Court : Supreme Court of India
Decided on : Nov-28-1989
Reported in : AIR1990SC325; 1989(2)SCALE1168; (1990)1SCC234; [1989]Supp2SCR299
..... the same as that for determining existence of the ground of bona fide need of the landlord for an order of eviction under section 14 of the act, and section 14 is expressly superseded by section 21. this question is, therefore, beyond the scope of the present enquiry.27. the respondent-tenant also contended that the premises ..... this court. s.b. naronah v. prem kumari khanna : [1980]1scr281 is the first decision on the point which deals comprehensively with the scope of section 21 of the act. krishna iyer j. speaking for the bench said as follows :parliament was presumably keen on maximising accommodation available for letting, realising the scarcity crises. one ..... untenable and beyond the scope of the controller's power to examine validity of his earlier permission before directing restoration of possession to the landlord under section 21 of the act.13. in short, the scope of enquiry before the controller when validity of the permission granted by him is assailed is to determine whether, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-1989
Reported in : AIR1990SC556; 1990(26)ECC189; 1989(2)SCALE1189; (1990)1SCC184; [1989]Supp2SCR293
..... , animal husbandry or forest as specified in the schedule to the act. on its plain meaning, therefore, only such produce as is specified in the schedule to the act shall fall within the term 'agricultural produce'. section 38 of the act confers power on the state government, by notification, to add to the schedule any other item of ..... produce within the meaning of the said term as defined under section 2(a) of the punjab agricultural produce markets act (1961) (hereinafter referred to as the act) so as to attract the provisions of the said act to it. the term 'agricultural produce' according to its definition contained under section 2(a) of the act means all produce, whether processed or not, of agricultural, horticulture .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-1989
Reported in : AIR1990SC294; 1989(2)SCALE1181; (1990)1SCC318; [1989]Supp2SCR314
..... notification containing particulars of the lands surrendered by the petitioner and the compensation payable therefor in the andhra pradesh gazette on 7.7.71 according to section 11 of the act.10. instead of paying the compensation as determined, the district revenue officer mahboobnagar issued a notice dated 21.3.72 proposing to revise the ..... the petitioner.8. thereafter the petitioner filed an application before the revenue divisional officer for fixation of compensation in respect of lands surrendered by her under section 10 of the act. the revenue divisional officer fixed the compensation of rs. 6,44,265.09 in respect of lands surrendered by her.9. the revenue divisional officer ..... the declaration. thereafter he died in 1969 leaving behind the petitioner and three minor children.4. the revenue divisional officer held an enquiry under section 6 of the act and by his order dated 25.1.71 he held that the petitioner's husband legal representatives were holding 29.72 family holdings in excess .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-28-1989
Reported in : 1991CriLJ42
..... shows that it was only on 8-7-1987 that the magistrate perused documents and held that they disclose offence triable exclusively by the sessions court. he, therefore, acted under section 209 cr. p.c. and committed the case to the sessions court directing the applicant to appear before the said court on 23-7-1987. these proceedings, therefore ..... clarify that even the applicant did not think that a question of limitation was involved in the case. there is no provision in the criminal procedure code like section 3 of the limitation act casting an obligation on the court to consider the question of limitation even if it had not been set as a defence which indicates that it is ..... the learned judge in the impugned order dated 24-2-1988. according to the learned sessions judge the period of limitation for offence punishable under section 6 of the act, was three years as prescribed under section 488(2)(c) cr. p.c. and therefore, there was delay of 9 days in filing the charge sheet. the learned judge, .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-1989
Reported in : 1990(26)ECC183
..... annexure 'f' proposing to revoke the approval and demand short-levy of 2% duty ad valorem. this notice was issued invoking the proviso to section 11a of the central excise act, which permits initiation of action within five years from the relevant date, on the ground of fraud, wilful misstatement and suppression of facts and the ..... the relevant period. the learned counsel also sought to support the findings recorded by the assistance collector relying upon the provisions of section 2(f) and 4(c) of the central excises and salt act, 1944, i.e., the definition of 'manufacture' and the definition of 'related person'. the contention of the learned counsel ..... available with the department at all relevant point of time.19. therefore, on these facts, the department could not have invoked the extended period of limitation under section 11a proviso. the conclusion of the first respondent that m/s. garware paints limited, bombay are the deemed manufacturers and as a consequence, their selling price .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-1989
Reported in : AIR1990SC298; [1990(60)FLR229]; JT1989(4)SC436; 1990LabIC316; (1990)IILLJ452SC; 1989(2)SCALE1164; 1990Supp(1)SCC152; [1989]Supp2SCR323; 1990(1)SLJ35(SC)
..... automatic and the entire working is also automatic. they have got a separate pest control section for cleaning and sweeping. sweepers of pest control section are not used for cleaning machines which is done only by the so, ssos, jpos and dairy mates. this further goes to show that ..... on behalf of the respondent mainly criticising the report with regard to the pay-scales recommended to the mates deployed in transport (distribution section). it was contended that the mates working in the said section constituted 60% of the total number of mates deployed in the different units of the scheme, and their work merely consisted of loading ..... saxena has stated that there are 5 milk paste risers and 2 cream paste risers in the plant unit of process section. there are also two chillers in r.s.m. there are 13 machines in the product section. all these machines can be operated only by skilled workers. he further stated that the bottle filling plant is .....
Tag this Judgment!Court : Chennai
Decided on : Nov-28-1989
Reported in : (1990)1MLJ516
..... swadeshi cotton mills v. union of india : [1981]2scr533 although the majority held that the expression that immediate action is necessary in section 18aa(1)(a) of the industries (development and regulation) act, 1951, does not exclude absolutely, by necessary implication the application of the audi alteram partem rule, chinnappa reddy, j. dissented with ..... and associated cement companies ltd. v. t.c. srivastava : (1984)iillj105sc , apart from article 311 prior to its amendment by the constitution (forty-second amendment) act, 1976, it is not necessary either under the ordinary law of the land or under industrial law to give a second opportunity to show cause against the penalty proposed ..... of the enquiry officer are correct and accepted the same. it is also stated in the counter affidavit that in view of the gravity of the acts of misconduct committed by the petitioner and proved at the domestic enquiry, the disciplinary authority took the decision to impose on the petitioner the punishment .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-28-1989
Reported in : (1990)(29)ECC280
..... ltd., thane, respectively, the assistant collector has classified the aforesaid products of the appellants under item 68 of the central excise tariff. an application under section 35e(2) of the central excises & salt act in form e.a.-2 was filed for the revenue before the collector of central excise (appeals), bombay against the aforesaid order-in-original no. ..... dr for the respondent.shri tamhane has argued that the five-member bench of this tribunal classified silicone oil in primary form under chapter 39 of the customs tariff act, 1975 and for cv duty under item 15a of the central excise tariff in respect of imported silicone oil. it was observed by the tribunal that silicones ..... may be put in preparation, compounds etc., when it was imported it was a silicone fluid and must be assessed accordingly under chapter 39 of the customs tariff act/item 15a of central excise tariff. shri tamhane has stated that the tribunal's decisions on the silicone oil were in favour of the revenue. he has .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-28-1989
Reported in : (1990)(31)LC453Tri(Delhi)
..... karnataka cement pipe factory v. supdt. of central excise , where it was decided that the words 'as being subject to a duty of excise' appearing in section 2(d) of the act are only descriptive of the goods and not to the actual levy. "excisable goods", it was held, do not become non-excisable goods merely by the reason ..... mill or homogenizer. the tribunal held that conversion of silicone oil into silicone emulsion after mixing with water and emulsifier amounted to manufacture within the mean ing of section 2(f) of the act. in the case of brooke bond india ltd. v. union of india and ors. , not cited by either of the parties before us, the hon' ..... ble andhra pradesh high court held that the process of mixing chicory powder with coffee powder constituted manufacture as defined in section 2(f) of the central excises and salt act as it brought into existence a new and different article commercially known as "french coffee". it was held therein that the "coffee chicory mixture" .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-27-1989
Reported in : [1990]184ITR7(Bom)
..... by the indian company are also not on record. such material could have thrown some light as to the nature of the transactions18. clause (i) of sub-section (1) of section 9 of the income-tax act, 1962, reads as under :'9. income deemed to accrue or arise in india, - (1) the following incomes shall be deemed to accrue or arise in india ..... into british india must be an integral part of the transaction. that is the ratio of the decision of the federal court with regard to the construction of section 42(1) of the act.'20. we will. therefore, proceed on the basis that the second and third parts of the clause are not really independent of each other.21. the first important ..... has power to disregard the corporate entity if it is used for tax evasion or to circumvent tax obligation.'32. further, the court analysed section 42(1) of the 1993 act corresponding to section 9(1)(i) of this act and drew the ratio of the federal court judgment in a. h. wadia's case [1949] 17 itr 63 (page 614 of 63 itr .....
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