Court : Delhi
Reported in : AIR1997Delhi267b; ILR1997Delhi22
..... in narender kumar v. the union of india, : [1960]2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the essential commodities act, 1955, violated article 19(1)(g). the court while interpreting the word 'restrictions' held as follows (para 18 of air ..... court in lakhan lal etc, v. the state of orissa, : [1977]1scr811 . the supreme court again reiterated the position in khoday distilleries ltd. v. state of karnataka, : air1996sc911 and held that a citizen has no fundamental right to undertake trade or business in liquor as a beverage and the same could be completely prohibited since such ..... note that the supreme court clearly held that to the list of noxious matters, new items can be added ''42. in m. j. sivani v. state of karnataka, : [1995]3scr329 , the supreme court was confronted with the question as to whether regulation of video games violates the fundamental right to trade or business or avocation .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... and others v. the union of india and others, : [1960]2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the essential commodities act, 1955, violated article 19(1)(g). the court while interpreting the word `restrictions' held as follows : 'it is reasonable ..... that the supreme court clearly held that to the list of noxious matters, new items can be added.(42) in m.j. sivani and others v. state of karnataka and others, : [1995]3scr329 , the supreme court was confronted with the question as to whether regulation of video games violates the fundamental right to trade or business ..... the exercise of the right in general public interest. in applying the test of reasonableness, the broad criterion is whether the law strikes a proper balance between social control on the one hand and the right of the individual on the other hand. the court must take into account factors like nature of the right enshrined imposed .....
Tag this Judgment!Court : Delhi
Reported in : II(1997)ACC276; 1998ACJ757; 1997IVAD(Delhi)729; 68(1997)DLT204; 1998(44)DRJ230; (1997)117PLR32; 1997RLR502
..... the supreme court had held as under :- 'as section 95 of the motor vehicles act, 1939 as amended by act 56 of 1969 is based on the english act it is useful to refer to that. neither the road traffic act, 1960 or the earlier 1930 act required users of motor vehicles to be insured in respect of liability for death or bodily ..... to be paid in view of the policy of insurance. policy in the present case is a comprehensive policy and not a statutory policy under section 95 of the act and, thereforee, in our view, the appellant cannot take any advantage of the above referred observations of the supreme court in pushpabai parshottam udeshi's case. moreover, ..... dead. (4) respondents 1 to 6 being the heirs of the deceased sh.manohar lal gupta filed a petition for compensation under section 110-a of the motor vehicles act before the motor accident claims tribunal. notice of the application was also issued to the appellant - insurance company. the motor accident claims tribunal (in short referred to as .....
Tag this Judgment!Court : Delhi
Reported in : 1998IAD(Delhi)301; AIR1998Delhi236; 71(1998)DLT532; 1998(44)DRJ251; 1998RLR10
..... executions'. learned counsel for the appellants on the basis of the above have argued that admittedly the appellants have been in occupation since 1948. they while acting upon the license raised permanent structures. thus they are not liable to eviction. the contention of the learned counsel is without any merit.'36. bar ..... commissioner was rightly rejected. the revision petition was also rightly dismissed by the deputy chief settlement commissioner. similarly the petition under section 33 of the act against the order of the deputy chief settlement commissioner was rightly dismissed. the orders with regard to the sale of the disputed property and its subsequent ..... said order. however, the revision petition was also dismissed on september 13, 1961 by the deputy chief settlement commissioner. petition under section 33 of the act against the order passed by the deputy chief settlement commissioner was dismissed as communicated to the appellants by letter dated december 21, 1961. the orders with .....
Tag this Judgment!Court : Delhi
Reported in : (1998)145CTR(Del)560
..... arriving at the market value is the rent capitalisation method; (6) encumbrance of tenancy is very material because s. 16(6) of the delhi rent control act, 1958, prohibits a purchaser from filing suit for eviction within five years from the date of purchase. the assumption that the potential of the terrace would ..... 7. shantistar builders vs. narayan khimalal totae & ors. : air1990sc630 .8. prabhakaran nair etc. etc. vs. state of tamil nadu & ors. : [1988]1scr1 .9. miss mohini jain vs. state of karnataka & ors. : [1992]3scr658 .10. vincent panikurlangara vs. union of india & ors. : [1987]2scr468 .11. ramsharan autyanuprasi & anr. vs. union of india & ors. : air1989sc549 .12. all ..... record, no inference can be drawn nor conclusion can be arrived at that because of proximity to a particular place, there would be a problem of traffic and vehicular pollution.despite these facts, the appropriate authority in sub-para (4) of para 5 compared the property under consideration with the sale instance .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1999)(110)ELT735TriDel
..... industry had to be decided as how it means to a common man in the trade and in common parlance. the apex court agreed with the division bench of the karnataka high court that a product must be classified having regard to what it means and how it is understood in common parlance and that in a case of such a ..... the product marketed under the brand name 'spert'. the appellants had sought classification of the spert under sub-heading no. 0404.00 of the schedule to the central excise tariff act, 1985 (hereinafter referred to as the "tariff"), as "other dairy produce; edible products of animal origin, not elsewhere specified or included". chapter 4 of the tariff covered dairy produce; edible .....
Tag this Judgment!Court : Delhi
Reported in : 3(1998)CLT705; 75(1998)DLT169; 1998(47)DRJ147
..... rise to the writ petitions.in 1955 the central government issued an ordinance called delhi (control of building operations) ordinance which later on became an act of parliament with the same name. by the provisions of the aforesaid act an authority called delhi development provisional authority was established for planned development of delhi, which ..... are now not traceable.3. in 1959 the then prime minister of india directed the concerned authorities to freeze large tracts of land around delhi to control and root out speculation in land sales within delhi. on the instructions of the central government the delhi administration issued a notification of 13.11.1959 ..... letter and thereforee, the said area having been released and de-notified from acquisition by issuing a statutory notification under section 48 of the land acquisition act, further claim of the respondents herein for release of 12.58 acres is misconceived. he further submitted that the writ petitions were not maintainable as they .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1998)(62)ECC591
..... amount in excess of the standard rent which could be fixed under the rent control act. the supreme court has consistently held that the annual value of a building governed by the rent control act is limited by the measure of standard rent determinable by that act as the landlord cannot reasonably be expected to get more than the standard rent ..... to page 197 of paper book no, 8 which shows that the superintendent of central excise, bangalore wrote to itc pointing out that retail prices advertised by the karnataka retailers association were higher than the pps and seeking certain clarifications. reference is also made to the letter by district manager, kanpur of itc to the head office ..... the expectation of the final price to the smoker or the ep as was likely to be changed. he had taken into consideration the imposition of entry tax in karnataka. when confronted with p.c. rules, he stated that itc was meeting the requirements of p.c. rules by printing the packet price but had no influence on .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1998)(62)ECC631
..... is nothing in the scheme to suggest that any change was intended in the position of the collector of central excise. it was a case under the delhi rent control act 1958. in para 19, the supreme court had observed as under: no statutory authority or tribunal can assume jurisdiction in respect of subject matter which the statute does ..... main thrust of the arguments advanced in support of the former plea is based on the judgment of the supreme court in s. kannan and ors. v. secretary, karnataka state road transport authority . it was this decision that was followed by the tribunal in the meghmani dyes case 1991 (17) etr 434 for holding that the collector ..... 11a, were not correct. he, however, referred to the following decisions, which were contrary to the proposition advanced by him: (2) engineering systems pvt. ltd. v. union of india karnataka, and (3) twin city glass pvt. ltd. v. union of india 1992 (61) elt 440 (bombay).13. shri daya sagar, consultant, appearing for m/s. premier iron & .....
Tag this Judgment!Court : Delhi
Reported in : 2000(115)ELT324(Del)
..... and excise duty was payable separately on formulations under the heading 38.08. this issue was finally decided by an order by customs, excise and gold control appellate tribunal in the case of markfed agro chemicals v. collector of excise, chandigarh whereby it was held that process of making a formulation did ..... or preparations and that in commercial parlance as also technical literature technical grade pesticides would be distinguishable from formulations or preparations;(ii) that the insecticides act and rules distinguish them and prescribe different types of packages;(iii) that the section 37b order dated 27-7-1995 would no longer be valid in ..... defined elements or compounds or not.2. the petition has been filed in a representative capacity. the petitioner is a society registered under the societies registration act and is an association of various manufacturers of 'technical grade pesticides and insecticides' and formulations thereof.3. the respondent no. 2, the central board of .....
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