Court : Supreme Court of India
Decided on : Jan-15-2003
Reported in : AIR2003SC986; 2003(85)ECC696; 2003(152)ELT3(SC); JT2003(1)SC428; 2003(1)SCALE340; (2003)2SCC371; [2003]1SCR372
..... including alcoholic liquors for human consumption;(b) opium, indian hemp and other narcotic drugs and narcotics; and(c) dutiable goods as defined in section 2(c) of the medicinal and toilet preparations (excise duties) act, 1955 (16 of 1955).twelve per cent ad valoremexplanation: - for the purposes of this item, goods which are referred to in any ..... in two or more of the headings of those chapters is to be classified under that heading which corresponds to the principal use of that part of accessory.'26. section xvii deals with vehicles, aircraft, vessels and associated transport equipment. note 2 says that the expression 'parts' and 'parts and accessories' do not apply to the ..... articles mentioned in clauses (a) to (1) thereunder. in clause (b), parts of general use as defined in note 2 to section xv, of base metal (section xv), or similar goods of plastics (chapter 39), are mentioned. this takes us to note 2(a) to chapter xv, which provides that throughout that schedule .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2003
Reported in : AIR2003SC942; 2003(2)ALLMR(SC)319; 2003(1)AWC642(SC); 2003(2)BLJR841; [2003(1)JCR288(SC)]; JT2003(1)SC18; 2003(1)SCALE85; (2003)3SCC128; [2003]1SCR73
..... the property sought to be acquired is not a dispute capable of being adjudicated upon or referred to the civil court for determination either under section 18 or section 30 of the act. the reference made by the collector to the court was wholly without jurisdiction and the civil court ought to have refused to entertain the reference ..... compensation or as to the apportionment of it.22. the two provisions contemplating power of the collector to make reference as contained in section 18 and section 30 of the act need a comparative study. under section 18 the subject-matter of reference can be a dispute as to any one or more of the following: (i) as to ..... available for being invoked by the 'persons interested' if they were neither present nor represented in proceedings before the collector, nor were served with notice under section 12(2) of the act or when they claim on the basis of a title coming into existence post award. the definition of 'person interested' speaks of 'an interest in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2003
Reported in : AIR2003SC791; 2003(1)ALT(Cri)378; 2003CriLJ884; JT2003(1)SC77; 2003(1)SCALE43; (2003)2SCC152; [2003]1SCR38; 2003(1)LC407(SC); 2003(1)WLN722
..... prosecutions were, therefore, directed to be quashed.7. before this court none of the parties has made any submissions regarding the constitutional validity of section 19 of the act and, therefore, we are not called upon to express any opinion thereon. the only submission made before this court on behalf of the appellant state ..... the manifestation of this rule is to be found contained in section 26 of the general clauses act, 1897. section 300 of the code of criminal procedure, 1973 and section 71 of the indian penal code. section 26 of the general clauses act provides--'where an act or omission constitutes an offence under two or more enactments then the ..... apte and anr., : 1961crilj725 , the constitution bench held that the trial and conviction of the accused under section 409 ipc did not bar the trial and conviction for an offence under section 105 of insurance act because the two were distinct offences constituted or made up of different ingredients though the allegations in the two .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-07-2003
Reported in : AIR2003SC1110; 2003CriLJ1277; JT2003(2)SC95; 2003(1)SCALE7; (2003)2SCC257; [2003]1SCR10; 2003(1)UJ602(SC)
..... nos. 6 and 7 can be held liable for their individual acts of assault committed on sanjay patil.they are the accused nos. 1 to 5 who had ..... the assembly who is sought to be held vicariously liable for the said criminal act. these principles are settled. applying these tests to the facts found proved beyond reasonable doubt the accused nos.1 to 5 can be held liable for the offence under section 302/149 ipc for the assault resulting in death of gopi krishna while accused ..... being fastened vicariously by reference to either clause of section 149 of ipc merely because a criminal act was committed by a member of the assembly every other member thereof would not necessarily become liable for such criminal act. the inference as to likelihood of the commission of the given criminal act must be capable of being held to be within .....
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