Court : Supreme Court of India
Decided on : Aug-28-2003
Reported in : 2003LC129(SC); 2003(157)ELT129(SC)
..... of limitation. but, the mainstay of the appellants argument is a circular which has been issued by the central board of excise and customs (cbec) under section 37b of the act by which the board has issued a clarification in respect of liquid vegetable extracts obtained in the manufacture of ayurvedic medicines. the circular clarified :'that liquid ..... saps and extractslacothernil15%'5. the revenue s contention that the extracts in question were properly classifiable under 1301.90 and duty was leviable on the applicant under the act in respect of the extracts at 15%.6. as far as chapter 30 is concerned it deals with pharmaceutical products. the entry on which reliance has been ..... which have arisen in this appeal, inter alia, are whether the extracts were goods for the purpose of the central excise act and if so, whether they were classifiable under chapter 13 or 30 of the act.2. the appellant carries on its business both in west bengal as well as in uttar pradesh. demands were raised in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-27-2003
Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589
..... appellants did not vest in the government but such a statement was made evidently having regard to the provisions of clause (c) of section 39 of the act read with sub-section (2) of section 59 thereof. such property would vest in the government subject to an order of forfeiture and subject to an order of conviction and sentence ..... a person carrying on a business or occupation or dealing in trophies, animal articles etc. derived from scheduled animals would be, in terms of sub-section (1) of section 49c of the act, entitled to file a declaration disclosing his stocks of ivory imported into india or article made therefrom. once such a declaration is made and in ..... their possession would become illegal, subject, however, to the grant of certificate of ownership by the chief wild life warden in terms of sub-section (3) of section 49c of the said act. it was submitted that a trader cannot claim the entire imported ivory or the articles manufactured therefrom to be necessary for his bona fide .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-27-2003
Reported in : AIR2003SC3828; 2003(2)ALD(Cri)682; 2003(2)ALT(Cri)337; 2003(51)BLJR1851; 2003CriLJ4321; JT2003(7)SC392; 2003(6)SCALE707; (2004)9SCC157; 2004(1)LC3(SC)
..... as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... or in connection with any demand for dowry. (4) such cruelty or harassment was soon before her death. 8. a conjoint reading of section 113b of the evidence act and section 304b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has ..... because there was no evidence to show that soon before deceased committed suicide, there was any cruelty or torture. according to him section 113b of the indian evidence act, 1872 (for short 'evidence act') has no application because the prosecution has failed to prove that 'soon before her death' the victim was subjected to such cruelty .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-26-2003
Reported in : AIR2003SC3669; (2003)4CompLJ377(SC); 106(2003)DLT181(SC); JT2003(8)SC278; (2003)3MLJ204(SC); 2003(6)SCALE685; (2003)7SCC301
..... though probate or letters of administration have been granted.9. dda is a creature of the statute. the aims and objects of delhi development act, 1957 are contained in section 6 of the act. it reads: '6. the objects of the authority shall be to promote and secure the development of delhi according to plan and ..... and generally to do anything necessary or expedient for purposes of such development and for purpose incidental thereto: provided that save as provided in this act nothing contained in this act shall be construed as authorising the disregard by the authority of any law for the time being in force.' 10. the rationale behind the ..... parties, came to the conclusion that since the petitioner (respondent herein) had obtained the letters of administration in accordance with the procedure prescribed under the indian succession act, 1925, the question as to what considerations prevailed upon the deceased ram dhan to bequeath his plot to the respondent herein is irrelevant. the high court was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-2003
Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344
..... court, tribunal or any authority cannot be curtailed, whittled down or circumscribed, in any manner, by any of the provisions contained in the trade act of the year 1984. section 62-c, which seems to have been completely overlooked by the high court, clinches the issue and dissuade any such construction. there is also ..... the courts and the bar to exercise jurisdiction shall operate on all such courts.(2) nothing in sub-section (1) shall affect the power saved under section 61.13. section 52-d, inserted by section 6 of the amendment act, empowers the officers enumerated therein to enter, inspect, search and seize in the following terms:-'52-d. ..... .1991. on 11.3.1991, the divisional forest officer, chatra south division, the authored officer, as per notification dated 2.1.1991 under section 5 of the bihar amendment act, 1990, informed the additional chief judicial magistrate regarding initiation of action. the range officer was said to have submitted prosecution report against the respondents .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2003
Reported in : AIR2003SC4427; 2003(2)ALD(Cri)651; 2003CriLJ5021; 106(2003)DLT70(SC); JT2003(Suppl1)SC200; 2003(6)SCALE652; (2003)8SCC461
..... life sentence can be imposed.47. no infirmity could be pointed out regarding conviction and/or sentence for offences relatable to section 3(4) of tada act or section 14 of foreigners act. accordingly, they are maintained.48. the criminal law adheres in general to the principle of proportionality in prescribing liability according ..... the appeal filed by the accused appellants, mr. m.n. krishnamani, learned senior counsel submitted that use of the statements recorded under section 15 of the tada act was impermissible as the statements cannot be called voluntary statements, free from any coercion or threat or undue influence. it was further submitted ..... choose to come to india. however, placing reliance on the prosecution version substantiated to a great extent by the confessional statements recorded under section 15 of the tada act, and amongst other corroboration provided by recoveries of arms and ammunitions, the accused appellants were found guilty and sentenced as afore-mentioned.10. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2003
Reported in : AIR2003SC3673; 106(2003)DLT604(SC); JT2003(9)SC269; (2003)IIILLJ827SC; 2003(6)SCALE774; (2003)11SCC590; 2004(1)SLJ319(SC); (2004)2UPLBEC1187
..... various railway stations had been working continuously at the concerned railway stations and the work is of a perennial nature and requirements of section 10 of the contract labour (regulation and abolition) act, 1970 have been satisfied. similar direction was issued by this court on 27.04.1998 in writ petition no. 176 of 1995 ..... handling northern railway is permanent and perennial in nature and sufficient to keep all the parcel porters engaged continuously, and the requirements of section 10 of the contract labour (regulation and abolition) act, 1970 had been satisfied and the petitioner parcel porters were working continuously for long years without any break in service.9. according ..... filed opposition to the report of the labour commissioner. it is stated therein that the railways came to know about the report only through the central agency section on 08.05.2000 and more surprisingly, the report dated 18.01.2000 appears to have been submitted before this court in the same week itself but .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2003
Reported in : JT2003(7)SC419; 2003(6)SCALE757; (2003)8SCC224; 2003(2)LC1488(SC)
..... if others involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under section 302, read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real ..... punishment other than death, the reason why sentence of death was not passed had to be stated in the judgment. after the amendment of section 367(5) of the old code by act 26 of 1955, it is not correct to hold that the normal penalty of imprisonment for life cannot be awarded in the absence of extenuating ..... situations and the reactions and choose the appropriate sentence to be imposed.29. it should be borne in mind that before the amendment of section 367(5) of the old code, by the criminal procedure code (amendment) act, 195 (26 of 1955) which came into force on 1.1.1956, on a conviction for an offence punishable with death, if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2003
Reported in : AIR2003SC3682; 2003(2)ALD(Cri)694; 2003CriLJ4898; JT2003(7)SC351; 2003(6)SCALE514; (2003)10SCC108
..... alleged only against a1, a2, a3, a4, a6, a7 and a24 in committing the aforesaid acts.'10. based on this finding the trial court convicted the said accused of an offence punishable under section 302 read with section 149 among some other offences.11. from the above finding of the trial court, we notice that the members of ..... the unlawful assembly were identified by their individual overt acts and not by their mere presence. on this basis, according to ..... to establish the common intention of several persons to attract section 34 of the ipc the following two fundamental facts have to be established - (i) common intention (ii) participation of the accused in commission of the offences. if the above two ingredients are satisfied even overt act on the part of some of the persons sharing in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2003
Reported in : AIR2003SC3688; 2003(4)ALLMR(SC)736; 2003(3)ARBLR133(SC); 2003(3)BLJR1907; [2004]120CompCas54(SC); [2003(4)JCR185(SC)]; JT2003(7)SC605; 2003(6)SCALE592; (2003)7SCC418; [2004
..... with the justice effectively. it was, in that situation, held by this court as under:'this is a case of removal of a named arbitrator under section 5 of the act which gives jurisdiction to the court to revoke the authority of the arbitrator. when the parties entered into the contract, the parties knew the terms of the ..... impugned judgment insofar as they held that clause 60 of the agreement does not constitute an arbitration agreement as the same satisfies the definition thereof as contained in section 2(a) of the act, insofar as it contains the following essential elements of an arbitration agreement, namely, (a) the agreement is in writing; (b) the agreement is to ..... bench, ranchi, in misc. appeal no. 176 of 1995 (r) dismissing an appeal preferred by the appellants herein purported to be in terms of section 39(1)(i) of the arbitration act, 1940 ('the act' for short), against an order dated 11.9.1995 passed by the subordinate judge-vi, ranchi, allowing arbitration (misc.) case no. 39 of 1995 .....
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