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Judgment Search Results Home > Cases Phrase: inter state corporations act 1957 Page 3 of about 120,877 results (0.251 seconds)

Nov 11 2015 (HC)

Subaida Abdul Rasheed and Another Vs. State of Kerala represented by T ...

Court : Kerala

..... herein above, would reveal that what has been directed therein is that if the decision pursuant to ext.p13 notice issued under the kerala land conservancy act, which has been referred to in ext.p26 as ext.p30, is against the appellants, the corporation is given liberty to initiate action for demolition of the structure in accordance with the rules and as ordered by the tribunal for local self government institutions ..... having heard the learned counsel for the appellants, learned government pleader and the learned senior counsel appearing for the 6th respondent corporation, we are satisfied that the action of the corporation in demolishing the structure in the land in the possession of the appellants is clearly illegal and it amounts to violation of their fundamental rights guaranteed under article 21 of ..... the assignment application of the appellants was rejected, even apart from the fact that a revision filed by the appellants is stated to be pending before the land revenue commissioner and therefore, the proceedings have not attained finality, the order passed by the ombudsman only enabled the corporation to initiate action as directed by the tribunal for local self government institutions in ext.p25 order and in accordance with law ..... that was contested by the appellants by filing ext.p14 reply, where, they inter alia contended that the application filed by them for assignment of the land was pending ..... proceedings under the kerala land conservancy act, 1957 were also initiated by exts. .....

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Aug 02 2010 (HC)

Criminal Justice Society Vs Union of India and ors.

Court : Delhi

..... the deceased is entitled to compensation and further the mcd is obliged to follow the statutory mandate of delhi municipal corporation act, 1957 (for short the act) which envisages precautions during repair of the streets. ..... this principle which justifies award of monetary compensation for contravention of fundamental rights guaranteed by the constitution, when that is the only practicable mode of redress available for the contravention made by the state or its servants in the purported exercise of their powers, and enforcement of the fundamental right is claimed by resort to the remedy in public law under the constitution by recourse to articles ..... a counter affidavit has been filed by the respondent no.1 stating, inter alia, that the enquiry was conducted by the concerned assistant sub- inspector of police who had found that an old man had fallen into a pit dug up ..... clerk in a government department was driving a vehicle under the authority of driver at the time of accident and the vehicle was used in connection with the affairs of state and for official purpose, it was held by the lordships under the circumstances the state cannot escape its vicarious liability to pay compensation to the heirs of the victim.15. ..... 226 seeking enforcement or protection of fundamental rights, it does so under the public law by way of penalizing the wrongdoer and fixing the liability for the public wrong on the state which has failed in its public duty to protect the fundamental rights of the citizen. .....

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Mar 09 1983 (HC)

South India Paper Mills Ltd. Vs. Director of Inspection and Audit (Cus ...

Court : Karnataka

Reported in : 1983(14)ELT2317(Kar); [1984]146ITR194(KAR); [1984]146ITR194(Karn)

..... 13 of the central sales tax act which had prescribed the period of limitation for filing the declaration in form c to claim the entire turnover or part of the turnover as inter-state transaction, has stated thus (p. ..... , it is necessary to mention that no time limit is prescribed in the tax credit certificate (corporation tax) scheme of 1966 and the tax credit certificate (equity shares) scheme of 1965. ..... 280zb deals with grant of tax credit certificate to companies engaged in the manufacture or production of the articles mentioned in the first schedule to the industries (development and regulation) act, 1951, in respect of its profits and gains attributable to such manufacture or production subject to such terms and conditions stipulated there in. ..... in our opinion, the phrase 'in the prescribed manner' occurring in section 8(4) of the act only confers power on the rule-making authority to prescribe a rule stating what particulars are to be mentioned in the prescribed form, the nature and value of the goods sold, the parties to whom they are sold, and to which authority the form is to be ..... employees' state insurance corporation : (1971)iillj647sc ..... the contention of sri sarangan, learned counsel for the petitioner, is that the benefit conferred under the act has been denied by the executive by prescribing a period of limitation for making an application to avail of the benefit of this ..... 6 of the central sales tax (kerala) rules, 1957, framed by virtue of power conferred under sub-ss .....

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Apr 15 1988 (HC)

Vijayalakshmi and Co. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : [1992]84STC351(AP)

..... of central sales tax by the fertiliser corporation of india from the assessee established, according to the tribunal, that there was an inter-state sale between the fertiliser corporation of india and the assessee. ..... within section 3(b) of the central sales tax act and that there is a sale by the fertiliser corporation of india in favour of the assessee in respect of entire consignment of fertilisers, for example, 483 bags covered by the letter dated january 23, 1976 and similarly in respect of the other quantities mentioned in the various consignments and that the documents of title were endorsed within the state of andhra pradesh by the fertiliser corporation of india in favour of the assessee and ..... basis of the above material, the tribunal came to the conclusion that the transaction is one of inter-state sale falling under section 3(b) of the central sales tax act which says that a sale or purchase of goods shall be deemed to take place in the course of inter-state trade or commerce, if the sale or purchase is effected by a transfer of documents of title to the goods during their movement from one state to another. 23. ..... it states that the prescribed authority may accept, from any person who has committed or is reasonably suspected of having committed an offence under the act, by way of composition of such offence : (a) where the offence consists of failure to pay or the evasion of any tax recoverable under this act, in addition to the tax so recoverable, a sum of money not .....

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Sep 29 2000 (HC)

Prime Impex Limited and anr. Vs. Assistant Commissioner of Commercial ...

Court : Kolkata

Reported in : [2002]127STC23(Cal)

..... it may be noticed that by reason of section 3 of 1957 act, goods only in relation to inter-state trade or commerce within the territory of india have been mentioned, thus, these articles which were imported and may be subject to inter-state trade or commerce may also come within the purview of clause (3) of ..... exclusive competence of parliament [article 269(1)(g) ; entry 92a of list i].even if a sale does not take place 'in the course of inter-state trade or commerce', state taxation would be subject to restrictions and conditions imposed by parliament if the sale relates to goods declared by parliament to be of special importance in inter-state trade and commerce.each one of the aforementioned limitations is independent and distinct.bearing in mind the aforementioned provisions, let us now consider the ..... placed on state of kerala v, attesee (agro industrial trading corporation) reported in : 1988(38)elt720(sc) and state of bihar ..... corporation) reported in : 1988(38)elt720(sc) , nor reported in state ..... corporation) reported in : 1988(38)elt720(sc) and in state ..... state trading corporation ..... state trading corporation ..... state trading corporation ..... corporation) reported in : 1988(38)elt720(sc) , whereupon learned counsel for both the parties strongly relied states the law thus :'sri potti is certainly correct in saying that the wordings of the acts do not show an exact correlation between the liability to pay additional excise duty and the exemption from the levy of sales tax under the 1963 act .....

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Nov 20 2003 (SC)

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 .....

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Nov 23 1965 (HC)

Karnakar Mangesh Desai Vs. State of Mysore and ors.

Court : Karnataka

Reported in : AIR1966Kant317; AIR1966Mys317; ILR1965KAR1167; (1966)1MysLJ72

..... 3 of the act a road transport corporation called the 'mysore transport corporation' for the whole state of mysore, except the area comprised in the limits of the city of bangalore, was constituted was constituted on 1st august 1961 after the constitution of the road transport corporation, promotions, though temporary, were made on the basis of the provisional inter state seniority list dated 24th october 1959 relating to ..... :'the subject was discussed in detail: it was resolved that vacancies in the higher posts be filled up by making 'in-charge arrangements' on region wise till such time the inter state seniority lists are finalised the board further decided that preparation of provisional inter-state seniority list be expedited'.the effect of the impugned resolution has been explained by the petitioner in para 12of his affidavit annexed to the writ petition. ..... on 24th october 1959 the state government prepared and published what is stated as a provisional inter state seniority list as on 1st january 1957 of the junior assistants of the road transport ..... in the bombay state road transport corporation and after formation of the new state as a government employee on 1st january 1957. ..... and that list was quashed by this court by its judgment delivered on 15th march, 1961 on the ground that the bombay officials of the road transport department allotted on 1st january 1957 cannot be included in the inter state seniority list of the officials of that department as on 1st november, 1956. .....

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Dec 03 1976 (HC)

M/S. Food Corporation of India Vs. State of Andhra Pradesh.

Court : Andhra Pradesh

Reported in : (1977)6CTR(AP)108

..... ananto babu, the learned counsel for the petitioner, submits that the corporation has no profit motive, that its operations could not be regarded as sales in the inter-state trade or commerce and that, therefore, the corporation, is not a dealer as defined in the central act. ..... years 1966-67, 67-68, 68-69 and 70-71 the corporation conducted inter-state sales of paddy, rice and milo. ..... it is clearly discernable from the several provisions of the food corporation act and the rules referred to above that the corporation is a trading concern and was established with the dominant intention to make profit ..... reading of the provisions of the food corporations act, 1964 establishes that the very establishment of the food corporation of india was with a profit-motive ..... 34 and 35 of 1976 relate to the levy of tax under the andhra pradesh general sales tax act, 1957 (hereinafter referred to as the state act), while t.r.g. ..... such rice) was taxed at the rate of five paise per rupee in the case of paddy and six paise in the rupee in the case of rice under the andhra pradesh general sales tax act, 1957 (andhra pradesh act vi of 1957).'23. ..... the problem that is primarily presented and debated in detail in these tax revision cases preferred by the food corporation of india is whether the food corporation of india (hereinafter referred to as the corporation), which is a corporate body, is a dealer as defined in the andhra pradesh general sales tax act, 1957, and the central sales tax act, 1956. t.r.g. no. .....

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Feb 21 1975 (SC)

Sukhdev Singh, Oil and Natural Gas Commission, Life Insurance Corporat ...

Court : Supreme Court of India

Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619

..... case was whether the road transport corporation constituted under the road transport corporations act, 1950, was carrying on business on behalf of the state of andhra pradesh and that the income of the corporation was exempt from liability to pay income ..... the industrial finance corporation act states that whoever in any bill of lading, warehouse receipt or other instrument given to the corporation whereby security is given to the corporation for accommodation granted by it wilfully makes any false statement or knowingly permits any false statement to be made shall be punishable with imprisonment for a term which may extend to two years or ..... removal from service contrary to regulations framed under the oil and natural gas commission act, 1959; the industrial finance corporation act, 1948; and the life insurance corporation act, 1956 would enable the employees to a declaration against the statutory corporation of continuance in service or would only give rise to a claim for damages ..... if any of these elements exist, then, in my opinion, whatever the terminology used, and even though in some inter partes aspects the relationship may be called that of master and servant, there may be essential procedural requirements to be observed, and failure to observe them may result in a dismissal being declared ..... board [1957] 2 ..... that in judging a field officer's work, the corporation shall observe the principles contained in the circular issued by the managing director on 2 december, 1957. .....

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Feb 16 2006 (SC)

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1325; 127(2006)DLT226; JT2006(2)SC448; 2006(2)SCALE364; (2006)3SCC399

..... ., more than 10 years ago, admitted the violations and said that show cause notices had been issued under the delhi municipal corporation act, 1957 (for short, 'the dmc act') and the corporation was doing its best in the matter ..... may, 2002, disposing of the aforenoted writ petition and other connected matters, a full bench of the high court came to the conclusion that neither under the dmc act nor under the delhi development act, there was any power to seal property for its misuse, inter alia, holding that the power of sealing of premises is drastic as by reason of such sealing, a person could become homeless, thus, affecting his human or fundamental rights and ..... all officers being directed to file affidavits reporting as to what action had been taken, filed affidavits with reference to the properties of which instances had been given, inter alia, stating that owners had been booked and action was being taken ..... . in reply dated 15th september, 2000, it was, inter alia, stated that the mcd itself has been allowing non-residential activities in residential areas under a special scheme, without, however, giving any details or filing any document in support ..... . the statement of objects and reasons, inter alia, states that 'in recent years, growth of unauthorized colonies, encroachment on public streets, unauthorized construction of public and private lands and conversion of residential constructions into commercial complexes have assumed alarming proportions'.section 345a reads as .....

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