Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: us supreme court Year: 2009 Page 4 of about 201 results (0.476 seconds)

Grand Kakatiya Sheraton Hotel and Towers Employees and Workers Union V ...

Court : Supreme Court of India

Reported in : AIR2009SC2337; [2009(121)FLR407]; JT2009(4)SC550; (2009)IIILLJ161SC; 2009(3)SCALE371; (2009)5SCC342:2009AIRSCW3149:2009(5)LHSC3456

..... would amount to a hardship to the petitioners in the matter of seniority. the constitution bench of this court thoroughly examined the provisions of section 2 of the amendment act with reference to the earlier cases decided on the question and came to the conclusion that it was disinclined to temper with the settled practice, particularly, in ..... on a minimum of 3 years' service as in the present case. gratuity being a reward for good, efficient and faithful service rendered for a considerable period (vide indian railway establishment code, vol. i at page 614 - chapter xv, para 1503), there would be no justification for awarding the same when an employee voluntarily resigns and ..... of workmen employed under the ahmedabad municipal corporation v. ahmedabad municipal corporation reported in 1955 lab a c 155, as also, the observations made in the case of indian oxygen & acetylene co. ltd. reported in : 1956 1 lab l j 435 and observed in paragraph 202 to the following effect:it will be noticed from .....

State of Nct of Delhi Vs. Ashif Khan @ Kalu

Court : Supreme Court of India

Reported in : AIR2009SC1977; JT2009(3)SC275; 2009(3)SCALE429; (2009)4SCC42:2009(2)LHSC1183:2009AIRSCW1621

..... control bureau : 2008crilj2250 , it was held as follows:(1) the provisions of the ndps act were amended by the narcotic drugs and psychotropic substances (amendment) act, 2001 (act 9 of 2001) (w.e.f. 2.10.2001), which rationalized the punishment structure under the ndps act by providing graded sentences linked to the quantity of narcotic drugs or psychotropic substances carried. ..... (2) thus, by the amending act, the sentence structure changed drastically. 'small quantity' and 'commercial quantity' were defined under section 2(xxiiia) and section 2(viia) ..... ) so the basic question for decision is whether the contravention involved in this case is small, intermediate or commercial quantity under section 21 of the ndps act, and whether the total weight of the substance is relevant or percentage of heroin content translated into weight is relevant for ascertaining the quantity recovered from .....

V. Laxminarasamma Vs. A. Yadaiah (Dead) and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW2304; 2009(3)ALT1(SC); JT2009(4)SC287; 2009(3)SCALE685; (2009)12SCC544; 2009(2)LHSC1045; 2009(2)SCC(Cri)711

..... respect to the ownership and title to, or lawful possession of the land grabbed whether before or after the commencement of the andhra pradesh land grabbing (prohibition) (amendment) act, 1987 and brought before it and pass such orders (including orders by way of interim directions) as it deems fit. provided that if, in the opinion of ..... court are ordinarily required to follow the provisions of the code of civil procedure and code of criminal procedure. being a `court', the provisions of the indian evidence act would also be applicable. it is true that burden of proof is on the noticee being an alleged land grabber, but the same by itself would ..... the government, local authority, religious or charitable institution or endowment including a wakf, or any private person. if and when a proceeding is initiated under the said act, the proceedee not only can raise jurisdictional questions but can also raise questions relating to his title and possession. it is, therefore, difficult to comprehend as .....

U.P. Power Corporation Ltd. Vs. National thermal Power Corporation Ltd ...

Court : Supreme Court of India

Reported in : 2009LC(SC)13; JT2009(3)SC462; 2009(3)SCALE620; (2009)6SCC235; 2009(2)LC966(SC); 2009AIRSCW5869

..... a creature of a statute. its jurisdiction is also conferred by a statute. the purpose of creation of tdsat has expressly been stated by parliament in the amending act of 2000. tdsat, thus, failed to take into consideration the amplitude of its jurisdiction and thus misdirected itself in law. 54. for the reasons aforementioned, the ..... restrict the power of the central commission to make additions or alterations in the tariff. making of a tariff is a continuous process. it can be amended or altered by the central commission, if any occasion arises therefor. the said power can be exercised not only on an application filed by the generating ..... a well-settled that the central commission has the exclusive jurisdiction to frame not only tariff but also any amendment, alterations and additions in regard thereto.29. the central commission in terms of the 1998 act as also the regulations framed thereunder exercise diverse powers. it exercises legislative power, power of enforcement of the .....

Y. Venkaiah Vs. State of A.P.

Court : Supreme Court of India

Reported in : AIR2009SC2311; 2009CriLJ2834; JT2009(4)SC432; 2009(4)SCALE154; (2009)12SCC126; 2009AIRSCW3088; 2009(2)LHSC970; 2009CriLJ.2834

..... .' on 3rd march 1866 (reported in bengal law reports, supplemental volume, 443, at page 456). the views of the chief justice in gorachand gope (supra) possibly inspired the amendment in 1870.27. since then, this section has been judicially interpreted in a large number of decisions. lord sumner speaking for the privy council in the case of barendra kumar ..... relying on the principles enumerated in barendra kumar ghosh (supra). learned judge concurring with the aforesaid principle in barendra kumar ghosh (supra) held that the criminal act referred to in section 34 ipc is the result of the concerted action of more than one person and if the said result was reached in furtherance of the common intention then each person ..... done by him alone. 25. the words 'in furtherance of the common intention of all' came by way of amendment, by act xxvii of 1870, to widen the scope and sweep of the section.26. the felicitous phrase 'in furtherance of the common intention', was first coined by chief justice .....

Wyeth Vs. Levine

Court : US Supreme Court

..... 4 to be sure, congress recognized the principles of conflict pre-emption in the fdca. see drug amendments of 1962, 202, 76 stat. 793 ( nothing in the amendments made by this act to the federal food, drug, and cosmetic act shall be construed as invalidating any provision of state law unless there is a direct and positive conflict between ..... , congress became increasingly concerned about unsafe drugs and fraudulent marketing, and it enacted the federal food, drug, and cosmetic act (fdca), ch. 675, 52 stat. 1040, as amended, 21 u. s. c. 301 et seq. the act s most substantial innovation was its provision for premarket approval of new drugs. it required every manufacturer to submit a new ..... if it determined that the drug was not safe for use as labeled, though if the agency failed to act, an application became effective 60 days after the filing. fdca, 505(c), 52 stat. 1052. in 1962, congress amended the fdca and shifted the burden of proof from the fda to the manufacturer. before 1962, the agency .....

Nawab Shaqafath Ali Khan and ors. Vs. Nawab Imdad Jah Bahadur and ors.

Court : Supreme Court of India

Reported in : JT2009(3)SC652; 2009(3)SCALE934; (2009)5SCC162; 2009(3)LC1309(SC); 2009AIRSCW2289

..... i) ...the various legal pleas thus raised by the learned counsel for the petitioners attacking the trust deed and the nizam's trust deeds validation act and the validation amendment act are therefore not tenable and cannot be countenanced.(ii) ...in both these cases, suits ought to have been filed under section 9 of the civil procedure code ..... ) by lrs. v. salambin mohammad : [1999]1scr901 .(viii) in view of the finding of the high court that the original applications under the indian trusts act were not maintainable, it acted illegally and without jurisdiction in entering into the merit of the matter and, thus, the impugned judgment is a nullity.(ix) on merits, the high ..... of the parties and the decisions of the trial judges whereby discretionary jurisdiction in terms of sections 56 and 61 read with section 34 of the indian trusts act which have limited application having not been exercised, the high court should not have interfered therewith.(viii) the findings on the suit being subject to .....

Sony India Pvt. Ltd. Vs. Commercial Tax Officer and anr.

Court : Supreme Court of India

Reported in : (2009)11VatReporter144; (2009)23VST1(SC)

..... of the act were sought to be taxed at enhanced rate of 20%. appellant sought a clarification from the commissioner under section 28a of ..... vi) and (viii) of part d of the first schedule to the tamil nadu general sales tax act, 1959. they were, accordingly, taxed at 12% at the point of first sale in the state of tamil nadu. however, in 2002, an amendment was made for the first time and 'imported' goods falling in part d of the first schedule ..... the act. while the clarification was pending, the appellant challenged the said amendment vide o.p.nos.969-970/2002 before the tamil nadu taxation special tribunal constituted under the tamil nadu taxation special tribunal act, 1992 in terms of article 323b of the constitution. one of the .....

Boc India Ltd. Vs. State of Jharkhand and ors.

Court : Supreme Court of India

Reported in : 2009(237)ELT7(SC); JT2009(4)SC11; 2009(3)SCALE818; 2009(3)LC1119(SC); (2009)11VatReporter146; (2009)21VST490(SC)

..... or production process and which are required for further assembly therewith shall be at the rate of two per centum.9. concededly, tisco never applied for amendment or modification of the registration certificate. oxygen gas continued to be allowed to remain in annexure `b' of the registration certificate wherefor sales tax was payable ..... engineering & locomotive company limited v. state of bihar and anr. : 1994ecr210(sc) , this court while interpreting the provisions of section 13(1)(b) of the act itself, held that batteries, tyres and tubes which are by themselves finished products would be raw-material when they are fitted in a vehicle, stating:what requires consideration, ..... on the construction and understanding of the expression 'industrial raw-material (inputs)' used in the notification. the word 'raw-material' has not been defined in the act. it has, therefore, to be understood in the ordinary and well accepted connotation of it in the common parlance of the persons who deal with it. .....

V.K. Ashokan Vs. Asstt. Excise Commnr. and ors.

Court : Supreme Court of India

Reported in : 2009(164)LC1(SC); JT2009(5)SC104; 2009(4)SCALE225; 2009(3)LC1329(SC)

..... calculated and the terms of the contract provides therefor only for penalty by way of liquidated damages, having regard to the provisions contained in section 74 of the indian contract act a reasonable sum only could be recovered which need not in all situations even be the sum specified in the contract. {see maula bux v. union of ..... stated so explicitly. it was so done prior to the substitution of the present rule. the very fact that the state in exercise of its rule making power amended the rule in terms whereof the original clause (b) was deleted is a clear pointer to show that a conscious step was taken not to take recourse ..... . during the pendency of the said writ petitions, tahsildar (revenue recovery) issued an order in form 11 attaching the immovable properties of the appellants whereupon applications for amendment of the writ petition were filed, inter alia, questioning the proceedings initiated subsequent to the filing of the writ petition.16. a learned single judge of the high .....