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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2006 Page 86 of about 5,322 results (0.214 seconds)

Nov 07 2006 (TRI)

Commissioner of C. Ex. Vs. Flair Filtration (P) Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Nov-07-2006

..... admittedly a customs work which, being a part of loading of the goods, was covered by the aforesaid provision of law. the central excise superintendent attending to the customs work acted as a customs officer. however, he was supervising the work in his normal place of work only. i also find that working hours has been also defined in customs ..... ld. commissioner (appeals) is without any basis. it is seen that the regulation of customs (fees for rendering services by customs officers) regulations, 1998 was framed under the provisions of sections 157 and 158 of customs act, 1962. it would mean that any appeal or any dispute arising would be definitely covered under the provisions of the customs ..... act, 1962.the appeal filed by the respondent before the commissioner (appeals) was correct and ld. commissioner (appeals) was within his powers to hear and dispose the said appeal.6. .....

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Nov 07 2006 (TRI)

Burren Energy India Ltd. and anr. Vs. Securities and Exchange Board of ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Nov-07-2006

..... 1997 (hereinafter referred to as the regulations) is the short question that arises for our consideration in this appeal filed under section 15t of the securities and exchange board of india act, 1992 (for brevity the act) which is directed against the order of the adjudicating officer dated 25.8.2006 imposing a penalty of rs.25 lacs ..... particularly the minority shareholders of the target company. the board in its wisdom, therefore, imposed a restriction that during the offer period the acquirer or any person acting in concert with him shall not be on the board of directors of the target company. when the regulation was amended in the year 2002 the board ..... and these may first be noticed.2. burren energy india ltd. (hereinafter called burren) was incorporated in december 2004 as a private limited company under the companies act, 1985 of england and wales with its registered office in london. this company was formed to acquire the entire equity share capital of unocal bharat limited (for .....

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Nov 07 2006 (TRI)

India Switch Company Pvt. Ltd. Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on : Nov-07-2006

Reported in : (2007)8STJ454CESTAT(Chennai)

..... stand reduced to around rs. 65 lakhs.3. we have also considered the plea of limitation. it is seen that the show-cause notices invoked section 73 of the finance act, 1994 for demanding service tax for the extended period. learned counsel has not been able to establish that the larger period was wrongly invoked.5. ..... tax. hence this letter does not appear to support the appellants, for the present purpose. from the definition of "banking and other financial services" appearing in section 65 of the finance act, 1994, it appears to us that 'equipment leasing' provided by any body corporate is a taxable service. admittedly, the appellants are a body corporate and ..... 830/- on the ground that the services rendered by them during the said period were in the nature of "banking and other financial services" defined under section 65(11) of the above act. this provision reads as under: 65 (11) "banking and other financial services" means, the following services provided by a banking company or a .....

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Nov 07 2006 (TRI)

Jcb India Ltd. Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Nov-07-2006

Reported in : (2006)(110)ECC478

..... of the exemption notification made on 16-12-02 issued under section 93(1) of the finance act, 1994, ordering payment of interest on the said amount, imposing penalty of rs. 500/-under section 75a of the act, and penalty of rs. 100/- for every day under section 76 of the act not exceeding the amount of service tax amount payable, imposing ..... transfer of technology, from so much of the service tax leviable thereon under section 66 of the said act, as is equivalent to the amount of cess paid on the said transfer of technology under the provisions of section 3 of the research and development cess act.admittedly, if such cess was not paid, the exemption would not have ..... penalty of rs. 1,000/- under section 77 and imposing penalty of rs. 73,47,984/- under section 78 of the act, the appellant seeks interim stay of .....

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Nov 06 2006 (HC)

Narra Subhas Chandra Bose Vs. State of A.P.

Court : Andhra Pradesh

Decided on : Nov-06-2006

Reported in : 2007(1)ALD774; 2007(2)ALT381

..... 48 cts, in sy.no. 381/2-b of uppaluru village, kankipadu mandal, krishna district. the respondent issued a draft notification under section 4(1) of the land acquisition act 1894 ('the principal act') on 11.6.2006 proposing acquisition of this land for the purpose of providing house sites to members of scheduled castes, scheduled tribes and ..... by the learned counsel for the petitioner as it is conceded fairly that the district collector, krishna is competent to issue a draft notification under section 4(1) of the principal act.4. the petitioner however persists with the second contention viz. that the notification is invalid as it was published only in the district gazette ..... or by a necessary implication eclipses or repeals the words 'or the district gazette' in section 4(1) of the principal act as amended by the a.p. act. it must be noticed that the a.p. act and the 1984 act are plenary expressions of legislative will expressed in the context of a concurrent though hierarchical legislative .....

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Nov 06 2006 (HC)

Rekha Kumari Vs. the State of Bihar and ors.

Court : Patna

Decided on : Nov-06-2006

..... any court;(b) no election to any panchayat shall be called in question except by an election petition presented to the prescribed authority under this act.furthermore, section 139 of the act provided the grounds for declaring election to be void by the prescribed authority when the result has been materially affected by the improper acceptance of any ..... jurisdiction such panchayat samiti or zila parishad, as the case may be, is situated. 16. furthermore, so far as the provision of sub-section (2) of section 136 of the new act is concerned, it is quite apparent that only such disqualifications, which are evident on their face and cannot be legally denied and also do not ..... election of the returned candidate is not void.15. the elections in question have been conducted in accordance with the provisions of the new act, sub-sections (1) and (2) of section 139 of which as shown above provided that only the prescribed authority can decide the election of the returned candidate to be void and the .....

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Nov 06 2006 (HC)

Shri Jagannath Pandharinath Rewaskar and Ors. Vs. the Hon'ble Minister ...

Court : Mumbai

Decided on : Nov-06-2006

Reported in : 2007(1)ALLMR183; 2007(2)BomCR124; 2007(1)MhLj771

..... not sufficient to examine the issue in writ jurisdiction. he further urges that no writ can be issued to revive an order which itself is illegal. section 13(3) of mcs act requires recording of reasons for rejecting any amendment an order of registrar does not contain any such reasons. he further states that appellate authority has not ..... directed respondent no. 2 to grant approval to the amendment as proposed and ought to have left said consideration to the discretion of respondent no. 2. section 152 of mcs act does not permit respondent no. 1 to substitute its own view for that of registrar in the matter. it is further argued that respondent no. 1 ..... of affairs to respondent no. 2 by report dated 15/2/2005. 4. respondent no. 2 ultimately on 26/5/2005 passed orders under section 73h read with section 77a(1)(b) of mcs act superseding the executive committee of respondent no. 4 society and appointed administrator. the executive committee challenged it before respondent no. 1 and said order .....

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Nov 06 2006 (HC)

Harsukh Vallabhdas Raja Vs. Collector of Junagadh and ors.

Court : Gujarat

Decided on : Nov-06-2006

Reported in : (2007)1GLR190

..... to be charged therefor.4. shri m.s. shah, learned counsel for the petitioner, submits that sub-section-(2) of section-39 is subject to sub-section (4) of section-39 of the act, which provides that all rules made under section-39 shall be laid for not less than thirty days before the state legislature as soon as possible after ..... fee must be held to be valid. the argument raised by the learned counsel for the state runs contrary to sub-section-(4) of section 39 of the act, which provides that all rules made under section-39 shall be laid for not less than thirty days before the state legislature for its approval or rescission. present is ..... state government cannot gainsay the authority of the state.10. in view of the aforesaid discussion, especially, non-framing of the rules under section 39(2)(b), read with section 39(4), of the act, and the directions issued by the central government, through the archaeological department of the state government, to the upperkot development committee, i .....

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Nov 06 2006 (HC)

A.S. Krishnamurthy and ors. Vs. Central India Spinning, Weaving and Ma ...

Court : Mumbai

Decided on : Nov-06-2006

Reported in : 2007(1)ALLMR601; 2007(2)BomCR147

..... v. national rayon corporation ltd (supra) is considered & distinguished in : air2003bom15 -- s.r. kothari v. south mumbai consumer disputes redressal forum. while considering consumer protection act (68 of 1986), section 30 & expression 'to appear' in rule 4(7) and 8(7) of 2000 rules permitting appearance by opposite party or its authorised agent, it has been held that ..... in a case which was tried by a court subordinate to the high court. the question was answered in the affirmative and reliance was placed upon section 4, legal practitioners' act, which lays down that 'an advocate or vakil enrolled on any high court shall be entitled to practice in all courts subordinate to the court on ..... the position of a supreme court advocate who wants to avail himself of the right of practicing in any high court in india in terms of section 2, supreme court advocates act is he to exercise the right only as a supreme court advocate and in accordance with the rules which the supreme court itself had laid .....

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Nov 06 2006 (TRI)

In Re: Imt Labs (India) (P) Ltd.

Court : Authority for Advance Rulings

Decided on : Nov-06-2006

..... dtaa defines royalty for the assessee-company is using the software developed by him on internet and software is covered under the definition of 'copyright' under section 14 of the copyright act, 1957. section 14(b)(i) defines copyright in the case of a computer programme, to sell or give on commercial rental or offer for sale or for commercial ..... made by the applicant (a resident), to the conversagent (a non resident), are chargeable to tax in india under article 12 of the dtaa as also under section 9 of the act.inasmuch as we have concluded that the periodical paymonts made by the applicant to the conversagent are in the nature of "royalties and fees for mcluded services" ..... remains to be seen is whether the payments being made to the conversagent fall within the meaning of 'royalty' and 'fees for technical services' as defined in section 9(1) of the act: 9. income deemed to accrue or anse in india.-(1) the following incomes shall be deemed to accrue or arise in india- (b) a person who .....

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