section 130(2) of the act, in view of the provisions of section 122 read with section 124 of the act, the collector of customs has the jurisdiction to confiscate goods or impose penalty after issuing show cause notice ..... the order of the customs officer allowing the goods to be cleared by the appellant and. thereafter, in exercise of his original jurisdiction under section 122 read with section 124 of the act, he issued a show cause notice on the appellant and, after hearing the appellant, confiscated the goods and imposed penalty on the appellant. ..... dated november 14, 1979 that the confiscation was made and the penalties imposed by the collector of customs in exercise of his revisional power under section 130(2) of the act. this, in our opinion, is a mere irregularity not affecting the order. admittedly, the collector of customs had the power to confiscate the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1989
Reported in : AIR1990SC781; [1991]188ITR402(SC); JT1989(4)SC229; 1989(2)SCALE982; (1990)2SCC71; [1989]Supp1SCR510; [1990]76STC71(SC)
..... constitution; and thirdly, whether the said provision is violative of article 301 of the constitution. it was contended on behalf of the appellant that section 13aa of the act is a charging section and imposes a charge of an additional rate of 2% in the rupee if the following conditions laid down therein are satisfied : (i) ..... in the state of punjab. purchase-tax was introduced in the state of punjab for the first time by the east punjab general sales tax (amendment) act, 1958. section 2(ff) was introduced for the first time to define the expression 'purchase'. the definition of the term 'dealer' was changed to include therein a ..... the haryana legislature intervened and enacted the haryana general sales tax (amendment & validation) act, 1983 by which section 9 of the principal act was amended as follows;-amendment of section 9 of haryana act 20 of 1973 -- in section 9 of the principal act,-(a) in sub-section (1), -(i) for clause (b), the following clause shall be substituted and shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-1989
Reported in : AIR1990SC670; 1990(38)BLJR619; I(1990)DMC45SC; (1990)2GLR797; JT1989(4)SC163; 1990MPLJ44(SC); 1989(2)SCALE866; 1989Supp(2)SCC450; [1989]Supp1SCR464
..... in the properties, devolved on the appellant on her mother's remarriage and she got a hindu woman's estate therein which ripened in full ownership under section 14(1) of the hindu succession act. she is thus entitled to a decree for half share in the suit properties, as prayed for by way of an alternative relief in the plaint. ..... observed earlier the properties belonged to the joint family of which bhiku was a coparcener. on his death in 1942 his wife parvati got under section 3(2) of the hindu women's rights to property act, 1937, the same interest as bhiku had in the joint family properties. if a partition had taken place bhiku would have got half share ..... of the suit properties along with mesne profits. now, it was the turn of the defendants to question the decree of the first appellate court before the high court under section 100 of the cpc. after considering a number of privy council and supreme court decisions, the high court ruled that a hindu widow's power to adopt is revived the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-06-1989
Reported in : AIR1990SC231; 1990CriLJ584; JT1989(4)SC95; 1989(2)SCALE731; (1990)1SCC35; [1989]Supp1SCR420
..... '-(1) 'from interfering with the efforts of government in coping with the terrorists and disruptive activities', was inserted.28. we find that while sub-section (2) of section 3 of the act before the amendment of 1984 provided that the central government and the state government may if satisfied with respect to any person that with a view ..... with preventive detention has made specific provision for confirmation and continuance of detention in view of the constitutional mandate in article 22(4). in this case, section 11 of the act prescribes 5 months 3 weeks. unless the board has made a report to the effect that there is a sufficient cause for such detention within that ..... but when it advises in favour of the detenu, namely, that there was no sufficient cause for detention, it would be binding upon the government under section 12(2) of the act to release the detenu forthwith. the detenu in this case did not have that opportunity to show that there was no sufficient cause for his detention. .....
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