Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: recent Court: mumbai Page 1 of about 6,145 results (0.111 seconds)

Employees' State Insurance Corporation Vs. Cortalim Shipyard and Engin ...

Court : Mumbai

Reported in : [2006]130CompCas295(Bom); [2006(106)FLR551]

..... of directors of the company more vigilant and responsive to the need to carry out various obligations and duties under the act, particularly in regard to the safety and welfare of the workers. proviso (ii) was introduced by the amending act, couched in a mandatory form : 'any one of the directors shall be deemed to be the occupier'--keeping ..... of the company. all of them were prosecuted as principal employers of a1 company.21. in the case of j.k. industries ltd. v. chief inspector of factories and boilers : (1997)illj722sc : [1997] 88 comp cas 285, the supreme court stated that there is a vast difference between a person having ultimate control of the affairs of ..... employers', being occupiers of the factory and were liable to be prosecuted for the offence of criminal breach of trust under explanation 2 to section 405 of the indian penal code, for their failure to deposit the amount deducted by them as principal employers, from the wages of the employees.17. that was an authority for the .....

Century Rayon Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2003(2)BomCR207; 2002(84)ECC46; 2002(142)ELT319(Bom)

..... a company registered under the indian companies act, 1956, engaged, inter alia, in the manufacture of excisable goods, having its factory, inter alia, at shahad, taluka - kalyan, dist. thane. the 2nd petitioner is the vice president (finance) of the first petitioner/company.3. the petitioners have coal fired boiler for generating steam in their ..... of duty. notwithstanding the view of the tribunal that cinder obtained by burning coal in boiler did not constitute manufacture, by subsequent another notification bearing no. 11/96, dated 23rd july, 1996, earlier notification came to be amended and the exemption granted to cinder came to be withdrawn. the board again issued ..... and violative of article 14 of the constitution of india.the arguments:10. the learned counsel for the petitioners submitted that cinder by burning coal in boilers during the process of manufacture of excisable goods did not constitute manufacture or production of excisable commodity. sine qua non for levy of duty of excise .....

Commissioner of Customs, Kandla Vs. Indo Nissan Oxo Chemicals

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)(147)ELT490Tri(Mum.)bai

..... 1450 is concerned that was the case under drugs act, 1940 as amended by drugs and cosmetics amendment act, 1944. in our view the scheme of the said act is different from the scheme of the customs act.the customs act is a revenue earning legislation viz. taxing statute whereas drug act is a regulatory act. hence the decision in the said case may not ..... have refused to purchase saying that the products are not suitable for blending into any of their finished products. therefore, they are using as fuel in their boiler. the party vide their no.112/20/c/3000 dated 10.3.92 has given details about chemistry of the raw naptha. they have attached a schematically ..... is that the end product should be used for manufacture of fertilisers and petrochemicals. he further stated that in view of judgment of the supreme court in indian aluminium co. case reported in 55 elt 454 for taking benefits of exemption notification whatever conditions have been mentioned in notification they have to be complied with .....

Amalgamated Electricity Co. Ltd. Vs. Commissioner of Income-tax, Bomba ...

Court : Mumbai

Reported in : [1974]97ITR334(Bom)

..... and section 4 of the income-tax (amendment) act, 1972 (act no. 41 of 1972), makes the insertion of the amended provision operative with retrospective effect from the assessment year commencing from 1st day of april, 1957, and onwards. section 4 runs as follows : '4. nothing contained in the indian income-tax act, 1922 (11 of 1922), shall be deemed ..... that electric machinery in clause e should be read as excluding from its scope overhead cables and wires. the use of the expression 'electric plant, machinery, boilers' in clause e appears to have been made in a comprehensive sense so as to include parts of the plants as well as electric machinery. clause e ..... will have to be considered under entry iii (3) e of rule 8 which entry runs as follows : 'e. - electric supply undertakings - (i) electric plant, machinery, boilers. (ii) hydro-electric concerns - hydraulic works, pipe lines and sluices (n.e.s.a.)' 32. having regard to the classification and sub-classification made under rule 8 under .....

Shakti Yezdani and Others Vs. Jayanand Jayant Salgaonkar and Others

Court : Mumbai

..... court of calcutta. the question to be asked is why the word absolutely hitherto before existing in section 5 of the employees' provident funds act, 1925 was deliberately omitted by the amending act xi of 1946. was it the intention of the legislature that even after omission of the said word from the said provision, the nominee ..... who are entitled to inherit securities or shares under the law of inheritance? (iii) whether a bequest made in a will executed in accordance with the indian succession act, 1925 in respect of shares or securities of the deceased supersedes the nomination made under the provisions of sections 109a and bye-law no.9.11 framed ..... provisions of this part shall constitute the law of [india] applicable to all cases of testamentary succession. sections 109a was not on the statute book when the indian succession act,1925 came into force. we do not see how the said provision will help the appellants. 34. the provisions relating to nominations under the various enactments have .....

Eskays Construction Pvt. Ltd. Vs. Soma Papers and Industries Ltd. and ...

Court : Mumbai

..... 16 august, 2016. it is called the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) act, 2016. the preamble of this amending act indicates that the same was intended to further amend the sarfaesi act, the rddb act, the indian stamp act, 1899 and the depository act, 1996 and for matters connected therewith or incidental thereto. 14. having noted the purpose and object of the ..... act, we shall now deal with the rival contentions. the first argument canvassed by mr dhakephalkar was that the order dated .....

Meera Metal Industries Vs. Commissioner of Sales Tax, Mumbai

Court : Mumbai

..... and treated with stick-resistant coatings12%10%1.7.1982 to 30.9.1995 5. thereafter, on 1 october, 1995 substantial amendments were made to the bst act, as a result of which the schedules appended to the bst act underwent radical changes. in fact they were replaced by entirely new schedules altogether. schedule entry c-ii-17 relating to utensils made ..... c-ii-26 (after amendment). he, therefore, submitted that the products of the applicant could not have been classified under c-ii-17 or c-ii-24. 12. he submitted that the dictionary meaning of the term anodizing is a process to produce a durable film on the surface by electrolysis action in which the metal acts as an anode. mr ..... c-ii-24 (after amendment), the following basic conditions are to be fulfilled:- (1) the utensil is made of non-ferrous metal; and (2) this utensil made of non-ferrous metal should not be covered in any other entry either in schedule 'c' or any other schedule to the bombay sales tax act. 20. in schedule entry c-ii-17 .....

Rasiklal Manikchand Dhariwal and Others Vs. Kishore Wadhwani and Anoth ...

Court : Mumbai

..... for marketing similar goods and thereby passing off their goods as the goods of the plaintiffs. after obtaining registration of their trade mark manikchand , the plaintiffs have amended the suit and included the relief against infringement of their registered trade mark. 3. on the other hand, it is the case of the defendants that defendant ..... to it. it is another matter if the unsuccessful party were to allege (in a subsequent suit) that his opponent prevented him by an independent collateral wrongful act from bringing the truth before the court, say by stealing his documents or deceiving or confining his witnesses. that would be something extraneous to the judgment obtained by ..... entered thereon, it is no longer open for the unsuccessful party to impeach that evidence in a subsequent suit by alleging that it was perjured evidence or an act of deceit or fabrication. after all the judgment of the court decides the very questions, namely, whether or not the testimony of any witness is true or .....

Purushottam Vs. Narayan

Court : Mumbai Aurangabad

..... by the respondent-plaintiff. another contention raised by adv. sant that the present appeal has become infructuous since the appellant has acted upon the order of remand and had also filed the amended written statement jointly along with the added defendant, also do not deserve any consideration, is liable to be rejected. 25. ..... orders, the matter has already been remanded to the trial court and thereafter the present appellant along with added respondent viz. ratilal choudhari has filed the amended written statement to the suit for partition filed by the respondent. the learned counsel submitted that the appellant is thus now estopped from raising any objection ..... grounds. the learned counsel further submitted that the learned district judge has also failed in appreciating that the application seeking amendment in the pleadings is also governed by article 137 of the limitation act and as such, any application filed after the period of three years from the date of accrual of the cause .....

Bhujanga Abba Patil (since deceased) Vs. Dnyanu Ramchandra Powar (sinc ...

Court : Mumbai

..... led through various witnesses of both the parties. he submits that initially the plaintiffs had filed a suit simplicitor for perpetual injunction but the plaint was subsequently amended. the plaintiffs had applied for removal of encroachment against the defendants. it is submitted by the learned counsel for the plaintiffs that larger plot forming part ..... suit for perpetual injunction against the defendants inter alia praying for injunction restraining the defendants from resorting to high handed action. the plaintiffs made an application for amendment in the plaint. it was averred that the plaintiffs' suit field block no.61 was inclusive of north-south bandh running between the field of the ..... 6 acres 20 gunthas to the defendants. he submits that since the suit filed by the plaintiffs was based on title, article 65 of the limitation act was applicable. the suit filed by the plaintiffs was thus within the time prescribed therein. he submits that the plaintiffs can file a suit any time .....