Judgment Search Results Home > Cases Phrase: live stock importation act 1898 section 2 definitions Page 12 of about 5,236 results (0.258 seconds)

Brindavan Phosphates Private Ltd. Vs. Karnataka State Pollution Contro ...

Court : Karnataka

Reported in : ILR2003KAR4080

..... one of the wastes that is being generated by the petitioner company is a product called 'waste rock' phosphate which is edible and to be used by both live stock and human beings; it is not hazardous and it does not in any manner cause any problem of any nature to anybody muchless effect the lands or area where it ..... in order to answer the aforesaid point, it is necessary to have a look at section 5 of the act which reads as under: 'power to give directions - notwithstanding anything contained in any other law but subject to the provisions of this act, the central government, may in the exercise of its powers and performance of its functions under this act, issue directions in writing to any person officer or any authority and such person, officer or authority shall be bound to comply with such ..... on 21.4.03 as per annexure m the respondents purporting to exercise the power under section 5 of the environment (protection) act (hereinafter referred as 'the act' for short) directed the petitioner to lift the sludge already stored in ..... reading of the aforesaid provisions makes it clear that the central government has been empowered in exercise of its powers and performance of its functions under the act to issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such ..... petitioner company is manufacturing declaim phosphate (dcp) which is an important ingredient in the feed for livestock and in fact also for .....

Brindavan Phosphates Pvt. Ltd. Vs. Karnataka State Pollution Control B ...

Court : Karnataka

Reported in : AIR2003Kant476

..... one of the wastes that is being generated by the petitioner company is a product called 'waste rock' phosphate which is edible and to be used by both live stock and human beings; it is not hazardous and it does not in any manner cause any problem of any nature to anybody muchless affect the lands or area where ..... on 21-4-2003 as per annexure-m the respondents purporting to exercise the power under section 5 of the environment (protection) act (hereinafter referred as 'the act' for short) directed the petitioner to lift the sludge already stored in ..... the petitioner was served with a notice as per annexure-k, dated 25-2-2003 under section 33-a of the water act and rule 34 of water rules calling upon them to show cause why action should not be taken for the illegalities mentioned ..... though the central government is the authority under section 5 r/w rule 4 to issue certain directions the said powers have been delegated to the state government under section 23 of the act and the impugned order is passed by an authority constituted by the state government, ..... of the aforesaid provisionsmakes it clear that the central governmenthas been empowered in exercise of its powers and performance of its functions underthe act to issue directions in writing to anyperson, officer, or any authority and suchperson, officer or authority shall be boundto comply with ..... petitioner company is manufacturing di-calcium phosphate (dcp) which is an important ingredient in the feed for livestock and in fact also for .....

Col. Denzyl Winston Ferries Vs. Abdul Jaleel and Others

Court : Andhra Pradesh

Reported in : AIR1992AP246; 1992(2)ALT144

..... land which is mainly used for the purpose of agriculture.explanation -- for the purpose of this clause and clause (q), --(a) 'agriculture' includes horticulture but does not include (i) raising of grass, (ii) dairy farming, (in) poultry farming, (iv) breeding of live-stock and (v) such cultivation, or the growing of such plant, as may be prescribed;(b) land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in the revenue or land records before the appointed ..... i shall come to this important definition a little later after considering a few other definitions which are relevant. s. ..... though the judgment mentions about certain provisions of the act, the subordinate judge never tried to find out the ingredients of the various definitions and their applicability or otherwise to the suit contract. ..... once it is said so, the plaintiff loses his right to get adecree for specific performance, though invoking the provisions of the very act, based on which the plaintiff was told that he could not get conveyance of the property agreed to be sold to him, the owner of excess land obtained exemption and continues in possession of property and perhaps alienates it ..... 27(1) of the ceiling act imposed prohibition to alienate any urban or urbanizableland, except to the extent indicated therein, sub-section (2) thereof lifts out its rigour by giving right to a party to enter into a contract subject to obtaining the sanction from the competent authority therein .....

State Vs. Brij Lal Gulati and anr.

Court : Allahabad

Reported in : AIR1961All79; 1961CriLJ199; (1960)IILLJ379All; (1960)IILLJ379All

..... outward booking of passengers from and through booking of parcels and goods (in 'smalls' and in wagon loads) in local and through booking both inward and outward (except live stock, coal and goods in bulk or loose, dangerous and explosive goods and arms and ammunition) between the said city booking agency and all stations on the northern railway and ..... number of persons employed in such shop or commercial establishment;provided also that in any shop or commercial establishment which employs five persons or less no employee shall be exempt from the provisions of this act;(b) persons whose work is inherently intermittent, such as a traveller or canvasser;(c) offices of government or of local authorities;(d) establishments for the treatment or the care of the sick, infirm, destitute or mentally ..... shop or a commercial establishment because the railway is not carrying on the business or trade in the sense in which the words 'business of trade' are used in the act, as also for other reasons.the idea behind running railway service is not primarily to carry on any trade or business but to render service to the residents of this country by providing them means of communication ..... been defined in the act (section 2 sub-section (6)) as follows ;' 'employer' means a person having charge of or owning the business of a shop or commercial establishment and includes the manager, agent of any other person acting in the general management ..... words 'has established' ate important and in my opinion indicate .....

Bakhat Ram Takhat Ram and ors. Vs. the State of Uttar Pradesh Andors.

Court : Allahabad

Reported in : [1973]32STC14(All)

..... is used for seed and feed for live-stock, but most of it is milled for ..... the joint director of agriculture (statistics), uttar pradesh, lucknow, called the bulletin of agricultural statistics for uttar pradesh 1967-68, we find table 2-4, which gives the acreage of important foodgrains from 1950-51 to 1967-68 in uttar pradesh, paddy is one of the items given in that table. ..... ; and(iii) further to declare that the turnover of first purchases in respect of the goods mentioned in list ii below shall be liable to tax sub-clause (b) of sub-section (1) of section 3-d of the said act at the rate mentioned against each: list i1. ..... the fact, that paddy was specifically excluded from the notification sub-section 3-d(1), as reproduced above, shows that the government considered paddy to be a foodgrain, otherwise there was no reason for excluding it from foodgrains which ..... the amendment so far as material for our purpose is as under :in sub-section (1)-(x) for the opening paragraph, the following paragraph shall be substituted, namely :- 'except as provided in sub-section (2), there shall be levied and paid, for each assessment year or part thereof, a tax on the turnover, to be determined in the prescribed manner,- (a) of purchases of such foodgrains (including cereals and pulses), ..... thus, according to this definition, paddy would be a cereal, as it is ..... could not be to include paddy, because the government has treated paddy as a separate item, not falling within the definition of foodgrains. .....

Patel Parshottam Ambavi Vs. Patel Hansraj Valji Bhalodia

Court : Gujarat

Reported in : (1979)1GLR7

..... of wood,(iii) dairy farming,(iv) poultry farming,(v) breeding of live stock,(vi) any operation performed on a farm as incidental to preparation, transport, delivery or storage, for marketing of any of the products of any of the occupations mentioned in sub-clauses (i), (ii), (iii), (iv) and (v).in order to make explicit the definitions of the four expressions given in the act, the expression 'to hold land' has been defined by clause (q) of section 8 in the following terms:'to hold land', with its grammatical ..... variations and cognate expressions, means to be lawfully in actual possession of land, whether as owner or as tenant (including a government lessee) or as crop sharer.section 3 provides for discharge of debts of such debtors in certain cases and ..... dishonest and unscrupulous debtor, as soon as the suit is filed against him by his creditor, will take up the plea under the said act, make an application under section 6 of the said act, force his creditor to face the proceedings before the debt settlement officer, the appellate proceedings before the appellate officer and probably a writ petition in ..... which has been raised in this appeal is of wide public importance, the appeal has been referred to the division bench by the .....

Erhardt Vs. Schroeder

Court : US Supreme Court

..... dutiable character of the goods in the present case were to be determined by value, the question of the effect of section 2939 might be of consequence to the importers, since in that event the value fixed by the appraisers, under section 2930 revised statutes, relating to appeals from appraisements, would be final unless the appraisement were in some respect unlawful. ..... justice woods said, in delivering the opinion of the court: "considering the acts of congress as establishing a system, and giving force to all the sections, its plain and obvious meaning is that the appraisement of the customs officers shall be final, but all other questions relative to the rate and amount of duties may, after the importer has taken the prescribed steps, be reviewed in an action at law to recover duties ..... , that inasmuch as the examination may have the effect of fixing a higher duty upon a given invoice of tobacco than that collectible upon leaf tobacco of the kind more extensively imported, the importer might be injured if the characteristics of the tobacco necessary to justify the exaction of the higher tax were determined by an examination different from that prescribed by section 2939, which enactment therefore they believe to be intended as well for the protection of the ..... the protest filed by the importers contained, among other things, an allegation that there had been no legal appraisal of the tobacco, for the reason that the provisions of section 2939 of the revised statutes had not been .....

Collector of Customs Vs. Carborandum Universal

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1988)(15)ECC267

..... the court observed as follows :- "...there is definite purpose in so providing because the object and reason of section 3 of tariff act is to provide for the levy of additional duty on the imported article to counterbalance the excise duty leviable on the like article made indigenously or on the indigenous raw materials, components or ingredients which go into the making of like indigenous articles...." 24. ..... the value for the purpose of calculating the additional duty (when a corresponding excise duty is also leviable) is not the value as determined under section 4 of the central excises and salt act; in terms of section 3(2) of the customs tariff act, the additional duty is to be calculated on the assessable value of the imported articles as determined for the levy of basic duty plus the basic duty itself (and any, other duty leviable in the same manner as the basic duty). ..... 456], the question inter alia raised was about the discriminatory nature of the impost under article 14 of the constitution namely, levy of additional duty in regard to imported articles subject to import duty on a percentage basis stipulated in section 14 of the customs act and the duty not being levied with regard to articles subjected to a fixed rate of duty. ..... union of india, 1982 elt 64, to the effect that additional duty of customs under section 3 of the customs tariff act cannot be levied on an imported article if such article manufactured in india is exempted from payment of excise duty. .....

Ahmedabad Advance Mills Ltd. Vs. Collr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1997)(89)ELT172TriDel

..... contended that at the relevant time, the additional duties of excise (goods of special importation) act 58 of 1957 rendered applicable for the levy and collection of additional duty only those provisions of the act and the rules relating to levy and collection of excise duty and the provision of the act and the rules relating to levy of penalty had not been made applicable. ..... bearing on the assessment and duty which could not have come to the knowledge of the department without detailed investigation and there was also fraud and also deliberate misdeclaration, the proviso to section 11a of the act was invoked and show cause notice was issued to the appellant and some of its officers.3. ..... the provisions regarding offences and penalties in the act and rules have been made applicable only by the proviso in section 3(3) of the act 58 of 1957 as incorporated by act 7 of 1986 with effect from 28-2-1986.thus, it is argued that the element of differential additional duty should not be taken into consideration in quantifying amount ..... the above circumstances lead to the definite conclusion that extra amounts were received only in regard to certain varieties of fabrics and not from certain buyers and the reasons for collecting such extra amounts as indicated in the debit notes ..... can be held to be within time only if the proviso to section 11a of the act could be legitimately invoked. ..... the important documents which lay bare the attempt of the appellant to evade payment of duty are the kalabas and .....

Essar Oil Ltd. Vs. Commissioner of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... it would definitely imply a change or alteration in the legal status of the imported goods leading to their out of customs control, especially when it is noticed that the word used in section 45 is 'removal' and in section 47, 'clearance for home consumption'. ..... demand has been confirmed are not applicable to the facts of the case in view of our finding hereinabove that till date no order permitting clearance for home consumption under section 47 of the customs act, 1962 has been passed by the proper officer and section 28 applies only when duty has been short levied or non-levied pursuant to an order of assessment and since no order of clearance has been made till date, no short levy or non ..... (b) in the present case, the goods have been shifted by the custodian of the imported goods from the declared customs area and the revenue's case is that they have been 'removed without permission' under the provisions of section 45 of the customs act, 1962, and deposited from where they were seized. ..... passed by the proper officer and thereafter the department issued a show cause notice alleging misdeclaration of value and seeking recovery of the differential duty by invoking the provisions of section 125(2) of the act and it is in this context that the tribunal held that, if there was short levy, then duty ought to have been demanded in terms of section 28 and that section 125 was applicable only in cases where the date of short levy or importation was not available.9. .....