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Sivasankara Kaimal Vs. University of Calicut

Court : Kerala

Reported in : 2003(1)KLT146

..... the said section reads as follows:'subject to the provisions of this act and the statutes, the syndicate shall have power to make ordinance providing for all or any of the following matters, namely:- (a) the levy of fees in colleges and other institutions, by the university; (b) ..... of teaching staff in colleges; (d) the fixation of the scales of pay of various posts in the university and the terms and conditions of service of officers of the university; and (e) all other matters which by this act or the statutes are to be or may be, provided for by the ordinances. ..... the definition of 'teacher of the university' as contained in section 2(28) of the act reads as follows:' 'teacher of the university' means a person employed as teacher in any institution maintained ..... further, unless that condition itself is challenged as ultra vires of the constitution or act and consequently struck down as invalid.7. ..... when in terms of the act coaches are teachers, by making a provision in the ordinance, such teachers cannot be categorised as members of ..... the original petition namely to declare the inclusion of coaches among non-teaching staff, in the schedule to clause iii of chapter 15 of the calicut university first ordinance, 1978 as ultra vires to the calicut university act. ..... a category is specifically included among the non-teaching staff, in the ordinance, a subordinate legislation; such persons cannot contend that they fall within the definition of 'university teachers' under section 2(28) of the act. .....

Mrs. Madhu Garg and anr. Vs. North Delhi Power Ltd.

Court : Delhi

Reported in : 124(2005)DLT688

..... for is technically feasible from the existing system at the voltage applied for.iii) the applicant is eligible to get electrical connection for the specific purpose under the provisions of the act/ supply act/ electricity act/ rules/ regulations/ orders.iv) the applicant deposits development charges, advance consumption deposit and all such charges as may be applicable including outstanding dues against the premises and/or disconnected connection (s)v) ..... of 'consumer' is found in section 2(c) of the indian electricity act, 1910 as well as in section 2(15) of the electricity act 2003 which repeals the 1910 statute, and reads as follows:2(15) 'consumer' means any person who is supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes ..... upon the coming in to force of the electricity act 2003 with effect from 10th june, 2003 the conditions of supply framed under the 1910 act ceased to have any legal efficacy.10. ..... as the claim under section 43(3) of the electricity act 2003 is concerned the maximum liability under this provision works out ..... is on lines similar to those articulated in section 2(15) of the electricity act 2003 which speaks of a consumer as a person who is supplied with electricity ..... of the electricity act 2003.25. ..... to a consumer is dealt with in section 24 of the 1910 act and section 56 of the 2003 act. .....

Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

..... , it must also be noted that till the kerala court fees and suits valuation act (amendment) act, 2003 under which a new section 73a was inserted in the court fees act both the state and the other litigants had to pay court fees on appeals, ..... question as to the retrospective effect of section 52a of the kerala court fees and suits valuation act, 1959 (hereinafter referred to as 'the act') inserted by the kerala court fees & suits valuation (amendment) act, 2003 providing for court fee payable on memorandum of appeal filed before the high court against the orders of the tribunal, both under the it act and under the wt act calls for determination in all these cases.2. ..... words, the provisions of section 52a of the court fees and suits valuation act inserted by the amendment act of 2003 in that sense has retrospective operation thereby affecting the earlier assessments also.31. ..... stated therein that section 52a inserted in the kerala court fees and suits valuation act, 1959 by the kerala court fees and suits valuation (amendment) act, 2003 (act 2 of 2003) applies to all appeals covered by the said section w.e.f. ..... the state legislature by inserting section 73a by the amendment act, 2003, exempted state and its officers from the payment of court fees in official matters whether such a treatment can be extended to the central government and its officials in official matters consistent with the scheme of the it act and the wt act is also a matter for consideration by the state government. .....

Raju Laxman Pachapure Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2009(4)KarLJ470:2009(3)KCCRSN101:2009(4)AIRKarR184:2009Cri.LJ3081

..... air scw 4483 : (2004)7 scc 68.13.3 it is further contended that in absence of any rules made under the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003, except for labelling and packing, neither the central government nor the state government can take any action against 6th respondent banning manufacture, storage, distribution and sale of gutka. ..... for 6th respondent, per contra submits that gutka even though falls within the definition of 'food' is not covered by provisions of pfa act but only covered under the provisions of cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 and therefore rule 62 of the pfa rules is not applicable nor the direction issued by central government dated 13-7-2006 exercising power conferred ..... under section 22-a of the pfa act are applicable to gutka.13.2 in this regard learned senior counsel strongly placed reliance on the decision of apex court in godawat pan masala .....

New Taj Mahal Cafe Pvt. Ltd. by Its Executive Director, K. Jagadish Sh ...

Court : Karnataka

Reported in : (2009)25VST101(Karn); 2009(3)KCCRSN97; 2009(5)AIRKarR167; AIR2009NOC2987

..... specified in section 4, and such value shall be deducted from the total consideration of the works contracts executed on which an amount as notified is payable under sub-section (1) by way of composition in lieu of the tax payable under the act;(b) in the case of a dealer executing works contracts and opting for composition of tax under sub-section (1), no tax by way of composition shall be payable on the amounts payable or paid to a sub contractor as consideration for execution of works ..... specified in section 4, and such value shall be deducted from the total consideration of the works contracts executed on which an amount as notified is payable under sub-section (1) by way of composition in lieu of the tax payable under the act;(b) in the case of a dealer executing works contracts and opting for composition of tax under sub-section (1), no tax by way of composition shall be payable on the amounts payable or paid to a sub contractor as consideration for execution of works ..... attention to the change over of the scheme of levy of sales tax under the karnataka sales tax act, 1957, the scheme of levy of tax under the karnataka value added tax act, 2003 which virtually seeks to harmonize the levy of sales tax as though it is a single point levy; that the scheme is so formulated that the goods which has suffered tax once does not suffer the levy of sales ..... writ petitioners are dealers assessable to tax under the provisions of the karnataka value added tax act, 2003 [for short 'the act']. .....

Punjab State Electricity Board Vs. Siel Ltd. and ors.

Court : Supreme Court of India

Reported in : 2008(358)SCALE11

..... has been appointed under the electricity regulatory commissions act, 1998 (in short the `1998 act') or the electricity regulatory commissions act, 2003 (in short the `2003 act') exercises the statutory powers for determination of ..... not done in the correct prospective, we set aside the order of the high court and remit the matter to the commission to examine the matter afresh keeping in view the parameters of 2003 act in the light of what has been stated above on specific issues.20. ..... commission was justified in its view as to the non-applicability of cross-subsidy, the high court was in error in issuing a direction to the commission, contrary to the object and provisions of the 1998 act to maintain a tariff structure which was prevailing prior to the commission's report. ..... we have noticed that the object of the 1998 act is to prevent discrimination in fixation of tariff by imposing cross-subsidy, but at the same time under section 29(5) of the 1998 act, if the state government so chooses to subsidise the supply of energy to any particular class of consumers, the same can be done provided of course the burden of loss suffered by the company is borne by ..... have been provided under section 9 of 1998 act and sections 29, 61 and 82 of 2003 act.9. ..... a perusal of sections 29(2)(d), 29(3) and 29(5) of the 1998 act shows that the consumers should be charged only for the electricity consumed by them on the basis of average cost of supply of energy, and the tariff should be determined by the state .....

Ashoka Smokeless Coal Ind. P. Ltd. and ors. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

..... taken to be the law that where the government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norms which is not arbitrary, irrational or irrelevant.. ..... the court while considering such a question cannot also lose sight of the fact that apart from the essential commodities act, 1955, the entire control and regulation of coal has been taken over by the central government in terms of entry 54 of list i as also entry 52 of list i of the seventh schedule ..... however, issued appropriate notifications whereby and whereunder the said coal mines both in terms of the 1972 act as also the 1973 act instead of continuing to vest in the central government vested in the government companies specified therein who are ..... such a direction was made in terms of section 8(1)(h) of the cvc act, 2003. ..... manager, bccl 6 lyons range (5th floor), kolkata -700 001 in duplicate latest by 4th november ..... be obtained from the office of bccl dhanbad, bccl, kolkata, mstc, kolkata or mstc, delhi. ..... , kolkata and register themselves on-line at http://www.mstcauction.com.the procedure to be followed for e-auction, is stated to be in the following terms:metal scrap trading corporation, hereinafter referred to as mstc (a government of india undertaking .....

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... having not been issued with any notice before passing the impugned order dated 6.6.2003 and this position having been admitted by the appellate authority in its order dated 31.3.2004 ..... choudhury, learned senior counsel appearing for the respondents that the provisions of section 51 of the finance act, 1982 are not in pari materia with that of the provisions of section 154(3) of the finance act, 2003, in view of inclusion of the expression 'omitted to be done' in section 154 which expression is missing in section 51, although the same may have a bearing ..... referring to paragraph 31 of the judgment, he submitted that the provisions of section 51 of the finance act, 1982 by which retrospective effect to the amendments of rules 9 and 49 of central excise rules, 1944 was brought about and which is pari materia to the provisions of section 154 of the finance act, 2003, such retrospective operation cannot override the express provisions of section 11a and in the instant case the petitioners ..... withdrawing the benefit of exemption to pan masala containing tobacco.6.6.2003 : impugned order issued by the deputy commissioner, central excise, guwahati against the petitioners relying on section 154 of the finance act, 2003 ordering refund and rejecting claim for refund as follows :(i) .....

G.V.K. Industries Limited and anr. Vs. Central Electricity Authority

Court : Delhi

Reported in : 2006(88)DRJ377

..... the cea had entered upon this task not merely because it was the cea upon which powers in this regard had been reposed till the coming into effect of the electricity act, 2003, but also for the reason that under the power purchase agreement dated 19.4.1996, it is this authority which possesses the power to approve any excess to the already approved project cost.6.9. ..... had commenced proceedings earlier, but with the enforcement of the electricity act, 2003 has now adopted the view that its jurisdiction has been taken ..... the neat question to be answered is whether the electricity act, 2003 has rendered nugatory section 43a(2) of the supply act and the sundry notifications issued by the central government from ..... now adopted the stand that it no longer possesses power in this regard and by virtue of the sundry provisions of the electricity act, 2003 this exercise must fall upon the state electricity authority. ..... statutory provisions specified that the completed capital cost was to be computed/approved by the cea, the present act reposes in the sea the power to determine the tariff including the capital cost of the completed power project ..... by) the electricity act, 2003 has to expressly ..... to section 185(2)(a) and (5) of the electricity act, 2003 and section 6 of the general clauses act. ..... further it will be relevant to recall that by virtue of section 51 of the electricity regulatory commission act, 1998 sub- section (2) above shall be omitted with effect from such date as the central government .....

Automotive Tyre Manufactureres. Vs. the Designated Authority and ors.

Court : Supreme Court of India

Reported in : (2011)2SCC258

..... have led to injury, the anti-dumping duty may be levied from the date of imposition of provisional duty; (b) in the circumstances referred to in sub-section (3) of section 9a of the act, the anti-dumping duty may be levied retrospectively from the date commencing ninety days prior to the imposition of such provisional duty: provided that no duty shall be levied retrospectively on imports entered for ..... have led to injury, the anti-dumping duty may be levied from the date of imposition of provisional duty; (b) in the circumstances referred to in sub-section (3) of section 9a of the act, the anti-dumping duty may be levied retrospectively from the date commencing ninety days prior to the imposition of such provisional duty: provided that no duty shall be levied retrospectively on imports entered for ..... its payment is enforced by law, therefore, issuance of the notification by the central government in the official gazette under rule 18 of the 1995 rules read with section 9a(1) of the tariff act imposing anti- dumping duty upon importation of the subject article in india is purely a legislative function; (ii) the process of imposing anti-dumping duty which is legislative in nature does not decide any ..... moreover, the proceedings under section 62 of the electricity act, 2003 are adversarial in nature, and therefore they cannot be likened to an ..... moreover, the proceedings under section 62 of the electricity act, 2003 are adversarial in nature, and therefore they cannot be likened to an .....