Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Sorted by: old Page 89 of about 45,156 results (0.128 seconds)

Kasvikis Spiridon and ors. Vs. Collector of Customs

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

Reported in : (1985)(5)LC2177Tri(Chennai)

..... was anchored within the port limits and there is a specific provision of section 13 of the foreign exchange regulations act about prohibition and restriction that applies to goods which are not taken out of the vessel.13. ..... to the master and chief purser calling upon them as to why the currency should not be confiscated under section 111 (d) and (f) of the customs act, 1962 read with section 13 (1) of the foreign exchange regulations act, 1973 (fera).they were also called upon to explain why a penalty should not be imposed under section 112 of the act. ..... and ii mate, remantos hristos and bosun, athanasiou georges were called upon to explain as to why a penalty should not be imposed on them under section 112 of the act for aiding and abetting the chief purser and the master of the vessel. ..... the customs frontier, illegal importation is complete and any person concerned with the illegally imported goods thereafter would not be covered by section 167(8) of the sea customs act, 1878.however, section 112 (b) makes specific provision in respect of such goods. ..... is a violation under section 11 of the customs act, 1962 thus attracting the provisions of section 111 of the act regarding confiscation and hence section 112 regarding imposition ..... it was also stated that in terms of section 43 (1) of the act the vessel is exempted from filing any import manifest; the collector held that the exemption under section 43(1) is confined to a vehicle, which is used as a conveyance on land and hence did .....

JainudIn Kabir Bagdadi Vs. Union of India and Others

Court : Delhi

Reported in : 31(1987)DLT2

..... 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, with a view to preventing him from abetting the smuggling of goods. ..... it is worth noting that it was shri chougule who as duly authorised officer acted on behalf of state of maharashtra in passing the detention order. ..... in para 16 of the affidavit of shri chougule he specifically says that the crewmen were employees of abdul latif solkar and abbas yusuf mujawar and, thereforee, 'they had to act according to the say of their owner. ..... 9(1) of the act as amended by act no. ..... 3(1) of the act must be held to be vitiated. ..... 3(1) of the act stands vitiated. ..... 3(1) of the act stands vitiated on account of non-application of mind which is apparent on a reading of some of the grounds of detention served on the petitioner. ..... 9 of the act and to contend that the declaration was not validly made or that circumstances did not exist warranting the making of such a declaration. ..... 8 of the act and art. ..... 9(1) of the act was not served on the petitioner soon after it was made and thereby the petitioner's statutory and constitutional rights envisaged by s. ..... 9(1) of the act. .....

JainudIn Kabir Bagdadi Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 1985CriLJ1378

..... passed under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, with a view to preventing him from ..... reasons given by the petitioner in support of f his challenge to the detention are that the declaration under section 9(1) of the act was not served on the petitioner soon after it was made and thereby the petitioner's statutory and constitutional rights envisaged by section 8 of the act and article 22(5) of the constitution have been violated for the petitioner had a right to make a representation with regard to the ..... declaration purporting to have been made under section 9 of the act and to contend that the declaration was not validly made or that circumstances did not exist warranting ..... raised by the petitioner which is a fresh ground of challenge is that the satisfaction postulated by section 3(1) of the act stands vitiated ; on account of non-application of mind which is apparent on a reading of some of the grounds ..... no material to come to the conclusion that the two trawlers were to be manned by the petitioner's men as crew members then the satisfaction envisaged by section 3(1) of the act stands vitiated, the fact that men is an important element to come to a conclusion one way or another. .....

Metropolitan Life Ins. Co. Vs. Ward

Court : US Supreme Court

..... these precedents do not answer the question posed by this case: whether a legislature may adopt differential tax treatment of domestic and foreign insurers not simply to raise additional revenue, but with the purpose of affecting the market as an "instrument of economic and social ..... the court has held in the dormant commerce clause context that a state may provide subsidies or rebates to domestic, but not to foreign, enterprises if it rationally believes that the former contribute to the state's welfare in ways that the latter do not. ..... alabama does not tax at a higher rate solely on the basis of residence; it taxes insurers, domestic as well as foreign, who do not maintain a principal place of business or substantial assets in alabama, based on conceded distinctions in the contributions of these insurers as a class to the state's ..... next, the majority asserts that "a state may not constitutionally favor its own residents by taxing foreign corporations at a higher rate solely because of their residence," citing cases that rejected discriminatory ad valorem property taxes, page ..... the validity of the view that a state may not constitutionally favor its own residents by taxing foreign corporations at a higher rate solely because of their residence is confirmed by a long line of this court's ..... recognized that differentially taxing foreign insurers to promote a local insurance industry was a legitimate state purpose completely consonant with congress' purpose in the mccarran-ferguson act. .....

Heera Nand Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1985(2)WLN272

..... the grievance of the petitioner-appellant is that an auction of wholesale and retail-off shops for indian-made foreign liquor for the financial year 1985-86, was held on 13th march, 1985, for the districts of sawaimadhopur and ..... learned counsel for the petitioner-appellant contended that requirement of such a solvency-certificate was not a pre-requisite condition for taking part in the bids as mentioned in any of the provisions of the rajasthan excise act, the excise rules or the foreign liquor rules. ..... , an argument was raised before us by the learned counsel for the appellant that there was no requirement of any proforma, contained in the provisions of the rajasthan excise act or the rules, but, no such plea was taken in the writ petition. ..... such procedure was adopted for verifying the financial status of the bidders, it cannot be said that such act or procedure adopted by the excise authorities, was beyond their powers.11. mr. ..... rule 4(i)(e) of the rajasthan foreign liquor (grant of wholesale and retail off-licences) rules, 1982 (here in after, for short, 'the foreign liquor rules') provides as under:(e) the presiding officer shall, in accepting or rejecting the bids, exercise his discretion in such manner as to exclude bids which are the result of speculation or unhealthy rivalry or disproportionate with reference to ..... 4(i)(e) of the foreign liquor rules coupled with condition ..... /-, it cannot be said that the auctioning-authority acted in a malafide manner or beyond its authority. .....

Atul Products Ltd. Vs. Union of India and Others

Court : Mumbai

Reported in : 1986(1)BomCR572; 1985(22)ELT714(Bom); 1986MhLJ554

..... the learned judge in terms distinguished the provisions of this rule from the provisions of section 27(1) of the customs act and held that the wording of rule 26 was totally different from the wording of section 27(1) of the customs act and distinguished that section by saying that there was no provision under section 27(1) for refund in case the recovery is through inadvertence, error, mis-construction or miss ..... where parliament confers on an administrative tribunal or authority, as distinct from a court of law, power to decide particular questions defined by the act conferring the power, parliament intends to confine that power to answering the question as it has been so defined; and if there has been any doubt as to what that question is, this is a matter for courts of law to resolve in fulfilment ..... held that if the levy of central excise was totally without jurisdiction and outside the provisions of section 4 of the central excises and salt act the bar of limitation prescribed under rule 11 of the central excise rules was not applicable. ..... was again a case where the levy of octroi duty under the bombay municipal corporation act on glass ampoules brought into bombay by the petitioners was under consideration. ..... the case of orders passed by the customs authorities which are without jurisdiction provisions of section 27(1) cannot be attracted because the act of levying duty in such a case is totally without any authority of law. ..... foreign compensation commission 1969 (2) .....

Orient Middle East Lines Ltd. and anr. Vs. Brace Transport Corporation ...

Court : Gujarat

Reported in : AIR1986Guj62; (1986)1GLR77

..... any such question in the present case but i am referring to this decision of the supreme court because it was submitted before the supreme court that looking to the purpose and object behind enacting the foreign awards act, 1961, viz to give effect to the convention, section 3 must be construed as contemplating even a case where there was only an arbitration agreement, in force between the parties but where there was no actual reference to arbitration and ..... the learned single judge of the delhi high court referred to the corresponding provisions of the arbitration act, 1940 (indian statute) and those of the foreign awards act, 1961 and also those of the arbitration (protocol and convention) act, 1937 which was the act in force for enforcement of foreign awards prior to the coming into force of the foreign awards act, 1961 because the application by judging wunsche was filed alternatively under the corresponding provisions of the above said ..... bearing on the question under consideration and as such decisions on similar or analogous provisions contained in the arbitration act may not help in deciding the issue arising under the foreign awards act because just as the arbitration act, 1940 is a consolidating enactment governing all domestic awards the foreign awards act constitutes a complete code by itself providing for all possible contingencies in relation to foreign awards made pursuant to agreements to which article ii of the convention applies,'these observations, at the first .....

ishwar Ramchandra Gidwani and Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1986)(7)LC39Tri(Mum.)bai

..... completion of the investigation, notices were issued to the two appellants herein as to why the seized foreign currencies should not be confiscated and why personal penalty should not be levied against them. ..... further he was detained under cofeposa and also was prosecuted under section 135 of the customs act and before the magistrate he pleaded guilty and the learned magistrate recorded a conviction and sentenced him to pay a fine of ..... according to shri parmar, on his earlier trips he had brought certain foreign goods from singapore for shri gidwani. ..... among other things, the officers found foreign currency wrapped around a small bundle of agarbathi ..... the fourth trip he returned to india on 6.8.1983 and at that time also he had brought some foreign goods including ready made garments. ..... the officers were able to recover foreign currency equivalent to indian rs. ..... pattekar's contentions were that foreign currency equivalent to rs ..... shri parmar, shri pattekar submitted that admittedly he was attempting to smuggle out of india foreign currency equivalent to rs. ..... not have possessed the foreign currency equivalent fo rs. ..... by shri kher, even if the entire statement of shri parmar is accepted as true, it does not in any way connect shri gidwani with the alleged attempted smuggling of foreign currency.14. ..... of contention is that the appellant shri gidwani is in no way concerned with the attempted smuggling of the foreign currency. ..... /-each on the two appellants herein under section 114 of the customs act.5. .....

Tiruppur Cotton Spinning and Weaving Mills Ltd. Vs. Khimji Poonja and ...

Court : Chennai

Reported in : [1988]64CompCas349(Mad)

..... the very purpose issuing the notifications is constured that the two conditions in the second proviso are conditions precedent, then the very purpose of issuing the notification under the act will be frustrated because the purpose for which the power under section 3 of the act can be exercised by the state government is to enable the continued running or restarting of an industrial undertaking as a measure of preventing, or of providing relief against ..... in a matter like this, where the very purpose of the protection which was intended by the notification under section 4 (b) of the act will be defeated by considering the proviso in the manner in which it is sought to be construed by the respondents, we cannot hold that it is the proviso which will prevail and not ..... which requires that the relief undertaking shall enter into a written agreement with the creditors,whose dues would stand frozen by virtue of the notification (under section 4 of the act), for discharging their dues in instalments to be mutually agreed upon and pay the creditors in such instalments without default. ..... on the same day, the government has issued another notification under section 4 of the act, which read as follows: 'no ii(2)/ind/4432(e)/84: in exercise of the powers conferred by clauses (a) and (b) of section 4 of the tamil nadu relief undertakings (special provisions)act,1969 (tamil nadu act no.21 of 1969), the governor of tamil nadu hereby directs that in relation to the relief undertaking, namely, tirupur .....

Tiruppur Cotton Spinning and Weaving Mills Ltd Vs. Khimji Poonja and C ...

Court : Chennai

Reported in : AIR1986Mad12

..... has not co-opted to the board of directors, government nominee, and that the company could not claim the privilege of being protected by the notification under s.4 of the act, without entering into agreement in writing with the creditors as contemplated under the second proviso. ..... of the tamil nadu relief undertakings (special provisions) act, 1969, (tamil nadu act 21 of 1969), the governor of tamil nadu hereby directs that in relation to the relief undertaking, namely, tiruppur cotton spinning and weaving mills ltd, (a) the industrial disputes act 1947 (central act xiv of 1947) shall apply with the omission ..... specified in the second proviso of the second notification under s.4 of the act, the appellant company will not be entitled to the benefits of the ..... is so construed that the two conditions in the second proviso are condition precedent, then the very purpose for issuing the notification under the act will be frustrated because the purpose for which the power under s. ..... act, by that notification the state government has declared thus: -' ......that the said industrial undertaking namely, the tiruppur cotton spinning and weaving mills ltd, tirupur shall for a period of one year with effect on and from the 4th august 1984, till the 3rd august 1985, be a relief undertaking for purposes of the said act ..... 3 and 4 of the act, the proceeding in the three company petitions cannot go on because the monetary liabilities on the basis of which the applications for winding up have been made stand .....