Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Page 1 of about 82,085 results (1.300 seconds)

Bidhannagar (Salt Lake) Welfare Association Vs. Central Valuation Boar ...

Court : Supreme Court of India

Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962

..... residents of the area in general to have their say, the provisions of the 1978 act are required to be construed.21. section 11 of the 1978 makes such general valuation final. section 10 has been deleted but the finality clause attached to section 11 has been retained. by reason of the amendment act, the finality clause has been converted to a conclusive one, subject of course to ..... kingdom.50. we may notice that even this court in mithu v. state of punjab 0065/1983 : 1983crilj811 has applied the test of non-arbitrariness while striking down section 303 of the indian penal code. although the court may not go into the question of a hardship which may be occasioned to the taxpayers but where a fair procedure has not been ..... majority in a multi-member committee could not be applied.46. in the case of am (serbia) and ors. v. secretary of state for the home department [2007] ewca civ 16, before the impugned amendment came into force, the immigration and asylum adjudication system had taken the form of a right to appeal against a decision of the secretary of state to ..... v. state of punjab and ors. civil appeal no. 1489 of 2004, decided on 25th january, 2006, prithipal singh v. state of punjab and ors. : 2006(11)scale28 and indian airlines ltd. v. prabha d. kanan : (2007)iillj113sc 43. principles of natural justice are based on two basic pillars:(i) nobody shall be condemned unheard (audi alteram partem)(ii) nobody shall be judge .....

Commissioner of Income-tax Vs. Indian Aluminium Co. Ltd.

Court : Kolkata

Reported in : [1973]88ITR257(Cal)

..... done in the case of form ' f ' prescribed under rule 15 of the regulation and licensing of industrial undertakings rules, 1952. no amendment by way of proviso or explanation has taken place in section 15c of the indian income-tax act on this point. in fact the tribunal gave importance to the fact of this industrial licence which the assessee got in that-case ..... by the other existing division of the assessee itself. similarly, in the jute mill division out of the total sales of rs. 13,03/509, sales to the boiler division amounted to rs. 11,89,812. at page 433, there are some more relevant facts on record which may be stated as follows :' in respect of the jute mill division the records ..... the profit of rs. 1,85,337 for which exemption was claimed under section 15c of the income-tax act, 1922, the relevant facts found by the income-tax officer are that, out of the total sales of rs. 13,03,509, sales to the boiler division amounted to rs. 11,89,812. these sales consisted of the job work only and nothing else ..... the profit of rs. 1,85,337 for which exemption was claimed under section 15c of the income-tax act, 1922, the relevant facts found by the income-tax officer are that, out of the total sales of rs. 13,03,509, sales to the boiler division amounted to rs. 11,89,812. these sales consisted of the job work only and nothing else .....

Joseph Mayr Vs. Phani Bhusan Ghose

Court : Kolkata

Reported in : AIR1939Cal210

..... the defendant verbally, (i use the words set out in para. 2 of the amended plaint),simultaneously agreed and undertook that the said boiler would not come under but would be exempt from the operation of the indian boilers act and the rules and regulations of the government of bengal in connexion therewith and that in ..... necessary for having the same registered in accordance with the indian boilers act and for securing permission or certificate authorising the use of the said boiler so that the plaintiff might use the same for the purpose required by him.6. the defendant's case ..... case it turned out thereafter that the said boiler would come under the operation of the indian boilers act and the rules and regulations of the government of bengal in connexion therewith, then he would do all that would be ..... co. v. webb & co. (1922) 1 k.b. 55 would have been an answer in law. with regard to implied warranty of fitness under section 16(1), we have found that the essential elements are present that is to say, disclosure of a particular purpose in a particular manner. there was therefore ..... one is dealing with this subject that the matter is entirely independent of all questions as to whether the goods are fit for a particular purpose.11. that particular question was left open, and it is not easy to answer it in the present case. the contract now under discussion was .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... courts. this article when originally enacted in the constitution consisted of the main provision and a proviso but the proviso was deleted by section 11 of the constitution (seventh amendment) act, 1956 with the result that since 1st nov., 1956 when the amending act came into force, this article consists of only one clause which reads as under:every high court shall consist of a chief ..... singh : [1961]2scr371 , a constitution bench of this court had occasion to examine the limits of the privilege of the government in the light of sections 123 and 162 of the indian evidence act, 1872. section 123 reads:123. no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of state, except with the permission ..... clause (2) of the constitution the court was precluded from ordering their disclosure and looking into them and the other was that they were protected against disclosure under section 123 of the indian evidence act since their disclosure would injure public interest. we propose to consider these rival arguments in the order in which we have set them out, first in regard ..... reasons for the same. i would, however, briefly say what i feel to be the fairly antiquated notion about the secrecy in administration. privilege was claimed wider section 123 of the indian evidence act, 1872. section 123 was enacted in the hey-day of the colonial regime. and more thin a century after when the raj has disappeared and a republican form of government .....

Lalit Kumar Jain Vs. Union Of India

Court : Supreme Court of India

..... insolvency process should also be involved in proceedings by the same adjudicator and for this, necessary amendments were required. consequently, the 2018 amendment act altered section 2(e) and subcategorized three categories of individuals, resulting in sections 2(e), (f) and (g). given that the earlier notification 63 of 30.11.2016 had brought the code into force in relation to entities covered under ..... of an application against personal guarantors puts them on the same level, which the statute itself does not permit.28. it is submitted that by virtue of section 140 of the indian contract act, a guarantor upon payment or performance of all that he is liable for, is invested with all rights which the creditor had enjoyed against the principal debtor. ..... corporate debtor to the creditor stands discharged or extinguished.14. it is argued that the liability of a guarantor is co-extensive with that of the principal debtor (section 128 of indian contract act, 1872). further, it is settled law that upon conclusion of insolvency proceedings against a principal debtor, the same amounts to extinction of all claims against the principal ..... by operation of law (for instance on account of winding up or the process under the code) does not however absolve the surety from its liability. section 128 of the indian contract act, 1872 ("contract act") provides that the liability of a principal debtor and a surety is co-extensive, unless provided to the contrary in the contract. the word co-extensive .....

Arun Kumar Agrawal and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999(1)KarLJ603

..... to enter into a contract for the sale of electricity generated by it with any other person with consent of the competent government or governments. the aforesaid section was inserted by electricity laws (amendment act no. 50 of 1991) with effect from 15-10-1991, admittedly, before the initiation of the process of setting up of the power plants in the ..... consist of two nominal 250 mw (gross)/230 mw (net) generating units with an aggregate electrical capacity of approximately 500 mw (gross)/460 mw (net) with coal-fired boilers and other associated equipment, as more specifically described in the phase two ppa (the 'phase two facility'); andwhereas, the company desires to interconnect with the board system in order ..... sole object of amassing wealth and earning profits. the latest phenomenon is attributed to the so called liberalisation policy permitting the foreign investors for the proclaimed object of strengthening the indian economy for the alleged betterment of the people. corruption amongst politicians is related to various scandals such as relating to bofors, the hawala, the fodder scam, import of ..... and power (international) limited for the year ended 30th september, 1995; andchina light and power (international) limited and clp (international) limited for the year ended 30th september, 1996. 11. china light (mauritius) limited is a company incorporated in mauritius and is a subsidiary of clp (international) limited. all costs and payments in relation to the project are incurred and .....

Gujarat Mazdoor Sabha Vs. The State of Gujarat

Court : Supreme Court of India

..... elastic meaning. but the statute as it stands does not leave the expression public emergency undefined. the explanation to section 5 was introduced by the factories (amendment) act of 1976 - amending act 94 of 1976 - with effect from 26 october 1976. interestingly, it was an amendment which was brought in during the internal emergency declared in june 1975 purportedly on account of internal disturbances . ..... the amended act were also inadequate and a somewhat revised bill was subsequently introduced in 1909 and the same was passed as a ..... recommendations, the first factories bill, 1880 was legislature, subsequently however, the bill was adopted as an act. no sooner however, the act was passed, agitation started afresh in bombay and other places and on the basis of the report of a committee, the indian factories (amendment) act of 1891 introduced in the 13 (2001) 7 scc65925 part f was passed. the provisions of ..... , he may, by proclamation, make a declaration to that effect. (emphasis supplied) 11 the powers under article 352 have been invoked thrice by the president to declare an emergency. an emergency was declared for the first time in 1962 due to the chinese aggression on indian territory. the emergency was revoked in 1968. in 1971, when hostilities broke out with .....

Annamalai Cotton Mills (P) Ltd. Vs. the Chairman, Tamilnadu Electricit ...

Court : Chennai

Reported in : AIR1996Mad364

..... mellur, by the asst. executive engineer, operation and maintenance, gugai, salem; at 9.30 a.m. on 11-5-1995. the f.i.r. was prepared by the police for offences under ss. 39(1) and 44(1)(c) of the indian electricity (tamil nadu amendment) act, 1980, for the offence of theft of electricity. thereafter, the sub-inspector of police along with his ..... , but only compensation for the energy actually stolen may be claimed as stated in section 48 of the indian electricity act, which would be subject, in law, to section 74 of the indian contract act. the action proposed was motivated, vindictive and mala fide. 6. the petitioner, after making such contentions as above, had prayed in ..... the contract cited above, which power cannot be delegated to any other officer. penalty for theft of energy, apart from imprisonment and fine, is fully provided for under section 44 of the indian electricity act, which would be just rs. 5,000/- and rs. 50/- for every day of continuance of such offence, independent of which provision, no penalty could be levied ..... and connected offences. therefore, no condition can be framed by the board with reference to the theft of energy under section 49 of the electricity (supply) act since theft of energy is dealt with under the indian electricity act. section 48 of the indian electricity act clearly states that apart from the penalties prescribed for theft of energy, compensation can be claimed from the offender. the .....

Commissioner of Income-tax Vs. East India Electric Supply and Traction ...

Court : Kolkata

Reported in : [1991]188ITR717(Cal)

..... of machinery and plant specifically excepted by the letters 'n. e. s. a.' being shown against it. after the amendment, the heading was incorporated in section (iv) of the new chart which also contained the same remark, but specially excepting from such allowance ten groups of items ..... 1974]97itr334(bom) . we, however, considered the rival contentions. at all material times, the assessee was an electric supply undertaking licensed under the indian electricity act, 1910. in terms of the rules framed thereunder, its electric plant was shown in its annual accounts under the heads, transmission plant, distribution ..... the term--plant--is grouped from statement ii, i.e., the statement of capital expenditure and, in the said statement of capital expenditure--boilers, switchgears, transformers, etc., are all separate items right from the inception of the company. the tribunal did hot consider this statement ..... section 256(1) of the income-tax act, 1961, for the assessment year 1975-76, the following questions of law have been referred to this court :(1) whether, on the facts and in the circumstances of the case and having regard to the provisions of the income-tax act and rules and the indian electricity act ..... amendment did not at all change the scheme for such allowance. this was the position up to and including the assessment for 1974-75.14. for the assessment year under consideration, i.e., 1975-76, the written down value of the assessee's aforesaid plant at the beginning of the yearwas rs. 11 .....

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW4319; JT2009(9)SC142; 2009(8)SCALE685; (2009)12SCC110

..... port, other than a major port, when belonging to the government;5.4) in exercise of the powers conferred under section 6 read with sections 33, 35, 46 and 47 of the indian ports act, 1908, the lieutenant governor of goa, daman and diu made the goa, daman and diu ports rules, 1983 (` ..... prayed (a) for a declaration that the goa ports (amendment) rules, 1992 and rule 54a of the goa ports (amendment) rules, 1994 were ultra vires the indian ports act, 1908; (b) for quashing the demand for rental charges by letter dated 1.11.1993; and (c) for a direction to the respondents to ..... port;(o) for regulating the employment of persons engaged in cleaning or painting vessels, or in working in the bilges, boilers or double bottoms of vessels in any such port.[note : by amendment act 15/1997, clause (jj) was substituted by clauses (jj) and (jja) which read as follows]:(jj) for regulating ..... the jurisdiction of the port including movement of crafts, licencing of crafts, loading and wharfage and other related matters. clause (jj) of section 6 of the act enabled the government to make rules for the use of and fixing the rates to be paid for the use of piers, jetties, landing ..... , quays, warehouses and sheds which are all associated with loading, unloading and storing of goods or embarking and disembarking of passengers. clause (jj) of section 6 authorizes the state government to make rules regulating the piers, jetties, landing places, wharves, quays, warehouses and sheds, and not government riverine land .....