Judgment Search Results Home > Cases Phrase: indian lighthouse act 1927 amending act iv lighthouse amendment act 1985 Page 1 of about 728 results (0.100 seconds)

Laxmi Starch Limited Vs. Union of India

Court : Andhra Pradesh

Reported in : 1994(1)ALT426; 1993(43)ECC1; 1993(67)ELT769(AP)

..... the incidence of such duty had not been passed on by him to any other person : provided that there an application for refund has been made before the commencement of the central excise and customs laws (amendment) act, 1991, such application shall be deemed to have been under this sub- section and the same shall be dealt with in accordance with the provisions of sub-section (2) : provided further that the limitation ..... from the above discussion the following principles emerge :- (i) the power given to legislature by article 246 read with the relevant entries in the three lists of the seventh schedule to the indian constitution, are field for legislation or legislative heads of fields of legislation and that the widest amplitude should be given to the language of entries and that each word should be held to extend on ancillary ..... goods specified in the schedule to the central excise tariff act, 1985 as being subject to duty of excise and includes salt. ..... 13/85-c, dated 9-1-1985 passed by the cegat/7th respondent and to quash the same and for a further declaration that the customs duty was payable by the petitioner under customs tariff heading 3801/06 instead of under customs tariff heading 3801/19 during the period from 1-11-1976 to 28-2-1978, and that collection of the duty was illegal and unauthorised under the customs act read with the customs tariff act and violative of ..... 12309/88 for the period from 28-6-1985 to 25- 9-1985 and seeks a direction to the respondents to refunds .....

Naveen Gun House and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR2003All187; 2003(2)AWC894; (2003)1UPLBEC709

..... judicial pronouncement cited by the learned counsel for the petitioners do not appear to be relevant to the question whether the state government is competent to amend indian stamp act by imposing stamp duty on the licence of the arms and ammunition and whether by doing so, the state government has encroached upon the legislative power ..... the state legislature as ultra vires and for a mandamus directing the respondents not to realize the stamp duty on the basis of the amendment made in the indian stamp act and further to renew the licence of the petitioners forthwith, without compelling them to deposit stamp duty on renewal of their licence.2. ..... amended indian stamp act, 1899 in its application to uttar pradesh by indian stamp act (uttar pradesh 2nd amendment) act, 1997 (act ..... this writ petition is about the vires of the indian stamp (uttar pradesh second amendment) act, 1997 by which a new article 38a has been inserted in schedule 1b to the indian stamp act...............8. ..... alleged that the impugned amendment made in the indian stamp act is ultra vires of ..... has clearly provided fees for which the licence is to be granted to individual as well as to dealers and section 13 of the act states the conditions and fees to be imposed for grant of licence or for its renewals meaning thereby the state legislature did not have any authority nor legislative competence to make any amendment in the arms act directly or indirectly or to impose any condition for grant of licence or its renewal. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... the provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation ..... three reasons: first, article 213 unlike other provisions of the constitution (such as articles 358(1) and 359(1)) does not have a savings clause which saves the actions or things done when the 197 air1962sc945198 (1985) 3 scc198149 part e ordinance was in force; second, the theory of enduring rights attributes a degree of permanence to the power to promulgate ordinances which derogates from the principle of parliamentary supremacy; and third, in sr ..... rao scindia (supra) held that the guarantee under article 291 could not be abrogated by a mere executive act of de-recognising the erstwhile rulers of the indian states, the subsequent decision in raghunathrao ganpatrao (supra) upheld the act of abrogation once it was backed by a constitutional amendment which deleted the provisions for the payment of privy purses.400. ..... working theory of sovereignty i, political science quarterly, volume 42, issue 4, december 1927, pages 524 548; 154 dicey, law of the constitution (8th ed. ..... lighthouses, including lightships, beacons and other provisions for the .....

United States Vs. Gaubert

Court : US Supreme Court

..... . 61 (1956), the united states was held liable for, among other things, the failure of coast guard maintenance personnel adequately to inspect electrical equipment in a lighthouse; though there could conceivably be policy reasons for conducting only superficial inspections, the decisions had been made by the maintenance personnel, and it was assuredly not their responsibility to ponder ..... 315 certiorari to the united states court of appeals for the fifth circuit syllabus when the events in this case occurred, the home owners' loan act authorized the federal home loan bank board (fhlbb) to proscribe rules and regulations providing "for the organization, incorporation, examination, and regulation" of federal savings and loan associations, and to issue charters, " ..... iv we now inquire whether the court of appeals was correct in holding that some of the acts alleged in gaubert's amended complaint were not discretionary acts within the meaning of 2680(a) ..... . the court of appeals misinterpreted berkovitz's reference to indian towing as perpetuating a nonexistent dichotomy between discretionary functions and ..... is the decision below supported by indian towing ..... , the fhlbb and fhlb-dallas officials were only protected by the discretionary function exception until their actions became operational in nature, and thus crossed the line established in indian towing ..... on this court's decision in indian towing co. v ..... relying on indian towing ..... . in indian towing ..... . 15 ; indian towing, supra, nor .....

Block Vs. Neal

Court : US Supreme Court

..... the court of appeals found that respondent's complaint stated a claim for negligence under the principle "that one who undertakes to act, even though gratuitously, is required to act carefully and with the exercise of due care and will be liable for injuries proximately caused by failure to use such care." ..... 3 ] nor are we called on to consider whether recovery is barred by any other provision of the tort claims act, including the exception for any action "based upon the exercise or performance or the failure to exercise or perform a discretionary ..... ] finally, we examined the national housing act of 1934, as amended, under which the fha had conducted its appraisal, and found nothing to indicate "that congress intended, in a case such as this, to limit or suspend the application of the misrepresentation' exception of the tort claims act." id. ..... for damages to a vessel which ran aground due to the coast guard's alleged negligence in maintaining a lighthouse, did not "aris[e] out of . . . ..... respondent then brought an action in federal district court under the federal tort claims act (ftca), alleging that the defects were partly attributable to fmha's employees' failure properly to inspect and supervise construction ..... 293 the construction of respondent's home was created either by the federal housing act of 1949 and the regulations promulgated thereunder or by the various agreements between ..... claim in indian towing co. ..... 1957); indian towing co. ..... ] the court cited, inter alia, indian towing co. v. .....

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... the restriction to be imposed and to what extent; (e) whether the freedom should be to the individual or also to trade and commerce as a whole; (f) what to do with the existing laws in british india and more so, in the acceding indian states; (g) whether any special provisions were needed for emergencies; (h) what should be the special provisions to enable the states to levy taxes on sale of goods, which taxes were to be the main source of income for the ..... any existing law except in so far as the president may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955, in so far as it relates to, or prevent parliament or the legislature of a state from making any law relating to, any such matter as is referred to in sub- clause (ii) of clause (6) of article 19 ..... production, supply, and distribution of commodities, have power to pass any law or take any executive action prohibiting or restricting the entry into, or export from, the province of goods of any class or description; or (b) by virtue of anything in this act have power to impose any tax, cess, toll, or due which, as between goods manufactured or produced in the province and similar goods not so manufactured or produced, discriminates in favour of the former, or which, in the ..... of south australia (1927) 40 ..... . (1985) 1 scc641 levy of indirect tax on newspaper industry, through levies on imported newsprints was challenged as .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... be void or inoperative on the ground that they are repugnant to the laws of england, or to the provisions of the indian independence act or any existing or future act of parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the legislature of the dominion of india shall include the power to repeal or amend any such act, order, rule or regulation in so far as it is part of the law of the dominion (see sub-section ..... article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that, the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article ..... 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article ..... in its madras session in 1927, the indian national congress firmly laid down that the basis of the future constitution ..... .....

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... first question relates to the period when the government of this country was unitary in form and was constituted under the indian councils act, 1861, as amended from time to time up to the stage of the introduction of the morley-minto reforms, when the indian legislature achieved the status of a political debating society and when as a result of the undoing of the partition of bengal ..... exceptional type of delegation has been classified by the donoughmore committee under four heads, namely - (i) power to legislate on matters of principle and even to impose taxation; (ii) power to amend acts of parliament, either the act by which the powers are delegated or other acts (nicknamed as henry viii clause); (iii) power conferring so wide a discretion on a minister, that it is almost impossible to know what limit parliament did intend to impose; ..... delegation of legislative powers, and while conceding, in view of the privy council decisions already referred to, that the governor-general (whose legislative power in emergencies was co-extensive with that of the indian legislature) could not be regarded as a delegate of the imperial parliament and that, therefore, the maxim delegatus non potest delegare had no application, nevertheless expressed the opinion that 'there is ..... 1(2) of the road transport lighting act, 1927, provided that' the minister of transport may exempt wholly or partially, vehicles of particular kinds from the requirements of the act, 'and sub-section (3) empowered him ..... 1927 .....

The Automobile Transport (Rajasthan) Ltd. Vs. the State of Rajasthan a ...

Court : Supreme Court of India

Reported in : AIR1962SC1406; [1963]1SCR491

..... to be imposed and to what extent; (e) whether the freedom should be to the individual or also to trade and commerce as a whole; (f) what to do with the existing laws in british india and more so, in the acceding indian states; (g) whether any special provisions were needed for emergencies; (h) what should be the special provisions to enable the states to levy taxes on sale of goods, which taxes were to be the main source of income for the ..... a position to see how in australia the difficulties were surmounted and how in india those difficulties were envisaged and tried to be met by proper legislative enactments : before we proceed to an examination of the provisions in the indian constitution and their evolution, we will refer to the provisions on the subject of freedom of trade and commerce in the constitutions of canada and the united states of america because they were also precedents which were available. ..... existing law except in so far as the president may by order otherwise direct, and nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955, in so far as it relates to, or prevent parliament or the legislature of a state from making any law relating to any such matter as is referred to in sub-clause (ii) of clause (6) of article 19. ..... thus, just before the establishment of the indian statutory commission in 1927 there was only dyarchy working, but the sources of revenue were divided between the .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... determining whether section 4(2)(c) fell foul of the constitution, which was based on the test laid down in s and marper v the united kingdom400: in addressing the question whether section 4(2)(c) of the 1985 act (as amended) was reasonably justifiable in a democratic society the supreme court drew on jurisprudence of the european court of human rights in s v the united kingdom in substance the the court asked whether 400 [ ..... in a rigid sense, the following statement of the law by chief justice mukherjea in ram sahib ram jawaya kapur v state of punjab566 is widely regarded as defining the core of its content: 12 the indian constitution has not indeed recognised the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the government have been sufficiently differentiated and consequently it can ..... houses were to be settled by a majority vote in a joint sitting of both houses convened by the president money bills were defined in the draft as 83 b shiva rao, the framing of india s constitution: a study, indian institution of public administration (1968), at page 420 84 ibid 111 part e comprising bills proposing the imposition or increase of any tax, regulating the borrowing of money by the government of india or the giving of financial guarantees, ..... in its madras session of december 1927, the indian national congress, as a response to the setting up of the simon commission (which did not have any indian members) decided to set up an .....