Judgment Search Results Home > Cases Phrase: institutes of technology amendment act 2002 section 4 amendment of section 4 Sorted by: old Court: chennai Page 11 of about 708 results (0.147 seconds)

M/s. SRF Ltd. Vs. Customs, Excise and Service Tax and Another

Court : Chennai

..... justice of a.p vs. l.v.a dixitulu, reported in (1979) 2 scc 34. 2. union of india vs. pramod gupta (2005) 12 scc 1; and 3. national institute of technology vs. niraj kumar singh reported in (2007) 2 scc 481. in the above judgments, it has been held that an order passed without jurisdiction, is nullity. 20. in the decision ..... :- 20. the legal position is no more res integra that an award and decree having become final under the la act cannot be amended or altered seeking enhancement of the statutory benefits under the amended provisions brought in by the amendment act in the la act by filing petitions under section 151 and section 152 cpc. in view of this, the award and .....

Rafeeq Ahmed Mustafa Vs. The Assistant Commissioner of Customs, Airpor ...

Court : Chennai

..... as sufficient grounds for not giving effect to the order of the commissioner of customs (appeals), dated 16.9.2011. even though the national centre for mass spectrometry, indian institute of chemical technology, hyderabad, had by its communication, dated 9.12.2010, had opined that the samples of the goods imported sent to it, did not show any presence of pesticides or ..... power to have the matter satisfactorily resolved by taking up the issue to the appellate collector or the appellate tribunal as the case may be. in the light of these amended provisions, there can be no jurisdiction for any assistant collector or collector refusing to follow the order of the appellate collector or the appellate tribunal, as the case may be .....

Syed Althaf Ali and Others Vs. The Assistant Commissioner of Customs, ...

Court : Chennai

..... as sufficient grounds for not giving effect to the order of the commissioner of customs (appeals), dated 16.9.2011. even though the national centre for mass spectrometry, indian institute of chemical technology, hyderabad, had by its communication, dated 9.12.2010, had opined that the samples of the goods imported sent to it, did not show any presence of pesticides or ..... power to have the matter satisfactorily resolved by taking up the issue to the appellate collector or the appellate tribunal as the case may be. in the light of these amended provisions, there can be no jurisdiction for any assistant collector or collector refusing to follow the order of the appellate collector or the appellate tribunal, as the case may be .....

Cosmopolitan Club, Rep. by Its Honorary Secretary, Chennai, Vs. the Ta ...

Court : Chennai

Reported in : [2002]127STC475(Mad)

..... the presidency club, the madras boat club, the gandhinagar club, as also the clubs in the queen of hill stations, udhagamandalam - ootacamund club, ootacamund gymkhana club and lawley institute, as also the club in coonoor, had petitioned the tribunal inter alia, to declare that sales-tax is not leviable on the supply of refreshments to their members. some ..... 1951, culminating in the decision of the apex court in 1970 in the case of y.m.i.a. the original legislative intent was restored by the 46th amendment to the constitution in 1982 and state legislation subsequently enacted in conformity with article 366(29a).24. as observed in one of the judgments of this court already ..... (vi) of section 2(n) of the tamil nadu general sales tax act. sales tax is being levied on the sale of refreshments in clubs ever since that amendment was effected to the tamil nadu act. 15. in these petitions the petitioner clubs impugn the correctness of the decision of the tamil nadu special taxation tribunal which has .....

All India Skins and Hides Tanners and Merchant Association, Chennai Vs ...

Court : Chennai

Reported in : [2002]127STC491(Mad)

..... that would not make any difference to the taxability of the transaction under consideration here. the statement of objects and reasons which preceded the passing of the constitution 46th amendment bill, sets out, inter alia, that 'while sale by a registered club or other association of persons (the club or association of persons having corporate status) ..... constitution. transfer of title to the goods, which was regarded as an essential ingredient of sale, prior to the constitutional amendment, was no longer, in certain circumstances, an essential ingredient of sale. 7. sub-clause (f) of article 366 clause 29-a makes it abundantly clear that the ..... supply, and a purchase of those goods by the persons to whom such transfer, delivery or supply is made.' 6. the law that existed prior to that amendment to the constitution with regard to the essential ingredients of a sale, thus was radically altered by the introduction of clause 29-a in article 366 of the .....

A.M. Kandasamy Vs. Corporation of Madras, Represented by Its Commissio ...

Court : Chennai

Reported in : AIR2002Mad318; (2002)1MLJ599

..... 11 of the act requires the board to undertake various activities to regulate the business of the securities market which requires constant and continuing supervision including investigation and instituting legal proceedings against the offending traders, wherever necessary. such activities are clearly regulatory activities and the board is empowered under section 11 (2) (k) to ..... rules, their lordships have held as follows:- (para 17)'17. we are of the view that the high court fell into error in quashing the impugned amendments. the enhanced fee, in this case, is justified on the legal as well as the factual anvil of quid pro quo. apart from the appointment of registrar ..... and unreasonable restriction on trade. the high court came to the conclusion that the necessary element of quid pro quo was absent and as such struck-down the amendment on the said ground. reversing the judgment of the high court, the supreme court in commissioner and secretary to govt. c.t. & r.e. department v .....

V.R. Gopalakrishnan Vs. Andiammal and Chinna Perumal

Court : Chennai

Reported in : (2002)1MLJ728

..... certainly that court will have no jurisdiction to hear the matter. similarly, if the value of the suit exceeds the pecuniary jurisdiction of the court in which the suit is instituted, then again that court will have no jurisdiction. in the course of considering a preliminary issue as to whether there is a statutory bar to the suit, court can record ..... that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined. this rule came to be amended by amendment act 104 of 1976 and the rule as it stands today reads thus:- ' where issues both of law and fact arise in the same suit, and the court is ..... the decision on that issue. 11. if the above provisions are carefully examined, it can be seen that earlier, the law makers employed the word 'shall' and now in the amendment, the word 'shall' has been replaced by the word 'may'. in view of the conscious replacement by the legislators, it cannot be urged that the word 'may' should be .....

Rt Rev Dr. V. Devasahyam, Bishop in Madras Csi and anr. Vs. D. Sahayad ...

Court : Chennai

Reported in : (2002)1MLJ501

..... dispossess him. the appellant/plaintiff filed the suit on 25.6.99 for a decree of permanent injunction restraining defendant nos. 1 to 5 from dispossessing him. along with the institution of the suit he moved an application under order 39, rules 1 and 2 of the code of civil procedure to pass an ad-interim injunction restraining the respondents 1 ..... injunction, direct notice of the application to be given to theopposite party, except where it appears that object of granting injunction itself would be defeated by delay. by the civil procedure code (amendment) act, 1976, a proviso has been added to the said rule saying that 'where it is proposed to grant an injunction without giving notice of the application to the opposite .....

K. Jayakumar Vs. Robert,

Court : Chennai

Reported in : (2002)2MLJ112

..... a local telegram to the plaintiff that he was present at the office of the sub registrar, but that the plaintiff remained absent. some one year later the plaintiff instituted the suit seeking specific performance. the most import feature of the written statement was that the defendant nowhere asserted that he had gone to the sub registrar's office ..... the date of the filing of the additional written statement. since the plaintiff was not ready and she was not having the amount, she had filed an application to amend the plaint only with a view to drag on the proceedings. there were no merits or bona fides in the suit.5. on the above pleadings, the following ..... file the suit. the delay was wilful and wanton. the suit was liable to be dismissed.4. in the additional written statement which was filed after the plaint was amended seeking the relief of recovery of possession, it is stated that the relief for possession prayed for was barred by limitation. the plaintiff was never ready and willing to .....

Cit Vs. the Madras Motors Ltd.

Court : Chennai

Reported in : (2002)174CTR(Mad)221

..... denominator in the prescribed formula was tried to be inflated by including the sales-tax and the excise duty into the same. though the court was considering the amended section, its observations are apposite. the bombay high court in that case took into account the object of the section and observed as under :'in the circumstances, ..... on that count would be liable to be included in the total turnover so as to increase the denominator. the tribunal has taken into account the subsequent amendments to the section in order to arrive at the correct interpretation and on that basis has held that it was always in the mind of the legislature that ..... the industrial undertaking had directly to yield that profit.'(emphasis, here italicised in print, supplied)the high court subsequently had taken a contrary view basing itself on the amendment to section 28. realising this contrary stand taken by the high court, the apex court set aside the subsequent contrary judgment. the apex court then went on .....