Judgment Search Results Home > Cases Phrase: karnataka excise act 1965 karnataka section 40 presumption as to commission of offence in certain cases Court: madhya pradesh Page 1 of about 3 results (0.104 seconds)

B.P.L. Limited and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : [2006]143STC316(MP)

..... jj, held that where the statute itself provided the petitioners with an efficacious alternative remedy by way of an appeal to the prescribed authority, a second appeal to the tribunal and thereafter to have the case stated to the high court, it was not for the high court to exercise its extraordinary jurisdiction under article 226 of the constitution ignoring as it were, the complete statutory machinery. ..... will not be appropriate for this court to stall the proceedings which are maintainable under the central excise act. ..... petitioner submits that the period of limitation prescribed for reopening the assessment under section 29(1) is 3 years from the date of any adverse decision rendered by any order of any court or tribunal which has become ..... show cause notice was challenged on the ground that assistant collector was not competent to adjudicate cases involving duty of over rupees fifty thousand, as petitioner was having alternative efficacious remedy, no interference was made in the writ ..... competent to issue the show cause notice on the ground of suppression of facts under proviso to section 11a(1) ; show cause notice does not suffer from lack of jurisdiction. ..... decision has been taken to initiate action under section 29(1) of the act after the year 1985-86.2. in w.p. no ..... the high court of karnataka in loharu steel industries ltd ..... facts have to be taken into consideration and if trade discount is reduced from the sale price, it certainly is not in the nature of valuable consideration. .....

Sivanand Damahe Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2009(1)MPHT288

..... act to deal in the same, or to any officer whom the excise commissioner may prescribe; and(c) nothing in this section shall apply to the sale of any foreign liquor lawfully procured by any person for his private use and sold by him or on his behalf or on behalf of ..... granted in that behalf:provided that(a) a person having the right to the tari drawn from any tree may sell such tari without a licence to a person licensed to manufacture or sell tari under this act;(b) a person under section 13 to cultivate the hemp plant may sell without a licence those portions of the plant from which the intoxicating drug is manufactured or produced to any person licensed under this ..... it is urged that the collector at the time of drawing a lot in favour of more selectee after selecting a license in accordance with clause 7-5 of the liquor policy and in case the option is not exercised by the original licensee the right devolves upon such selectee but not in favour of the transferee of privilege. ..... state of karnataka : (1995)1scc574 .in the case of chaitanya ..... the restatement of the law of property defines a privilege as a legal freedom on the part of one person as against another to do a given act or a legal freedom not to do a certain act. ..... upon the issue as crops up for consideration worth it would be noted certain provisions of the m.p. .....

Maa Sharda Wine Traders Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR2009MP207; 2009(3)MPHT304; 2009[15]STR3; [2009]22STT105; (2009)22VST170(MP); 2009(5)AIRKarR498

..... now been concluded that the exclusion would be applicable in the instant case for the following reasons:(a) plain reading of section 3 of the central excise act, 1944 shows that for levy and collection of central excise duty, the following conditions must be satisfied:(i) the process undertaken must amount to manufacture as defined under section 2(f); and(ii) the result of such process should be emergence of excisable goods, which as per section 2(d) are the goods specified in the first and the second schedule ..... ilj 319 and, therefore, rule that packaging and bottling of liquor come within the ambit and sweep of 'manufacture' within the meaning of clause (f) of section 2 of the central excise act, 1944 in view of the definition contained in section 65 (76b) of the finance act especially keeping in view the exclusionary facet and further regard being had to the circular issued by central board of excise and customs.let the matter be listed before the appropriate division bench for final disposal ..... , dated november, 2006 (on applicability of service tax on taxable services provided in certain cases during the course of production of alcoholic beverages) was placed on the official website for eliciting responses from the stakeholders. ..... state of karnataka : air1996sc911 has expressed the view that bottling of liquor is an integral part of manufacture and supply thereof.28. .....

Mari Appa Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1990(0)MPLJ621

..... this case deals with sections 53 and 54 (containing same expression) of the mysore excise act (21 of ..... view of the presumptions, not only as regards culpable mental state of the accused but also as regards certain documents seized from custody and control from any person and possession of illicit articles made punishable under chapter iv of the act coupled with the statements of the accused being made relevant under section 53(a), of the act, it is all the more incumbent and desirable on the part of the prosecution to establish that the procedural safeguards provided under the act have ..... section 37 of the act reads as follows: -'offences to be cognizable: notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) (a) every offence punishable under this act shall be cognizable,(b) no person accused of an offence punishable for a term of imprisonment of five years or more under this act shall be released on bail or on his own bond unless -(i) the public prosecutor has been given an opportunity to oppose the application for such release, and(ii) where the public prosecutor opposes the application, the ..... 2128/89; going through the record and taking into account the non-compliance of section 50 it cannot be said that the required satisfaction based on reasonable grounds for believing that the applicant is not guilty of offence charged, can be reached or could have been reached by the court on proper consideration of ..... state of karnataka, air 1979 sc 711 in .....

Mari Appa and Etc. Etc. Vs. State of M.P. and Etc.

Court : Madhya Pradesh

Reported in : 1990CriLJ1990

..... this case deals with sections 53 and 54 (containing same expression) of the mysore excise act (21 of 1966). ..... in view of the presumptions, not only as regards culpable mental state of the accused but also as regards certain documents seized from custody and control from any person and possession of illicit articles made punishable under chapter iv of the act coupled with the statements of the accused being made relevant under section 53(a), of the act, it is all the more incumbent and desirable on the part of the prosecution to establish that the procedural safeguards provided under the act have ..... it may be noted that this question of reaching the satisfaction required of the court is only in the event the public prosecutor opposes the application for bail; in case he does not, the question of arriving at such a satisfaction would not arise, and when the public prosecutor opposes the application, the opposition must not be for the sake of opposition, it must be an opposition based on solid ..... 2128/29, going through the record and taking into account the non-compliance of section 50 it cannot be said that the required satisfaction based on reasonable grounds for believing that the applicant is not guilty of offence charged, can be reached or could have been reached by the court on proper consideration of the material. ..... state of karnataka, air 1979 sc 711 : (1979 cri lj 651) in this connection. .....

National Insurance Company, Jabalpur Vs. Thaglu Singh and ors.

Court : Madhya Pradesh

Reported in : 1995ACJ248; AIR1994MP177; 1994(0)MPLJ663

..... bench decision of the karnataka high court in arriving at the contrary conclusion, took into account the provisions of sections 95(5) and 96(2) of the act and the fact that there is no provision rendering section 96(2) of the act inapplicable in the matter of liability to pay compensation under section 92 of the act. ..... this reading of section 92a would cause no real prejudice to the insurer as its interests can be well protected in cases it is ultimately found that it is not liable under the policy to indemnify the insured by passing appropriate order under section 96(4) of the act, as observed ..... the insurance companies, the policy in each of the three cases clearly stated that it will cover only six employees other than the driver and, therefore, the persons who were gratuitous passengers, are not covered by the policy, the insurance companies can raise the defence under section 149 of the 1988 act, corresponding to section 96(2) of the 1939 act. ..... these cases arise out of the interim awards passed by motor accident claims tribunal under section 140 of the motor vehicles act, 1988 (hereinafter referred to as 'the act' short), requiring the owners and insurers to pay compensation for no fault ..... :'out of a sense of humanity and having due regard to the handicap of the innocent victim in establishing the negligence of the operator of the vehicle, a blanket liability must be cast on the insurer instead of he being restricted to cases where vehicle operator has been shown to be negligent. .....

D and H Secheron Electrodes (Pvt.) Ltd., Indore Vs. State of Madhya Pr ...

Court : Madhya Pradesh

Reported in : AIR1983MP5

..... had the supreme court been of this view that the absence of ceiling by itself made the imposition invalid, it would not have set aside the judgment of the high court and remanded the case for fresh decision after giving opportunity to the respondents in the appeal to file affidavits in reply to the supplemental counter-affidavit of the state that it was not making any profit out of ..... which reads as follows :--schedule 1number 1-a plaint, written statement pleading a set-off of counter claim or memorandum of appeal (not otherwiseprovided for in this act) presented to any civil or revenue court except those mentioned in section 3.when theamount or value of subject matterin dispute does not exceed five rupees.when such amount or value exceedsfive rupees or part thereof, inexcess of five rupees ..... state of punjab, air 1980 sc 1008 while dealing with the market fee levied under the punjab agricultural produce markets act, 1961, the supreme court held that the element of quid pro quo may not be possible, or even necessary to be established with arithmetical exactitude but that it must be established broadly ..... is, if no court-fee at all is payable beyond a certain limit, the tendency to swell up the claim may manifest itself in some cases for fairly obvious reasons. ..... state of karnataka, atr 1979 kant 119, the karnataka high court had to consider the validity of the karnataka court-fees act, 1958, which like the madras act had abolished the slab system and imposed ad valoram court-fee at 7 .....

In Re: Nilnita Chemicals Ltd.

Court : Madhya Pradesh

Reported in : [1999]96CompCas66(MP)

..... is just and fair to the class as a whole so as to legitimately bind even the dissenting members of that class ; that all necessary material indicated by section 393(1)(a) is placed before the voters at the concerned meetings as contemplated by section 391, sub-section (1); that all the requisite material contemplated by the proviso to subsection (2) of section 391 of the act is placed before the court by the concerned applicant seeking sanction for such a scheme and the court gets satisfied about the ..... the dissolution of a company can be ordered under section 394(1)(iv) of the act even in cases where the company is a going concern, along with the other type of company which are in different stages of winding-up. ..... in the said judgment, the full bench of the karnataka high court, has held that while sanctioning a scheme of amalgamation the report of the official liquidator is necessary. ..... it has been held in the said case, that in a case of amalgamation of companies more than 95 per cent, of the shareholders who were the best judge of their interest and are better conversant with market trend agreed to the valuation determined, it could not be interfered with by the courts as, certainly, it is not the part of the judicial process to examine enterpreneurial activities to ferret out flaws. ..... in this matter also, with certain directions, the scheme of amalgamation has been passed.40. .....

Meera Gupta and Another Vs. M/s Anurudh Builders and Developers

Court : Madhya Pradesh

..... other documents relating thereto may be situated or found, to take possession thereof, and the chief metropolitan magistrate or, as the case may be, the district magistrate shall, on such request being made to him- (a) take possession of such asset and documents relating thereto; and (b) forward such asset and documents to the secured creditor. ..... the posse-ssion of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such secured asset or ..... maharashtra), division bench of bombay high court opined that before exercising power under section 14 of the sarfaesi act, the district magistrate has to only verify from bank/financial institution whether notice under section 13 of sarfaesi act is given or not and whether secured assets fall within his jurisdiction. ..... bench of karnataka high court in krishna (supra) opined that the rights or claims for partition of propertys which are in the nature of civil right cannot be stopped under section 34 of sarfaesi act. ..... gupta (respondent no.4 herein) submitted a representation on certain grounds. .....

Ganesh Prasad Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : [2003(96)FLR14]; 2004(2)MPHT354

..... filed representation in the year 1992 for decision of pending appeal on merits and failing to obtain the redressal of the grievance had approached the assistant labour commissioner in the year 1999, thus, in the circumstances of the case, it can not be said that there was total inaction on the part of the petitioner in taking steps for the redressal of his grievance, though there was some delay, but, it can not be said to ..... the apex court has laid down that while exercising the power under section 10(1) the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function the government can not delve into the merits of the dispute and take upon itself the determination of the lis, which would certainly be in excess of the power conferred on it by section 10. ..... further, the claim of the workman can not be rejected as 'very stale' or opposed to the provisions of the act, or inconsistent with any agreement between the parties, or patently frivolous and that it is not open to the government to refuse reference merely on the ground that domestic enquiry was ..... it is true that in considering the question of making a reference under section 10(1), the government is entitled to form an opinion as to whether an industrial ..... manager, karnataka, (2003 ..... case, the services of the workman were terminated by the management without compliance of the mandatory provisions of the industrial disputes act .....