Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: guwahati Year: 2009 Page 1 of about 16 results (0.067 seconds)

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

..... compensatory. however, the division bench answered the said question against the state. in doing so the bench took note of the provisions of section 8a inserted by the second amendment act of 2005 with effect from may 12, 2005 and the materials placed in the affidavit of the state. in this regard, sri choudhury has submitted that on the basis ..... of the karnataka high court in manipal academy of higher education v. state of karnataka [2008] 13 vst 377 as well as another decision of the patna high court in indian oil corporation limited v. state of bihar [2007] 10 vst 140, besides the recent pronouncement of the madhya pradesh high court in godfrey philips india ltd. v. state ..... 293, the decision of the madras high court in itc limited v. state of tamil nadu [2007] 7 vst 367 besides the decision of the allahabad high court in indian oil corporation limited v. state of uttar pradesh [2007] 10 vst 282. in all the aforesaid decisions the honourable high courts had interfered with the levy on the .....

Oil and Natural Gas Corporation Ltd. and anr. Vs. Government of Assam ...

Court : Guwahati

Reported in : AIR2009Gau77

..... /13 - in exercise of power conferred by the provision of section 7-a of the interest on delayed payments to small scale and ancillary industrial undertakings (amendment) act, 1998, the governor of assam is pleased to constitute/set up a industry facilitation council consisting with the following members to deal with problems faced by ssi ..... , a.a.ssia8. president or his - memberrepresentative, finer9. shri shanti kam hazaika, - memberassam institute of management.the main function of the council will be act as conciliator (section 6(2) of the amendment act, 1998) to make efforts to bring conciliation between buyers and sellers and in case, conciliation cannot be reached the council shall ..... vested with wide powers to decide the procedure to be followed by him untrammelled by the procedural law like the code of civil procedure or the indian evidence act, 1872. when the parties are able to resolve the dispute between them by mutual agreement and it appears to the conciliator that there exists an .....

Indian Oil Corporation Ltd. Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... the traditional concept of 'sale', which the courts adhered to, while interpreting as to whether a given transaction amounts, or does not amount, to 'sale', the 46th amendment act of the constitution brought changes in the definition of the word 'sale' as given in article 366 inasmuch as it widened, by inserting clause (29a) to article ..... not assessable as contracts for sale of goods inasmuch as the contracts, which were indivisible, could not have become subject to sales tax.9. before the constitution (46th amendment) act, 1982, the word 'sale', which occurred in the expression 'sale', in the seventh schedule to the constitution of india, had carried the same meaning as a ' ..... sale' defined in section 4 of the sale of goods act, 1930. hence, prior to the 46th amendment, sales tax could be imposed only upon transfer of property in goods from one person to another. consequently, sales tax could not be imposed .....

Patel Engineering Ltd. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : (2009)24VST481(Gauhati)

..... the business carried out in the said state.3. in the year 2007, the state of arunachal pradesh enacted arunachal pradesh goods tax (amendment) act, 2007, whereby the act of 2005 has been amended. by this amendment, section 47a has been inserted providing for deduction of tax at source.4. after the insertion of section 47a, the superintendent of tax ..... 'sale' in the realm of execution of works contract.9. while dealing with the question of validity of section 47a of the act of 2005, it is necessary to recall that before the 46th amendment, there was conflict of judicial opinion as regards the question as to whether the state has legislative power to impose sales tax on ..... on the state legislature's power to impose sales tax on sale and purchase of goods. following insertion of clause (29a) of article 366, article 286 was also amended and clause (3) was substituted therein. with insertion of clause (3), article 286 runs as under:article 286. restrictions as to imposition of tax on the sale or .....

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court : Guwahati

..... arbitrator so appointed shall not be a person who had dealt with the matter/s in dispute. the provisions of the arbitration & conciliation act, 1996 and the rules framed thereunder or any amendment thereto shall apply to such arbitral proceedings. the award passed by such sole arbitrator shall be final and binding on the parties. the venue ..... and 20.7.2007. on receipt of the said amounts sale orders were issued in favour of the appellant/writ petitioner by the chief materials manager of the indian oil corporation ltd. (assam oil division). the appellant/writ petitioner thereafter started lifting the scrap material in question. however, in the first week of august 2007 ..... order.2.the facts in brief may be noticed at the outset.the metal and scrap trading corporation ltd. (mstc), as the selling agent of the respondent indian oil corporation limited (assam oil division), invited tenders for sale of materials as described in the schedule of items/rates enclosed as annexure-1 to a tender notice .....

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court : Guwahati

..... arbitrator so appointed shall not be a person who had dealt with the matter/s in dispute. the provisions of the arbitration & conciliation act, 1996 and the rules framed thereunder or any amendment thereto shall apply to such arbitral proceedings. the award passed by such sole arbitrator shall be final and binding on the parties. the venue ..... and 20.7.2007. on receipt of the said amounts sale orders were issued in favour of the appellant/writ petitioner by the chief materials manager of the indian oil corporation ltd. (assam oil division). the appellant/writ petitioner thereafter started lifting the scrap material in question. however, in the first week of august 2007 ..... order.2.the facts in brief may be noticed at the outset.the metal and scrap trading corporation ltd. (mstc), as the selling agent of the respondent indian oil corporation limited (assam oil division), invited tenders for sale of materials as described in the schedule of items/rates enclosed as annexure-1 to a tender notice .....

Pepsico India Holdings Pvt. Ltd. Vs. State of Assam and ors.

Court : Guwahati

Reported in : (2009)25VST41(Gauhati)

..... fruits including fruit jam, jelly, pickle, fruit squash, paste, fruit drinks and fruit juice.9. once again with effect from october 16, 2008 the said entry was amended to read as follows:processed or preserved vegetables and fruits including fruit jams, jelly, pickles, fruit squash, paste, fruit drinks and fruit juice but excluding 'potato chips', ..... claimed by the revenue. our above finding, naturally, has to be understood in the context of the provisions of the act as it stood prior to the amendment to the schedule to the act made with effect from october 16, 2008.28. the revision petition, therefore, is allowed. the impugned order dated september 10, 2007 passed by the ..... court any further.19. we have also read through the contents of entry 80 as originally enacted and the amendments made thereto from time to time. originally entry 80 of part a of schedule ii to the act was to the following effect:processed or preserved vegetables and fruits.20. with effect from august 8, 2005, .....

Raj Kumar Agarwalla Vs. Md. Shaeriar MoIn Choudhury

Court : Guwahati

Reported in : AIR2009Gau169

..... apex court reiterating that courts are to take liberal approach in considering the prayer for amendment of pleadings.17. order vi, rule 17 has been amended by amendment act of 2002 by introducing the proviso therein. the whole object of the amendment is to restrain the amendment of pleadings subsequent to the commencement of trial so that the other party is not ..... 115 of the code vests power of revision in the high court over courts subordinate to it. proviso to section 115(1) of the code before the amendment by act 46 of 1999 read as under:provided that the high court shall not, under this section vary or reverse any order made, or any order deciding an issue ..... known to the plaintiff, in my considered opinion, it cannot be said that the plaintiff acted with due diligence to know and investigate the title of his vendor before commencement of the trial. the learned munsiff has allowed the prayer to amend the prayer portion of the suit holding inter alia that the pleadings reflect that the .....

J.P. Rai, Ias Vs. the State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : AIR2009Gau151

..... the governor general. such ah order was passed by the governor general in exercise of the powers under section 299(1) of the government of india act, 1935, as, adopted by the india provincial constitution (amendment) order, 1948. para 4 of the said order declares as follows:4. the high court of assam shall have, in respect of the territories for the ..... the provisions of any order in council made under this or any other act, to the provisions of any order made under the indian independence act, 1947, and to the provisions of any act of the appropriate legislature enacted by virtue of powers conferred on that legislature by this act, the jurisdiction of, and the law administered in, any existing high court, and the respective .....

Tripura Rajya Nath Kalyan Samity and ors. Vs. Union of India (Uoi) and ...

Court : Guwahati

Reported in : AIR2009Gau142

..... tripura. according to the learned counsel, the district council was formed in the state of tripura by way of 49th amendment which came into effect on 1-4-1989 and as such the said institution cannot be said to be established by the central government. as such the ..... council and although the institution falls under an area which is covered by 6th schedule of the constitution, the reservation restriction regarding applicability of the reservation act as per section 4 would not be applicable to the nit, agartala since it was established before formation of the district council in the state of ..... research institutions of national and strategic importance specified in the schedule to this act.provided that the central government may, as and when considered necessary by notification in the official gazette, amend the schedule.(c) a minority educational institution as defined in this act,(d) a course or programme at high levels of specialisation, including at .....