Court : Delhi
Decided on : Sep-22-2005
Reported in : 2005(84)DRJ615
..... imported into india at 90% rebate/concession from the applied rate of import/custom duty. by another notification dated 18.03.2003, the earlier notification was amended granting 100% custom/import duty exemption for import of several items including edible oil manufactured in sri lanka and imported into india under the fta. the ..... petitioners allege that both these notifications were arbitrary, discriminatory and unfair to the indian producers of edible oil and vanaspati. this is, according to the petitioners, so because the landed cost of edible oil/vanaspati manufactured and exported from sri ..... substantive as well as procedural would have to be incorporated in the rules or regulations for the efficacious achievement of the objects and purposes of the act.18. in the light of the above authoritative pronouncements, we have no difficulty in repelling the challenge to the validity of the notifications which flow .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-2005
Reported in : AIR2006Delhi53; 124(2005)DLT124; 2005(84)DRJ516; (2005)141PLR62
..... exercising testamentary jurisdiction, this court does not cease to be a court of equity and when provision of civil procedure code applies in terms of section 295 of the indian succession act, the court while exercising its inherent powers is not without jurisdiction to delete or expunge material which is scandalous, defamatory or libelous. in board of trustees ..... not. it is not concerned with any other arrangement. it has been said over and over again that there is no such thing as conditional probate or an amended probate. it is either all or nothing. that seems to be sensible enough law.' 4. reliance was also placed upon sisir kumar chandra and anr. v. ..... the bequeath or the transfer of property, the high court would be within its jurisdiction to do so. shri sethi also referred to section 295 of indian succession act which provides for the applicability of civil procedure code and thereby contended that the court while exercising power under section 151 of the code of civil procedure can .....
Tag this Judgment!Court : Kerala
Decided on : Sep-22-2005
Reported in : 2005(4)KLT235
..... , respondents 1 and 2 invited applications for admission to the management quota seats, by exts.p4 and p4(a) notifications published in mathrubhoomi and new indian express dailies. the said respondents joined together and conducted an entrance test of their own, on 24.07.2005. since applications were invited without giving ..... valid or not. section 2(c) of the kerala self financing professional colleges (prohibition of capitation fees and procedure for admission and fixation of fees) act, 2004, defines consortium as follows:' 'consortium' means an association of self financing professional colleges, consisting of more than fifty percent of the total number of ..... institutions of that particular type such as engineering technology, medical/dental/pharmacy/ayurveda/homoeopathy/siddha and nursing.' (emphasis supplied)section 3(4) of the act reads as follows:'seats in the management quota shall be filled up either from the list prepared on the basis of the common entrance examination conducted .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-22-2005
Reported in : 2006(3)AWC2434
..... re-enter upon the land:provided that where the period of five years has expired before the commencement of the uttar pradesh urban planning and development (amendment) act, 1997, or where the period of five years expires within one year after such commencement, the charge shall be realizable after a period of one ..... out of the order of the vice chairman, lucknow development authority, cancelling the earlier order dated january 31, 1985, granting permission under section 15 of the act in favour of the respondent lessees to develop the lease hold property by erecting thereon a multi-storeyed building called 'balrampur towers'.73. the controversy arose, ..... violation of the principles of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged..28. in the case of harbanslal sahnia and anr. v. indian oil corporation ltd. and ors. : air2003sc2120 , the supreme court, while considering the question of availability of alternative remedy, .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-22-2005
Reported in : RLW2006(4)Raj2865; 2004(2)WLC436
..... order nor cared to decide the objections in lawful manner. it is true that later on after issuance of the charge-sheet the rules of 1957 were amended and cca rules were made applicable. but, the fact remains that the enquiry proceedings are initiated under rule 16 of the cca rules which was not applicable ..... article 309 which is reproduced hereunder:309. recruitment and conditions of service of persons serving the union or a state-subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the ..... conditions of patwaris, if any, made by the governor under proviso to article 309 ceased to operate from the date of commencement of the rajasthan land revenue act, 1956 (for short 'the act of 1956' hereinafter) and rajasthan land revenue (land records) rules, 1957 (in short, 'the rules of 1957' hereinafter) because under the rules of .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2005
Reported in : (2005)199CTR(Kar)329; [2006]285ITR97(KAR); [2006]285ITR97(Karn)
..... the order that the interest on securities cannot be brought to tax but only the interest on loans and advances are chargeable to tax as amended by the finance act. the tribunal ruled that the authorities are not justified in bringing to tax interest on securities for all the four years under appeal.3 ..... the second question of law referred to us. he would refer to the objects of interest-tax act and in particular he invites our attention to the indian securities act, 1920, public debt act, 1944, the security (contract regulation) act, 1956 and the dictionary meaning of 'loan' in support of his submission. he would argue that ..... on securities. therefore, according to revenue this exemption notification would reveal a legislative intention in the matter. it is also argued before us that the indian securities act defined the term government security meaning thereby promissory notes, stock certificates and other securities issued by the central government or state government. our attention is also .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-23-2005
Reported in : AIR2005SC3660; 2005(102)ECC417; 2005(188)ELT149(SC); 2005(7)SCALE459; (2005)7SCC749
..... 11a of the act prior to the 2000 amendment. after the amendment in section 11a in 2000, it can be said that the approval of the classification list supplied by the assessee cannot take away the conferment ..... recovered on the ground that it was a short levy and therefore, the erstwhile rule 10 of the central excise rules or section 11a of the act (prior to the 2000 amendment) had no application. this constitution bench decision of this court was, however, concerned with the erstwhile rule 10 of the central excise rules and section ..... erroneously refunded to initiate recovery proceedings within six months from the relevant date. however, rule 10 of the central excise rules and section 11aof the act prior to the 2000 amendment, did not say that recovery of duties not levied or not paid or short-levied or not paid in full or erroneously refunded could be done .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2005
Reported in : ILR2006KAR498; 2006(6)KarLJ652
..... robson & company ilr (vol. xliii 394) while considering section 42 cpc under order 21 rules 6 and 50, the court observed as under:where an award made under the indian arbitration act, 1899 has been made a rule of court, it may be transferred for execution to another court just in the same way as a decree, and the court to which ..... has no power to meddle or interfere with the jurisdiction of the civil court, in that view of the matter, it is held the registrar could not alter or amend the decree passed by the arbitrator when the matter is pending before the executing court.14. that in so far as the powers of the registrar of co-operative societies ..... accepting the first instalment were in excess of the jurisdiction conferred on him and the executing court was entitled to ignore it. moreover, the registrar could not alter or amend the decree passed by the arbitrator at this stage.12. there cannot be any dispute regarding the principles in so far as the recovery of the amount by two methods .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-24-2005
Reported in : AIR2006All23; 2006(1)AWC504
..... the parties upon a court which has not been granted territorial or pecuniary or other (subject matter related) jurisdiction by statute.12. under section 28 of the indian contract act, 1872, the parties by their agreement are not permitted to totally exclude the jurisdiction of civil courts which has been created by statute however, where several civil ..... permits exception to be taken to narration of additional facts by way of amendment application or by way of supplementary affidavit in a writ petition6. the contention of the petitioner with regard to territorial jurisdiction is that because the communication of the ..... of contracts where the pleadings of 'readiness and willingness' required under section 16(1)(c) of the specific relief act has not been made originally in the plaint and is sought to be added by amendment of the plaint. apart from the above three cases, we are not aware of any other principle of law which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2005
Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)
..... only a director of the company can be appointed as an occupier of the factory, has been, on the facts of the particular case distinguished by this court in indian oil corporation ltd. v. chief inspector of factories : (1998)iillj604sc. this court held that in the case of the appellant-corporation it will have to be held ..... named as manager of the factory. in the instant case, there is no such allegation or evidence led.14. considering a case under the 'esi act' and certain provisions of the indian penal code, 1860 (in short the 'ipc'), this court in employees state insurance corporation v. s.k. aggrawal and ors. : 1998crilj4027 observed as follows:'4. section 2(17) ..... the amendments brought in by the madhya pradesh act of 1964 have not been kept 1n view. the high court erroneously proceeded on the basis as if the directors were occupiers to hold that the decision of this court in j.k. industries and ors. v. chief inspector of factories and boilers and ors. : (1997)illj722sc applied to the .....
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