Judgment Search Results Home > Cases Phrase: inter state corporations act 1957 Page 1 of about 120,877 results (0.258 seconds)

Bihar State Small Industries Corporation Ltd., Bihar State Pharmaceuti ...

Court : Patna

..... unless the schedule of the inter state corporations act, 1957 is amended by the central government by issuing a notification so as to include the bihar reorganization act, the government companies included in schedule-9 of the reorganization act cannot be treated as inter state corporations appears to be misconceived as section 5 of the reorganization act, as amended by the bombay re-organization act, 1960, is only an enabling provision to enable the central government to amend the schedule of the inter state corporations act, 1957 so as to include any other state act in the schedule of the inter state corporations act, 1957 so that the companies which have been constituted under the state act becomes inter state corporations. ..... with reference to sections 2 and 3 of the inter state corporations act, 1957, as amended by the bombay reorganization act, 1960, it was further submitted by the counsel for the workers' union that the aforesaid three companies by virtue of the provisions contained in the reorganization act have become inter state corporations and if the state government is of the view that the corporations be dissolved the state government may frame a scheme for dissolution and forward the scheme to the central government for its approval and until such scheme .....

Bihar State Small Industries Corporation Ltd., Vs. State of Bihar

Court : Patna

..... unless the schedule to the inter-state corporations act, 1957, is amended by the central government by issuing a notification so as to include the bihar reorganisation act, the government companies included in schedule 9 to the reorganisation act cannot be treated as inter-state corporations appears to be misconceived as section 5 of the reorganisation act, as amended by the bombay reorganisation act, 1960, is only an enabling provision to enable the central government to amend the schedule to the inter-state corporations act, 1957, so as to include any other state act in the schedule to the inter-state corporations act, 1957, so that the companies which have been constituted under the state act become inter-state corporations. ..... with reference to sections 2 and 3 of the inter-state corporations act, 1957, as amended by the bombay reorganisation act, 1960, it was further submitted by counsel for the workers' union that the aforesaid three companies by virtue of the provisions contained in the reorganisation act have become inter-state corporations and if the state government is of the view that the corporations be dissolved the state government may frame a scheme for dissolution and forward the scheme to the central government for its approval and until such scheme is framed .....

Harbhajan Singh Vs. State Of Haryana

Court : Supreme Court of India

..... the inter-state corporation act, 1957 was enacted as per section 109 of the state reorganisation act, 1956 as a transitional provision for the purpose of reconstitution/dissolution/ reorganisation of certain corporations functioning in two or more states. ..... (ii) - whether section 72 of the punjab reorganisation act, 1966 and sections 3 and 4 of the inter-state corporation act, 1957 were transitional provisions to meet the immediate requirement of the issues arising out of creation of separate states?. 26 30. ..... (ii) whether section 72 of the punjab reorganisation act, 1966 and sections 3 and 4 of the inter-state corporation act, 1957 were transitional provisions to meet the immediate requirement of the issues arising out of creation of separate states?. ..... the stand of the union is that as per section 3 of the 1957 act, the state governments were enabled to frame the scheme in respect of any inter-state corporation functioning within the state, but the scheme had to be forwarded to the central government. ..... therefore, in respect of such inter-state corporations, the central government could issue directions in terms of the 1957 act only to give effect to the reorganisation of states so that the inter-state entity is able to function and discharge the statutory mandate in the states so constituted. .....

Siddhu Kanhu University Etc. Vs. Dr. Arjun Prasad Sinha and ors.

Court : Jharkhand

Reported in : [2003(4)JCR1(Jhr)]

..... we think that there is no need to place a restrictive interpretation on section 66 of the re-organisation act or to go to the definition of inter-state corporate in inter-state corporation act, 1957 in this context. ..... the learned government counsel argued that section 66 of the re-organisation act had no application since the service commission was not an inter-state body corporate as defined in the inter-state corporation act, 1957. ..... may be, in a strict sense, there should have been a corresponding amendment of the schedule to the inter-state corporation act, 1957. ..... of course, as rightly pointed out by him, this is not an inter-state corporation constituted under any of the acts included in the schedule to that act, since the university commission act is not in the schedule to that act, the corporation cannot be treated as an inter-state corporation. ..... but we find that it is by virtue of the provision in part ii of the reorganisation act that the corporate body became an inter-state corporate. ..... learned counsel for the state of jharkhand, in addition to supporting the arguments of learned senior counsel for the university, also reiterated tts contention that section 66 of the bihar re-organisation act had no application since even though the service commission may be a statutory corporation by virtue of the provisions of the service commission act, it has not become an 'inter-state body corporate' within the meaning of section 66 of the re- organisation act. .....

State of Rajasthan and ors. Vs. Vatan Medical and General Store and or ...

Court : Supreme Court of India

Reported in : AIR2001SC1937; JT2001(4)SC187; 2001(3)SCALE62; (2001)4SCC642; [2001]2SCR729; 2001(2)LC983(SC)

..... drugs control and cosmetics act, 1940 (enacted by the federal legislature), the drugs (control) act, 1950, the spirituous preparations (inter-state trade and commerce) control act, 1955, the medicinal and toilet preparations (excise duty) act, 1955 and the delhi municipal corporation act, 1957 collectively cover the entire field of legislation in respect of which the ..... , the delhi high court further held that even if it be assumed that the provisions of the 1940 act do overlap or relate to some of the topics referred to in excise act and the isp rules, section 2 of the 1940 act specifically states that the provisions of the act shall be in addition to and not in derogation to any other law for the time being in force ..... sc 597 and therein this court has observed that in spite of the central legislations including industrial and regulation act, the power of the state government was still saved to legislate in respect of alcohol so as to lay down regulations to ensure that non-potable alcohol is not diverted and misused as a substitute for potable alcohol and also if the state is rendering any service, as distinct from its claim of so-called grant of privilege, it may charge ..... has expressed an opinion that for the effectiveness of prohibition the state must be held to have the power to regulate the possession or consumption of such medicinal preparations containing comparatively high percentage of alcohol under the excise act and has, therefore, referred the case to constitution bench. .....

Dabur India Ltd. Vs. Delhi Administration and ors.

Court : Delhi

Reported in : 48(1992)DLT660; 1993(44)ECC101

..... the submission is that drugs control and cosmetiec act, 1940 (by the federal legislature), the drugs (control) act, 1950, the spirituous preparations (inter-state trade and commerce) control act, 1955, the medicinal and toilet preparations (excise duty) act, 1955 and the delhi municipal corporation act, 1957 collectively cover the entire field of legislation in respect of which the isp rules have been framed. ..... in other words the said act and the excise act and the isp rules operate in different fields(28) the provisions contained in the delhi municipal corporation act, 1957 (for short the dmc act, 1957) pertaining to transit of goods through delhi alsor. ..... the aspect of transit through the union territory of delhi, without importing it into delhi, for consumption out at delhi but for immediate export from delhi is regulated by the delhi municipal corporation act, 1957. ..... (27) the spirituous preparations (inter-state trade and commerce) control act, 1955 (for short the spirituous preparations control act, 1955) was enacted with a view to impose. ..... the said act was enacted primarily with a view to preventing such inter-state trade and commerce which results in import into or passage through a 'prohibition state'. ..... in bileshwar khand udyog's case, section 58a of the bombay prohibition act, inter aha, provided that the state government may pass general or special orders directing the manufacture, import, export, storage, sale etc. .....

Aseem Kapoor vs.state of Nct of Delhi

Court : Delhi

..... petitioners had been prosecuted for the admitted patent violations of statutory provisions inter-alia as laid down under the regulations, provisions of the delhi municipal corporation act, 1957 in addition to violating the duty owed towards every visitor under common law, in the capacity of being ..... the charge-sheet into account, the investigation conducted pursuant to the proceeding 25.5.2013 of the trial court whereby further permission was granted for investigation, the factum of the injured being still in a state unfit to talk and walk and whose statement is yet to be recorded and investigation in relation to that aspect atleast being pending, coupled with the averments in the charge-sheet against the ..... the petitioner that the present case is a summons trial case and a great prejudice would be caused to the petitioner if the trial was permitted to proceed as through the supplementary charge-sheet the state would seek to prove the innocence of the accused and that the sister of the injured had not opposed the quashing filed seeking discharge in relation to fir no.390/13, police station r.k.puram on ..... under sectionsread with section 32 indian penal code, 1860, and section 4 of the cotpa, 2003 was filed by the inspector vishudhanand jha, sho, police station sda on 17.3.2015 and it was stated by the investigating officer that he had already verified the addresses of the accused persons as well as the crl.m.c22082015, 2209/ 2015 & 3480/2015 page 5 of 142 witnesses and submitted .....

Saroj vs.delhi State Election Commission & Anr.

Court : Delhi

..... points out that section 15 of the delhi municipal corporation act, 1957 (dmc act) is in accord with article 243zg(b) which, inter alia, provides: 15. ..... article 329 provides that no election to either the house of parliament, or to the house or either house of the legislature of a state shall be called in question, except by an election petition presented to such authority, and in such manner as may be provided for by or under any law made by the appropriate ..... the only defect pointed out was that the name of the sub-division was not stated therein, but on the evidence it was quite clear that there was no difficulty in identifying the candidate and the candidate himself pointed out to the returning officer the entry of his name in the electoral ..... in the said affidavit, the petitioner had inter alia, stated i, saroj, wife of sher singh, aged about 32 years ... ..... [(1978) 1 scc405: air1978sc851 the plenary power of article 329 has been stated by the constitution bench to be founded on two principles: (1) the peremptory urgency of prompt engineering of the whole election process without intermediate interruptions by way of legal proceedings challenging the steps and stages in between the ..... even in clause (c) on the second page of the nomination form, she states that my name and my husband s name have been correctly spelt out above in ..... these principles the conclusions arrived at in ponnuswami case [air1952sc64 were so stated in mohinder singh gill case [(1978) 1 scc405: air1978sc8 (scc .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... the result of the constitution (first) amendment act of 1951 - it enables the state to carry on any trade or business either by itself or through a corporation owned or controlled by the state to the exclusion of private citizens wholly or ..... the freedom of trade, commerce and intercourse is not a declaration of a mere platitude, or the expression of a pious hope of a declaratory character; it is not also a mere statement of a directive principle of state policy; it embodies and enshrines a principle of paramount importance that the economic unity of the country will provide the main sustaining force for the stability and progress of the political and cultural unity of the ..... the use of the words 'territory of india' instead of 'among the several states' found in the american constitution or 'among the states' found in the australian constitution, removes all inter-state or intra-state barriers and brings out the idea that for the purpose of the freedom declared, ..... state in exercise of its power conferred upon it under section 15 of the mines and minerals (regulation and development) act, 1957. ..... petrus [1985] lrc 699 in the court of appeal of botswana, aguda ja referred to corey v knight (1957) 150 cal app 2d 671 and observed that - 'it is another well known principle of construction that exceptions contained in constitutions are ordinarily to be given strict ..... central government under section 17a of the 1957 act. ..... 485, (1957) 3 all ..... : [1957]1scr874 ..... (1957) 1 qb 134, (1956) 3 all er 560 .....

Coromandel Fertilisers Ltd. Vs. the Commercial Tax Officer (Ofa), Punj ...

Court : Andhra Pradesh

Reported in : [1992]85STC552(AP)

..... at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in cases where such cost is separately charged;' ''turnover' used in relation to any dealer liable to tax under this act means the aggregate of the sale prices received and receivable by him in respect of sales of any goods in the course of inter-state trade or commerce made during any prescribed period and determined in accordance with the provisions of this ..... tax officer [1991] 83 stc 129 (ap)] decided today but the assessment here is under the central sales tax act, 1956, in respect of inter-state sales. ..... the definitions of the words 'sale price' under section 2(h) and 'turnover' under section 2(j) of the central sales tax act are as follows : 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive ..... the assessment order for the assessment year 1984-85 under the central sales tax act on the file of the commercial tax officer (ofa), punjagutta division, hyderabad, to the extent it includes the subsidy as a part of turnover and brings it to tax is set ..... 4991 of 1988 [reported as fertiliser corporation of india ltd. v. ..... of 1988 [reported as fertiliser corporation of india ltd. v. ..... general sales tax act, 1957, does not make any difference ..... the proceedings under the act in respect of other items will be decided according to .....