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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2006 Page 95 of about 5,322 results (0.189 seconds)

Oct 31 2006 (HC)

Mohd. Abbas Ali Vs. Masood BIn Mohd. Al Khaili and anr.

Court : Andhra Pradesh

Decided on : Oct-31-2006

Reported in : 2007(1)ALT164

..... manner amongst the courts and the units within the state.13. apart from the specific provision for appointment of interim receiver by insolvency courts, under section 56 of the said act, there is a specific provision to appoint a receiver for the property of the insolvent at the time of order of adjudication and thereupon such ..... property shall vest in such receiver. similarly under section 57 of the said act, the government is conferred with ample power to appoint official receivers within such local limits as it may be described and he shall be the ..... every order appointing a receiver or an interim receiver unless otherwise directs.14. the powers and duties of the receiver are also amply defined under sections 58 and 59 of the said act, which are very germane and confer heavier responsibility in the administration of property and its distribution.15. in the aforesaid districts, where no .....

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Oct 31 2006 (SC)

Craft Interiors Pvt. Ltd. Vs. Commissioner of Central Excise, Bangalor ...

Court : Supreme Court of India

Decided on : Oct-31-2006

Reported in : 2006(112)ECC616; 2006LC616(SC); 2006(203)ELT529(SC); JT2006(9)SC491; 2006(11)SCALE78; 2006(2)LC1428(SC)

markandey katju, j.1. these appeals have been filed under section 35l(b) of the central excise act, 1944 against the impugned order of the customs excise and service tax appellate tribunal (hereinafter referred to as 'the tribunal'), south zone bench, bangalore dated 10.5.2005.heard learned ..... and not furniture, and hence were not subject to the levy of excise duty.in this connection we may refer to chapter sub-heading 9403 of the central excise tariff act, 1985 which reads as under:other furniture and parts thereof 6. learned counsel for the appellants submits that the word 'furniture' means objects which are moveable and are complete before .....

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Oct 31 2006 (HC)

A. Srinivasa Babu Vs. Deputy Commercial Tax Officer, Panrutti (Rural) ...

Court : Chennai

Decided on : Oct-31-2006

Reported in : (2009)20VST358(Mad)

..... not fall within the definition of 'sale' would not be exigible to tax. the amendment incorporated in sub-section (2) to section 6a of the act was not available to fasten the liability on the basis of the fiction created in the above said provision during the relevant period. though certain discrepancies ..... local sale as well as transferring the stock of oil to its agents in other states. the petitioner claimed exemption under section 6a of the central sales tax act, 1956 by filing form f declaration prescribed under the act. it has also furnished other particulars as per the prescribed form f like, mode of despatch, proof of despatch, etc ..... , in this case, for rejection.4. now, the law is well-settled that section 6a of the central sales tax act, although provides for a burden of proof, the same has to be read in the context of section 6 of the said act. section 6 provides for liability to pay tax on inter-state sale. any transaction which does .....

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Oct 31 2006 (HC)

Guguloth Swarupa and ors. Vs. A.P.S.R.T.C. Rep. by Its Managing Direct ...

Court : Andhra Pradesh

Decided on : Oct-31-2006

Reported in : 2007ACJ2222; 2006(6)ALD703; 2006(6)ALT457; [2007(112)FLR890]

..... is liable to pay compensation to his workman when he sustains personal injury by accident which arose out of and in the course of his employment. section 3 of the w.c. act created the liability in that domain. of course, the conduct of the workman in relation to that accident may affect his entitlement to compensation in certain ..... cannot be disbelieved. he further submitted that the tribunal below erred in appreciating the provisions under section 140 of the m.v. act. he stated that the claimants can file claim petition either under the m.v. act or under the w.c. act and the tribunal below erred in holding that the tribunal dealing with motor accident claims cannot deal ..... . at this juncture another question that arises for consideration is whether the deceased can be taken as a 'workman' as per section 2(1)(n) of the w.c. act, since the deceased was employed in state government. a division bench of the kerala high court radhamiony v. secretary, dept. of home affairs 1995 (1) tac 10 (kerala .....

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Oct 31 2006 (HC)

S.Oliver Bernd Freier Gmbh and Co. Kg. Vs. Karni Enterprises and anr.

Court : Delhi

Decided on : Oct-31-2006

Reported in : LC2007(1)28; 2006(33)PTC574(Del)

..... are being violated within the jurisdiction of this hon'ble court. this hon'ble court further has the jurisdiction within the meaning of section 134 of the trade marks act & section 62(2) of the copyright act.6. in reply to paragraph 32 of the plaint, the defendants in paragraph 32 of the written statement have averred that this ..... 10 is concerned, assuming that whatever is stated in the plaint is correct that the plaintiff is selling goods in delhi, section 62(2) of the copyright act, 1957 and section 134(2) of the trade marks act, 1999 would be attracted and it must be assumed that the plaintiff is carrying on business in delhi.22. for all ..... provided no such additional forum, by subsequent amendment the provisions of sub-section (2) of section 134 of the trade marks act, 1999 were brought in pari materia with the provisions of sub-section (2) of section 62 of the copyright act, 1957. sub-section (2) of section 134 of the trade mark act, 1999 is in the following terms:(2) for the purpose of .....

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Oct 31 2006 (SC)

Jaipur Development Authority Vs. Ram Sahai and anr.

Court : Supreme Court of India

Decided on : Oct-31-2006

Reported in : [2006(111)FLR1178]; JT2006(9)SC520; 2006(11)SCALE95; (2006)11SCC684; 2006AIRSCW5963; 2007ILLJ429(SC)

..... wages and he has not completed 240 days, is not in dispute. retrenchment of respondent by appellant, therefore, did not require compliance of the provisions of section 25f of the act. section 25g introduces the rule of 'last come first go'. it is not a rule which is imperative in nature. the said rule would be applicable when ..... he was not in continuous service. he never made any complaint prior to raising any industrial dispute that appellant had not complied with the provisions of section 25g or section 25h of the act.9. the labour court committed a serious error in opining that only because his name was not included in the muster roll of july, 1987 ..... the applicant workman under the respondents/management has not completed one year continuous service according to the definition of one year continuous service as contemplated under section 25(b) of the act. therefore the issue no. 1 is decided in favour of the respondents/management against the applicant. it was further held that the plea of .....

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Oct 31 2006 (HC)

Commissioner of Income Tax Vs. V.C. Kuganathan

Court : Chennai

Decided on : Oct-31-2006

Reported in : [2007]293ITR15(Mad); (2009)20VST835(Mad)

..... in question involved export of goods out of india falling within the sweep of the concept of 'sale' involving clearance at the customs station as contemplated under section 80hhc of the act.in respect of third point, the bombay high court held as follows:reading of the above illustrations in general and clauses (v) and (vi) thereof in ..... 'goods' or 'merchandise'. we, therefore, hold that the beta-cam tape, which has incorporeal rights, is a 'goods' or 'merchandise' for the purposes of section 80hhc of the act.in respect of second point, the bombay high court held as follows:having taken the survey of various provisions, one fails to understand as to why the word ' ..... commissioner of income-tax (appeals). the c.i.t.(a) allowed the appeal and was of the view that the assessee is entitled to the relief under section 80hhc of the act. aggrieved, the revenue filed an appeal to the income-tax appellate tribunal (hereinafter referred to as the 'tribunal'). the tribunal dismissed the revenue's appeal .....

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Oct 31 2006 (SC)

Commnr. Central Excise and Customs, Mumbai and ors. Vs. I.T.C. Ltd. an ...

Court : Supreme Court of India

Decided on : Oct-31-2006

Reported in : 2006(112)ECC592; 2006LC592(SC); 2006(203)ELT532(SC); JT2006(9)SC469; 2006(11)SCALE81; (2007)1SCC62

..... alia on a finding that the same could not have been done during pendency of proceedings for final assessment.appellants are, thus, before us.8. sub-section (1) of section 11-a of the act reads as under:1a. recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded.- (1) when any duty of ..... a short contention in support of this appeal. a provisional assessment being also an order of assessment and keeping in view the purport and object for which section 11-a of the act was enacted and read with the definition of 'relevant date', the jurisdiction thereunder can be invoked even after a provisional assessment is made and before a final ..... is trite, the golden rule of literal interpretation should be applied. the difficulty which may be faced by the revenue is of no consequence. the power under section 11-a of the act can be invoked only when a duty has not been levied or paid or has been short-levied or short-paid. such a proceeding can be initiated within .....

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Oct 31 2006 (TRI)

East India Udyog Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Oct-31-2006

..... ) rules, 2000, as it existed at the relevant time, it was provided that where any excisable goods were sold by the assessee under sub-section (a) of section 4(1) of the act except the circumstances in which the excisable goods were sold for delivery at a place other than the place of removal, then the value of such ..... 11. as regards penalty equal to the amount of duty imposed on the appellant, such order of penalty was warranted by the provisions of rule 173q read with section 11ac of the act. under rule 173q, it is inter-alia, provided that when there is a contravention of the nature referred to in clause (a) or clause (b) or ..... the amounts collected on account of equalized freight and labour & painting charges should have been included in the assessable value, in view of the amended provisions of section 4 of the central excise act, 1944 read with central excise valuation (determination of price of excisable goods) rules, 2000. in reply to the show cause notice, the appellant contended that .....

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Oct 31 2006 (TRI)

Sai Mirra Innopharm Pvt. Ltd. Vs. Commissioner of Central Excise

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

Decided on : Oct-31-2006

Reported in : (2007)(115)ECC211

..... events, human conduct and public and private business it can be presumed that they have interest, directly or indirectly, in the business of each other (refer section 114 of evidence act) - as to when the veil should be lifted will depend upon facts and circumstances of each case.powertech international v. cce, mumbai-ii wherein it ..... aspect as we find the demand not sustainable on merits.67. the orders cover demand for a period before and after 1.7.2000, when section 4 of the central excise act was replaced with new provisions. but the provisions governing definition of "related person" were not disturbed during the material period. therefore, the entire demand ..... we find that the department has not conclusively established that the manufacturer-companies and the buyer company are related persons in terms of section 4(4)(c) of the act to attract proviso (iii) to section 4(1)(a) in determining the assessable value. the department has found the transactions of sale of assets of arl/scpl ( .....

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