Court : Supreme Court of India
Decided on : Jul-16-1998
Reported in : AIR1998SC2526; 1998(62)ECC266; 1998(101)ELT529(SC); JT1998(5)SC16; 1998(4)SCALE141; (1998)6SCC79; [1998]3SCR708
..... fraudulent and, therefore, the question of exercising the discretion for extending the period for filling the import manifest as provided under section 30(1) of the act or for considering amendment or supplementation of the manifest would not arise even if a request would have been made for such extension of the time limit for filling of the manifest ..... that had been seized, valued at rs. 59,53,560 c.i.f. and rs. 1,78,60,680 at the indian market rate under clauses (d) and (f) of section 111 of the act as well as for confiscation of the gunny bags, white cloth wrappings, wooden cases and the cartons which were used for keeping ..... under the regulations in any import manifest or import report which are not so mentioned;'6. the expressions 'import', 'import manifest', 'india' and 'indian customs waters' are defined in section 2 of the act in the following terms:-'2(23). 'import', with its grammatical variations and cognate expressions, means bringing into india from a place outside india.''2(24 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-22-1998
Reported in : 1998VAD(SC)423; AIR1998SC2476; JT1998(5)SC165; RLW1999(1)SC53; 1998(4)SCALE232; (1998)6SCC200; [1998]3SCR863
..... the order shall be conclusive.'7. a perusal of the aforesaid provisions would show that the scheme commencing under rule 97 and onwards before the enactment of the amendment act, 1976 was that where a decree holder or the purchaser at the court sale of property was obstructed in obtaining possession of such property by any person, he ..... khare, j.1. this civil appeal raises only one question that is, as to whether the benefits of provisions of section 14 of the indian limitation act, 1908 (hereinafter referred to as the act) can be extended to a suit filed by the plaintiff-appellant under order 21 of rule 103 cpc and is directed against the judgment of ..... terms to the present case. since the suit was filed in the year 1958, the provisions of the indian limitation act, 1908 would be applicable although it is repealed and replaced by the limitation act of 1963. section 14 of the act as it stood men is extracted below:-'14. exclusion of time of proceeding bonafide in court without jurisdiction .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-1998
Reported in : 1998VAD(SC)588; AIR1998SC2676; 1998(2)ALD(Cri)322; 1998(4)ALLMR(SC)389; 1998(2)ALT(Cri)316; [1998]94CompCas75(SC); 1998CriLJ4027; JT1998(5)SC233; (1998)IILLJ794SC; 1999(1)M
..... to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.'explanation 2 was inserted by the employees' state insurance amendment act 38 of 1975. explanation 2 makes 'a person being an employer' who deducts the employee's contribution from the wages payable to the employee liable for ..... owns the factory and is also the employer of its employees at the head office.11. in any event, in the absence of any express provision in the indian penal code incorporating the definition of 'principal employer' in explanation 2 to section 405, this definition cannot be held to apply to the term 'employer' in explanation ..... proceedings on the ground that the respondents cannot be considered as 'employers' within the meaning of explanation 2 to section 405 read with section 406 of the indian penal code. hence they were not liable for prosecution under section 406. from this judgment the present appeal has been filed by the original complainant.3. section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-03-1998
Reported in : 1998VAD(SC)470; AIR1998SC2986; [1998]233ITR434(SC); JT1998(5)SC257; 1998(4)SCALE344; (1998)6SCC267; [1998]3SCR947
..... to british india. after the constitution came into force, the operation of the validation act of 1913 was, therefore, by amendment, excluded from part-b states i.e. territories which were originally native states or outside british india. after the constitution (seventh amendment) act, 1956 abolishing part-b states (inter alia), all the territories which were included in part-b states prior to 1956 ..... were excluded from the validation act, 1913. it is, therefore, contended by the department that the validation act did not apply to the state of hyderabad which was a part .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-1998
Reported in : AIR1998SC3052; JT1998(5)SC348; 1998(4)SCALE431; (1998)6SCC476; [1998]3SCR1074
..... intimated of the weight recorded in the manner as aforesaid.'5. the high court, after referring to section 9(1) of the mines and minerals (regulation and development) act, 1957 (hereinafter called 'the act') and also clause 3 of part v of the lease deed, held as follows :'a distinction has to be made between removal from the mine and removal from ..... contractor from the leased area. we have seen earlier the process that the mineral said to undergo before the same was removed form leased area. section 9(1) of the act also contemplates the levy of royalty on the mineral consumed by the holder of a mining lease in the leased area. if that be so, the case of the appellants ..... 's profession but only concerns itself with the right to practice. it appears that in the instant case also no tax can be levied or is leviable under the impugned act if no mining activities are carried on. hence, it is manifest that it is not related to land as a unit which is the only method of valuation of land .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-13-1998
Reported in : AIR1999SC1934; (1999)1SCC181
..... the case of the petitioners before it for giving at least one post of assistant presenting officer to those who are working in the public services tribunal, may be by amending the g.o. dated 28-1-1982. the government was directed to consider the case of the claimants for such appointment.4. learned counsel appearing for the appellants before us ..... g.o. of 28-1-1982. we also do not find any express direction in the high court order either setting aside the g.o. of 28-1-1982 or amending it. we do not see how such a direction can now be given. even a cursory look at the terms and conditions of service of munsrim and assistant registrar shows .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-19-1998
Reported in : 1998VIAD(SC)220; AIR1998SC2713; 1998(2)CTC742; JT1998(5)SC548; 1998LabIC3012; (1998)IILLJ809SC; 1998(4)SCALE608; (1998)7SCC84; [1998]Supp1SCR22; 1999(1)SLJ271(SC); (1998)3U
..... had accepted the conclusions of the enquiring officer in the entirety.'19. in karunakar's case (supra) the question arose whether after the 42nd amendment of the constitution, when the inquiry officer was other than a disciplinary authority, was the delinquent employee entitled to a copy of the inquiry report ..... accountant of india (supra). the respondent therein, who was a chartered accountant, was accused of misconduct. an inquiry was instituted under the chartered accountants act, 1949. the disciplinary committee after hearing ratna submitted its report to the council opining that he was guilty of professional misconduct. the council considered the ..... 13. the controversy in the present case, however, relates to the case where the disciplinary authority disagrees with the findings of the inquiring authority and acts under regulation - 7 (2). the said sub-regulation does not specifically state that when the disciplinary authority disagrees with the findings of the inquiring authority .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-27-1998
Reported in : AIR1998SC3067; JT1998(5)SC662; 1998(4)SCALE682; (1998)7SCC162; [1998]Supp1SCR130
..... of the nehala reserved forest under the kalahandi forest division. the appellants contend that from 1942 and at any rate from the date when the indian forest act, 1927 was amended by orissa act of 1954, the land is to be deemed to be reserve forest and the 1956 record of rights entry in favour of mayadhar singh treating ..... in 1948. the above is the case of the appellants.6. sri p.n. misra, learned counsel for the appellants strongly relied upon the orissa amendment to the indian forest act, 1927 by orissa act xi of 1954 by which section 20a was inserted w.e.f. 21.05.1954. under section 20a, it is pointed out that apart from ..... the state of orissa, all such original, appellate and other jurisdictions as under the law in force immediately before the date of commencement of the 1951 act - [as amended by the orissa board of revenue (amendment) act, 18 of 1957] - is exercisable in respect of the said territories or any part thereof by the revenue commissioner, orissa and the commissioner, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-01-1998
Reported in : AIR1999SC482; JT1998(6)SC98; 1998(5)SCALE115; (1998)6SCC686; [1998]Supp1SCR252
..... of the period of tenancy. there was also an objection by the tenant that the landlord's appeal was not maintainable in view of the amended provision in section 38 of the act which permitted appeals only on questions of law. that objection was overruled by the tribunal on the ground that the petition for execution was ..... as annexure r-2 referred to above, it is stated thus:'to whom it may concernthe genuineness of the visa/immigration stamp of the federal republic of germany in indian passport no. 2-244359 enclosed herewith look doubtful, since it shows the following deficiencies: spelling mistakes(a) name of the country 'deutschland' is spelt incorrectly as ' ..... accepting the statements of landlord and tenant made before him.30. on the above facts we will consider the relevant rulings in chronological order. in j.r. vohra v. indian export house pvt. ltd., : [1985]2scr899 , a bench of three judges held that when the landlord applies for eviction after expiry of limited period of tenancy, the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-1998
Reported in : AIR1998SC3153; [1998]94CompCas310(SC); (1998)4CompLJ211(SC); 1999(1)CTC273; JT1998(6)SC116; 1998(5)SCALE147; (1998)7SCC105; [1998]Supp1SCR413
..... by the civil court in which any question of law is raised. this section deals with rectification as sec. 155 of the indian companies act of 1956 (as amended in the year 1960) (hereinafter referred to as '1960 act') to which the present case is concerned. since the proviso to the said sec. 38 was deleted, it is urged this ..... in view of divergence of view full bench of the delhi high court was constituted.10. we may also notice that by companies (amendment) act, 1988 section 155 of the act has been omitted from the act with effect from 31.05.1991 and now under sec. 111 the power to rectify the register of members of a company has been ..... adjudication of various claims. it is in this background section 446(2) was brought in, based on the recommendation of company law committee report through an amendment of the companies(amendment) act, 1960. in this background the sudarshan chit (i) ltd. (supra) holds:'sub-section (2) of section 446 confers jurisdiction on the court which is winding up the .....
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