Court : Kerala
Reported in : 2004(3)KLT502
K. Balakrishnan Nair, J. 1. The petitioner is an importer of fish meal and it is challenging Ext.P4 public notice dated 9.7.2001 issued by the Commissioner of Customs, Ext.P5 notification dated 17.10.2001 issued by the Central Government and Ext.P6 public notice dated 21.1.2002 issued by the Commissioner of Customs. The brief facts of the case, are the following.2. The import of live-stock to India, is governed by the provisions of Live-stock Importation Act, 1898. Section 2(a) of the Act defines the expression 'infections or contagious disorders' as including tick-pest, anthrax, glanders, farcy, scabies and any other disease or disorder, which may be specified by the Central Government by notification in the Official Gazette. Section 2(b) defines live-stock as 'live-stock includes horses, kine, camels, sheep and any other animal which may be specified by the Central Government by notification in the Official Gazette'. The Parliament has amended the Live-stock Importation Act of 1898 b...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1172; (1975)1SCC763; [1975]SuppSCR9
1. The petitioners Nos. 2 to 5 in Writ Petition No. 37 of 1970 are the sole partners of petitioner No. 1 which is a registered partnership firm (briefly thefirm) carrying on the business of manufacturing, marketing and selling bidis under the pictorial representation and the trade name 'Chhatrapati Shivaji Bidi'. The firm is the sole proprietor of the Registered Trade Mark No. 12549 in respect. of the pictorial representation of the picture of 'Chhatrapati Shivaji' and of the Registered Trade Mark No. 12550 in respect of the trade name 'Chhatrapati Shivaji' registered in the Registry of Trade Marks, Bombay. The petitioner in Writ Petition No. 38 of 1970 supporting the petitioners in Writ Petition No. 37 of 1970 has submitted the additional petition claiming the same reliefs. In fact the petitioner in Writ Petition No. 38 of 1970 (briefly the company) has also been impleaded as respondent No. 4 in Writ Petition No. 37 of 1970.2. According to the petitioners the business of manufacturing...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC17; (1974)2SCC777; [1975]2SCR138
P. Jaganmohan Reddy, J.1. These appeals raise a common question as to whether Dumpers, Rockers and Tractors are motor vehicles within the meaning of the relevant State Motor Vehicles Taxation Acts, and are accordingly taxable thereunder. Apart from these appeals, Bolani Ores Ltd.-Appellant in Civil Appeal No. 1816 of 1968-has filed a writ petition challenging the Constitutional validity of the Bihar and Orissa Motor Vehicles Taxation Act, 1930. The question raised in the writ petition will only arise for determination, if the judgment of the High Court of Orissa is held to be valid otherwise the question of the Constitutional validity of the Bihar and Orissa Motor Vehicles Taxation Act (hereinafter referred to as 'the Taxation Act') does not fall for determination as that would be purely academic.2. The two Civil Appeals Nos. 1816 of 1968 and 1817 of 1968 arise out of two suits-one filed by Bolani Ores Ltd. and the other by Orissa Minerals Development Company Ltd., respectively, for a ...
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR602; 1997(3)BomCR680; (1997)4BOMLR556; 1998(2)MhLj234
Ashok Agarwal, J.1. A Division Bench at Bombay is not ad idem with the views expressed by similar Benches, one at Nagpur and the other at Aurangabad. The Honourable the Chief Justice has, in the circumstances, constituted the present Full Bench to resolve the difference.Part-I :-- Questions referred to this Full Bench 2. The difference relates to a vexed question relating to admission to the medical colleges, an issue which has now, almost become an annual feature.3. Facts, which have given rise to the present controversy may be stated. The Bombay Municipal Corporation (for short 'B.M.C.') is conducting three medical colleges and one dental college in the city of Bombay. The three colleges have an intake capacity of 400 students per year. The B.M.C. is conducting these colleges according to rules framed by it. It has been controlling the admissions to its medical colleges. The State Government, however, by a resolution dated the 5th of May, 1994 and 15th of June, 1994 sought to include...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC231; (1973)1SCC261; [1973]2SCR1073; 1973(5)LC513(SC)
A.N. Grover, J.1. This appeal by special leave against a judgment of the Allahabad High Court arises out of a petition filed by the Bar Council of U.P. under Article 226 of the Constitution challenging the amendments made in Article 30 of Schedule 1-B of the Indian Stamp Act by the U.P. Stamp (Amendment) Acts from 1962 onwards. The points which arise for determination are of some importance to the persons belonging to the legal profession.2. The Advocates Act 1961, hereinafter called the 'Act' was enacted by the Indian Parliament and was published in the Government of India Gazette dated May 19, 1961. By a notification dated August 7, 1961 the Central Government fixed August 16, 1961 as the date on which the provisions of Chapters I, II and VII of the Act were to come into force. The Bar Council of U.P. was constituted thereafter. Another notification was issued on November 24, 1961 by the Central Government bringing into force Chapter III of the Act with immediate effect. Other Chapte...
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom359; 1984(2)BomCR788
V.V. Vaze, J.1. Summer of 42. The city of Bombay was slowly recovering from the erosion of war economy. Serpentine queues for essential commodities were seen everywhere. The mighty arch of yellow basalt haughtily thrusting its frame above the promontory lapped by the waters of Bay of Bombay had witnessed the entry of many an Englishman--Administrators, Governors-General, dashing blades or humble quill-drivers -- coming to India to keep Pax Britannica. That very arch was soon to serve as their exit.DSS Incorporated.2. A group of seven businessmen drawn from various fields like pharmaceuticals, textiles, tea, banking and insurance got together and surveyed the Indian economic scene. They had a vision of a possible cooperation of Indian and foreign entrepreneurs in the field of supply of essential commodities for civilian consumption -- something which was very much relegated to the background by the more pressing need to keep the sinews of war flowing. They envisaged a free-flow of goods...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2301; 1972(0)KLT377(SC); (1972)2SCC218; [1973]1SCR356
S.M. Sikri, C.J.1. Two main points arise in this petition under Article 32 of the Constitution, brought by the Kannan Devan Hills Produce Company Ltd., hereinafter referred to as the petitioners (1) Whether the Kannan Devan Hills (Resumption of Lands) Act, 1971 (Kerala Act 5 of 1971) hereinafter referred to as the impugned Act is within the legislative competence of the State of Kerala; and (2) whether the impugned Act is protected from challenge under Article 31A of the Constitution, and if so, to what extent.2. The petitioner is in possession of an area of approximately 1,27,904 acres, commonly known as the 'Concession Area' lying contiguously in the Kannan Devan Hills village. The petitioner grows and manufactures tea in the plantation set up and developed by it. The petitioner's predecessor-in-title was one Mr. John Danial Munro, who obtained, what is called, the first Pooniat Concession from Punhatil Kayikal Kela Varma Valuja Raja, on July 11, 1877 (Mithunam 20, 1052). This Conces...
Tag this Judgment!Court : Karnataka
Reported in : [1998]110STC226(Kar)
ORDER1. The appellants herein are engaged in the manufacturing of various goods. Some of them are having their industrial units situated within the industrial areas as declared under section 3 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter in short 'the Industrial Areas Act'). 2. These appellants being aggrieved by the various actions initiated for levy and collection of tax under the provisions of the Karnataka Tax on Entry of Goods Act, 1979 (hereinafter in short 'the Act') filed individual writ petitions before this Court challenging three notifications issued by the State Government purporting to be under section 3 of the Act, providing for rate of tax on the goods brought by them as raw materials in their industrial units for consumption or use therein. These notifications are (a) FD 69 CET 92(I) dated April 30, 1992, (b) FD 69 CET 92(III) dated July 30, 1992 and (c) FD 69 CET 92 dated August 19, 1992 (hereinafter referred to as 'first', 'second' and 'third' ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509
Pendse, J.1. This group of five appeals is preferred by the Board of Trustees of the Post of Bombay and its Officers, and raises an interesting question as to whether the Trustees of the Port Trust constituted under the Major Port Trusts Act, 1963 have a general lien for their dues over the consignment imported by the importers at the Bombay Port. As identical question arises in all these appeals and as the facts given rise to these appeals are almost similar, we propose to dispose of all there appeals by common judgment.2. The respondent in all these five appeals are importers and have imported various consignment from time to time. The respondent imported woollen rages and after the consignments arrived at Bombay Port, there was dispute between the respondent and the Customs authorities as to whether the imported goods were woollen rage or woollen garments. After a considerable period, the Customs authorities confiscated the imported goods and under the provisions of S. 111(d) of the...
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker326
K.T. Koshi, C.J.1. This appeal arises out of a suit on a mortgage bond, and the only question raised in the appeal is whether or not the suit was instituted within twelve years from the date on which the money sued for became due.2. The bond bears the date 27-3-1909 and was in favour of the predecessor-in-interest of the two plaintiffs in the suit and defendants 7 to 9. The mortgagor and the mortgagee belonged to Kasaragod Taluk and the bond is in Kanarese. The principal amount borrowed was Rs. 7800/-. Interest for the loan was fixed at Rs. 456-4-9 per year to be paid by the 30th Phalguna of every year beginning from Saumya (1909-1910). The mortgage money was repayable after twenty years and within thirty years.Some time after the execution of the mortgage, the mortgagor sold the equity of redemption over the mortgaged properties to a stranger and the latter in his turn sold the same to four persons, of whom defendant 1 was one, and his uncle, the predecessor-in-interest of defendants ...
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