Judgment Search Results Home > Cases Phrase: hirepurchase repeal act 2005 Page 11 of about 69,626 results (0.162 seconds)

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

..... though the services provided to the members of the petitioners-association outside india becomes taxable service, the charge of the tax continues to be on the provider of service as per the scheme of the act, and because of the explanation also the respondents do not get authority of law to levy a service tax in relation to the services rendered to the vessels and ships of the members of ..... this petition the petitioners challenge the constitutional validity of the following:(i) section 66a of the finance act, 1994; (hereinafter referred to as the 'act for the sake of brevity), which has been introduced with effect from 18th april, 2006;(ii) an explanation to section 65(105) of the act, which was in force between 16th june, 2005 and 17th april, 2006; and(iii) rule 2(1)(d)(iv) of the service tax rules, 1994 inserted ..... act, 2005 with effect from 16-6- ..... . on 16-6-2005, an amendment was made to the act also, by which an explanation was added below section 65(105) which explanation reads as under:explanation - for the removal of doubts, it is hereby declared that where any service provided or to be provided by a ..... 31-12-2004 a notification was issued by the government of india in exercise of its power under sub-section 2 of section 68 of the act, and therefore, the demand of service tax was made from the members of the petitioners-association in relation to the services received by them to their vessels and ships outside of india on the basis of the notification dated 31-12-2004 from 1-1-2005 .....

S. Balasubramaniam and Mrs. Lalitha Balasubramaniam Vs. the Special Co ...

Court : Chennai

Reported in : (2009)8MLJ529

..... in the writ petition, the learned single judge observed that the facts revealed that even prior to the coming into force of the urban land (ceiling and regulation) repeal act, 1999 ('repeal act' in short) with effect from 16.6.1999, possession had been taken by the government on 21.2.1997 and therefore, the case of the writ petitioners that that they were still in possession cannot ..... the, it was brought to the notice of the appellants that the withdrawal of exemption was pending enquiry and it was open to the appellants to make their submissions; therefore, the operation of the act and the consequent declaration of excess land had been postponed only beause there was a protection of exemption, and once that exemption was withdrawn, it was open to the state to declare how much ..... statement was dated 16.12.1997; it is only the vendor of the appellants who recieved the notice in these proceedings; but what had grievously prejudiced the appellants is that, while section 11(5) of the act mandatorily requires that notice should be issued not only to the owner, but any person in possession, then regardless of the circumstances under which the person in possession may have come into possession ..... have waited till 2005 and filed the ..... appellants waited from 18.5.1990 till february, 2005 to assert their rights. ..... know about the proceedings all of a sudden only in 2005 is not true. ..... show that possession of the land was actually taken even in 1997, whereas the writ petition has been filed only in 2005.4. .....

Srm University Vs. the Government of India and anr.

Court : Chennai

..... respect of the petitioner/institution by the central government is not on the basis of any materials found on the inspection conducted by the statutory authorities in accordance with various provisions of the ugc act, but accidentally due to the reason that the government and the university grants commission want to revamp the functioning of the deemed to be universities and it was in that consultation process, ..... made to the central government and in fact, the government of india, after considering the report of the medical council of india as per the powers conferred under section 10-a of the indian medical council act, 1956, has already come to a conclusion in permitting the petitioner to establish a new medical college at tiruchirapalli with the annual intake of 150 students, by way of a letter of intent and ..... a constituent unit of any existing institution deemed to be university, only those students who were admitted in such institutions on a date subsequent to the date of notification of the declaration under section 3 of the ugc act 1956 in regard to brining the institution under the ambit of the existing institution deemed to be university, shall be eligible for being examined by the institution deemed to be university and therefore, for the award of ..... scc 650, where the stage carriage permit was granted under the repeal act, 1939, it was held that the grant of permit under the motor vehicles act, 1988 is a mere privilege and not a vested or ..... trust, [2005] 3 .....

Glochem Industries Ltd. Represented by Its Power of Attorney Holder Vs ...

Court : Mumbai

Reported in : 2010(112)BomLR269; LC2010(1)13

..... , however, the problem considered was about the confusion arising on account of the postponement of in-part commencement of the patents (amendment) act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. ..... over the solvated forms of clopidogrel besylate in different characterization aspects, it can be held that the crystalline clopidogrel besylate of present invention compound is patentable and cannot be rejected under section 3(d) of the patents act, 1970.hence, the opponents objection of not an invention and also not patentable under the ..... said case while examining the question regarding the validity of the amendment act which amended section 3(d) of the act, the court proceeded to examine the purport of the amended provision ..... before the petitioner filed representation by way of opposition under section 25(1) of the act during the examination proceedings in respect of the application filed by the respondent no ..... 4 even while deciding representation by way of opposition under section 25(1) of the act was expected to first ascertain as to which evidence produced by the applicant can be looked into to answer the ..... to support this and also to meet the requirements of section 3(d) of patents act, 1970 the applicants with their reply statement, have submitted the stability study data sheet of bisulphate (enclosure 5 & 9) and besylate (enclosure 6); along with stability and comparative pharmaceutical characterization report of .....

inderjit Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 139(2007)DLT97

..... it should be recalled that section 130, as it stood before its repeal by the national tax tribunal act, 2005, permitted an appeal to the high court. ..... union of india dated 20.01.2006 staying the operation of the national tax appellate tribunal act, 2005 with the result that national tax appellate tribunal has not been constituted. ..... it is in these circumstances that a number of writ petitions have been filed in this court and have been permitted to be withdrawn to enable the filing of appeals under erstwhile/repealed section 130 of the customs act, 1962. ..... the repealed provisions also mandated that the high court must decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded. 3. ..... karam freight movers acts as the agent of the petitioner. ..... exim under section 114 of the customs act.iv) i order denial of drawback of rs. ..... exim under section 119 and 113(i) of the customs act respectively and i order a fine in lieu of confiscation under section 125 of the customs act rs. .....

Dip Co. Op. Hsg. Society Ltd. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (2008)2GLR1382

..... though it has not been disclosed in the affidavit made by the above referred purshottambhai patel, it has come on record in the affidavit made by the competent authority on 24th october, 2005 that pending this petition, though this court had ordered the parties to maintain status quo in respect of the subject lands, the society has made construction on some 1200 sq.m of the ..... in view of the repeal of the act of 1976 by the urban land [ceiling & regulation] repeal act, 1999 [hereinafter referred to as, 'the act of 1999'], all proceedings in respect of the subject lands have ..... tribunal, the society has continued to hold possession of the subject land; that it was the society which held the possession of the subject lands on 30th march, 1999 - the date on which the act of 1976 was repealed by the act of 1999 and even thereafter, is rejected.9. ..... once the said lands were not the 'urban land' or 'vacant land' within the meaning of the act of 1976, the said status could not be changed by any subsequent action of the state. ..... i am of the view that the notice to hand over possession as envisaged by section 10[5] of the act of 1976 was duly served upon dip cooperative housing society which claims to be in possession of the subject ..... to the said contention raised by the competent authority, the society has made affidavit on 3rd december, 2005. ..... made one more affidavit on 3rd december, 2005. ..... petition, one purshottambhai patel, the secretary in the society made affidavit on 3rd october, 2005. .....

Nageshwar Basantram Dubey Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2007(2)ALLMR612; 2007(3)MhLj275

..... possess any recognised medical qualifications but who were practicing in the rural area by virtue of provisions of section 37 have made a grievance that they are being harassed by the state government and now by the amendment act, 2005, section 37 itself is deleted and thus, their vested rights are taken away. ..... it is contended that by deleting this section from the act, not only these petitioners are deprived of their right of practice and earning of livelihood, but large number of villagers are also deprived of medical facilities in such villages and therefore, the amendment act, 2005 is ultravires and bad in law. ..... pending these petitions section 37 of the maharashtra act came to be deleted from the maharashtra act, by maharashtra medical practitioners (amendment), act, 2005. ..... that these provisions were being misused and quacks had entered in this practice and did not serve any purpose of providing medical aid and further because the provisions of section 37 of the maharashtra act were also in conflict with section 17 of the central act, section 37 has been deleted by amendment of 2005. ..... 407/1992,3693/1991 and 452/2005 the petitioners claim to hold either the degree or diploma of vaidya visharad or ayurved ratna or some other equivalent degree awarded by hindi sahitya sammelan prayag or hindi sahitya sammelan allahabad and some other institutions, whose degrees and diplomas are not recognised in schedule ii of the indian medical central council act, 1970 (in short the central act). .....

Okey Textiles Vs. Commissioner of Commercial Taxes and anr.

Court : Chennai

Reported in : (2009)20VST232(Mad)

..... [2006] 145 stc 1 wherein a similar contention has been raised and adjudication order has been passed by the supreme court by a ruling that since re-enactment of the andhra pradesh value added tax act, 2005 and section 80 of the latter act saved the provisions of the former in toto, the rights and liabilities which had accrued or been incurred under the a.p. ..... of the said order is put in issue in this writ petition by contending that section 88 of the tamil nadu value added tax act saved certain action taken under the provisions of the tngst act, the petitioner's accrued interest and vested right cannot be divested by the repealed act. ..... repealed act also categorically saves the rights of the petitioner under the tngst act ..... application filed by the petitioner under section 16d of the repealed act cannot be entertained after january 1,2007. ..... has been rejected by the commissioner of commercial taxes who is one of the committee members on the premise that as per section 88 of the tamil nadu value added tax act, 2006, the tamil nadu general sales tax act, 1959 has been repealed with effect from january 1, 2007. ..... on that ground, invoking the power under section 16d of the tngst act, the petitioner filed an application on january 9, 2007 before the special committee constituted under section 16d of the tngst act for passing appropriate orders and particularly for a direction to the assessing authority to make fresh assessment to pass ..... tax act, 1957, would continue even after its repeal. .....

S. Subramaniam Vs. State of Tamil Nadu Rep. by the Secretary to Govern ...

Court : Chennai

Reported in : (2006)3MLJ509

..... 23955/99 (j1), dated 27.10.1999, stating that suitable guidelines are awaited from the government with regard to disposal of appeals filed under section 33 of the said act in view of the repeal act and that pending receipt of guidelines, the principal commissioner and commissioner of land reforms was unable to entertain and exempted the appeals. ..... metres are illegal and non-est and that in any event have abated consequent upon the repeal of the principal act by the tamil nadu urban land (ceiling and regulation) repealing act, 1999 and consequently direct that the petitioner is entitled to deal with the above mentioned lands owned and possessed by him as a full and absolute owner.2. ..... since coming into force of the tamil nadu urban land (ceiling and regulation) repeal act in the month of september 1999, all the proceedings under the act would abate and as such the petitioner's rights over the lands cannot be interfered with. ..... it is further submitted by the respondents that section 3(1)(a) of the repeal act states that the repeal of the principal act shall not affect the vesting of any vacant land under section 11(3), possession of which has already been taken over by the state government or any person duly authorised by the state government or by the competent authority and that the act would continue to apply to the cases where the land stands vested with government under section 1(3) of the tamil ..... . 33165 of 2005 are closed .....

Dr.Reddy's Laboratories Limited Vs. the Assistant Commissioner (CT) LT ...

Court : Andhra Pradesh

..... no.115 under section 40 of the andhra pradesh value added tax act, 2005 (vat act) and rule 37 of the andhra pradesh value added tax rules, 2005 (vat rules), claiming refund of about rs.3.53 crores. ..... the authorities and on first- principle analysis as well, it is clear and we accordingly hold that exercise of power under section 33c of the act of 1957 (ordering withholding of refund) (a) cannot before the mere and only reason that an appeal or further or other proceedings under the act is pending; and (b) the order must record reasons and must set out the relevant facts and circumstances constituting the basis for the ..... an order giving rise to a refund is the subject matter of an appeal or further proceeding or any other proceeding under the act is pending, it would mean that the determination of the tax liability of an assessee or licensee by an appellate authority under the act is not final but is in a measure tentative and subject to further consideration in such appeal or further proceedings whether before a ..... wherever an order giving rise to a refund is the subject mater of appeal or further proceedings or other proceedings under the act is pending, the provision would have clearly enjoined that no refund need be made till the conclusion of the appeal or further ..... cto1 a division bench of this court considered section 33c of the andhra pradesh general sales tax act, 1957 (apgst act) (which stands repealed by vat act), which is almost in pari materia with section 40(2) of vat act. .....