Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: guwahati Page 1 of about 134 results (0.133 seconds)

Maidhandas Agarwalla Vs. Sricharan Barua

Court : Guwahati

..... collected an illegal charge of re. 1/- (rupee one only) from the complainant for issue of a muster card, and thus contravened the provisions of section 26, merchant shipping act, and that he was, therefore, guilty of an offence within the meaning of sub-clause (2) of that section.the chief presidency magistrate acquitted the accused of the ..... were quoted with approval, and the facts of that case have little similarity to the facts of the present case. there, the high court had further uggested amendment of the charge and proposed to send the case back for re-trial. the offence in the present case is undoubtedly of a very grave nature, and it ..... interest in prosecuting the complainant maidhandas agarwalla and his two partners, even though the police had, no obligation to prosecute persons for offences coming under the essential supplies act or the assam roodgrains control order, and the case itself was found not substantiated.the learned special judge at one place observes that if ext. 26, the .....

Patel Engineering Ltd. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : (2009)24VST481(Gauhati)

..... the business carried out in the said state.3. in the year 2007, the state of arunachal pradesh enacted arunachal pradesh goods tax (amendment) act, 2007, whereby the act of 2005 has been amended. by this amendment, section 47a has been inserted providing for deduction of tax at source.4. after the insertion of section 47a, the superintendent of tax ..... 'sale' in the realm of execution of works contract.9. while dealing with the question of validity of section 47a of the act of 2005, it is necessary to recall that before the 46th amendment, there was conflict of judicial opinion as regards the question as to whether the state has legislative power to impose sales tax on ..... on the state legislature's power to impose sales tax on sale and purchase of goods. following insertion of clause (29a) of article 366, article 286 was also amended and clause (3) was substituted therein. with insertion of clause (3), article 286 runs as under:article 286. restrictions as to imposition of tax on the sale or .....

United Bank of India Vs. Jorhat Fuel Briquetting Industry and ors.

Court : Guwahati

..... the date of the suit. the future interest shall be on rs. 9,000/-. in i.k. merchants v. indra prakash, air 1973 cal 306, the calcutta high court has, in a suit based on promissory note, held that, before the amendment act of 1956, the court had power to award interest on principal and other sum on the decree. but ..... after the amendment, the court had power to award interest on the decree on the principal amount only and not on the aggregate ..... rupees 59,669.61 as on 28-3-78 and initiated a proceeding for recovery of the same before the bakijai officer against the defendant under the assam loan recovery act, 1976. the bakijai officer returned the certificate on the ground that the bakijai officer had no jurisdiction to entertain the claim. thereafter, the plaintiff-bank instituted the suit .....

Sri Samir Ghosh Vs. the State of TripurA.

Court : Guwahati

..... stone, tiles (kiln burnt) other than mosaic (masonry tiles). 14. a comparative study of the said goods/items, as included in lists aforesaid, reveals that prior to the 8th amendment act, the item gravel was not included in the list. prior to 28. 02. 2000, items, namely, stone chips, brick or stones and any other products or sub-products arising ..... to the petitioner, pea gravel is not a taxable item and the said item is not included in the list attached to the tripura sales tax (8th amendment) act, 2000, but, due to demands raised by the respondent no. 3, the writ petitioner had no other alternative but to pay sales tax @12% on the tender value ..... of the taxable goods, no tax could be levied on the said item, till the said entry was amended by the eighth amendment act, 2000, and gravel was specifically included in the said entry. the scheme of the tst act and the tvat act being altogether different, it cannot be contended that since pea gravel or gravel has not been specifically included in .....

i.C. Chakravarty Vs. Khasi Hills District Council

Court : Guwahati

..... same the governor general in council is pleased to direct as follows:--1. all the provisions of the assam municipal act, 1923 (assam act i of 1923), as hereinbefore or hereinafter amended and as in force for the time being in the municipality of shillong, and all notifications, orders, schemes, rules, forms or bye ..... other means acquired jurisdictionover certain territories of the erstwhile state of mylliem. the jurisdiction was exercised under the indian (foreign jurisdiction) order-in-council, 1902 as amended by the indian (foreign jurisdiction) order-in-council, 1937. mawkhar was a part of the territories of mylliem jurisdiction over which had been agreed to be given ..... correct definition of the 'shillong (administered area)' as referred in the khasi siemships (application of laws) order, 1949. the definition which was placed was, as amended in the year 1952. it is true that their lordships' attention was not drawn to the decision of hardeo das (supra) wherein the constitution bench held .....

Duken Hengra Tea Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

..... to encyclopaedia britannica. the concept of package tea as of different variety was introduced for the first time by the provisions of the central excises and salt (amendment) act, 1953 (act 15 of 1953). the package tea was considered as different varieties of the product commercially as tea itself having distinct character and use and name and commercially known ..... 14. learned counsel for the petitioners makes the following four submissions:(i) in terms of chapter 9 of the tariff schedule of the central excise tariff act 1985 as amended by the finance act, 1998 there is no levy of excise duty of bulk tea removed in tea chests and by gunny bags exceeding 20 kgs. between 2nd june, ..... impose excise duty of 8% on certain commodities. these include package tea.'10. by the finance bill of 1988, the central excise tariff act was amended in so far as tea is concerned. this amendment was two fold :(i) in chapter 9 of the said schedule entry relating to tea was replaced as under:'0.02 tea, including .....

Union of India (Uoi) Vs. Goel Trading Co.

Court : Guwahati

..... days and the appeal was within lime. it is true, that by virtue of the provisions of law laid down under meghalaya arbitration (extension and amendment) act, 1990, the extension of central act namely, the arbitration act. 1940, has been made and that the same came into force w.e.f. the 14th day of march, 1990 in the tribal areas of ..... both bad in law and facts and equity. 6. at the hearing, mr. s.r. sen learnedcounsel appearing for the respondent argued, that the meghalaya arbitration (extension and . amendment) act, 1990, has been enacted and it was published in the gazette of meghalaya extraordinary on april 26, 1990, and that, the said ..... judge to a larger bench with regard to the maintainability of a revision petition from art appellate judgment passed in the appeal as contemplated under section 39 of the arbitration act, 1940, and, as laid down under the rules for administration of justice in khasi and jaintia hills, 1937 and the khasi syiemship (administration of justice) order, 1950. .....

Smt. Savitri Rani Malik (Legal Representative of Late S.P. Malik) Vs. ...

Court : Guwahati

..... the other is s. s. gadgil v. lal and co. : [1964]53itr231(sc) . the supreme court, in the first case, considered the indian income-tax act, 1922, as amended by the income-tax (amendment) act, 1959. in that case, it was held that when the assessee was served with notice, the proceedings were barred but were saved under section 4 of the ..... indian income-tax (amendment) act, 1959. in the second case, s. s. gadgil v. lal and co. : [1964]53itr231(sc) again the amendment made to the 1922 act before 1956 and after 1956 were considered in the light of the provisions of the finance ..... act, 1956. the income-tax officer commenced the proceedings on march 27, 1957, when the period expired on march 31, 1956. because of amendments, the proceedings were held not barred.12. four cases of the allahabad high court were cited next on behalf .....

Anil Kumar Bhattacharjee and ors. Vs. Deputy Commissioner and Collecto ...

Court : Guwahati

..... bom., (unreported) (since reported in air 1959 sc 459) the constitutionality of the bom. tenancy and agricultural lands (amendment) act, 1956 was challenged. the supreme court held that the act was intra vires. the bombay amending act of 1956 further amended the bombay tenancy and agricultural lands act, 1948. it provides for such distribution of the ownership and control of agicultural land as was considered best to ..... 1959 sc 459), the vires of the bombay tenancy and agricultural lands (amendment) act, 1956 (bombay act no, xiii of 1958), was challenged by petitions under article 32 of the constitution. the said act purported to amend an earlier act, the bombay tenancy and agricultural lands act, 1948 (bombay act no, lxvii of 1948). the act in question had received the assent of the president and came into force .....

Super Candles and anr. Vs. Mahabir Candle Works and anr.

Court : Guwahati

..... the jurisdiction of the appellate court, but the same order can be revised by the very same court. judicial order must be reasoned order. after the amendment, it must contain reason. the trial court must apply its mind to the materials placed before it, and, on being satisfied about the requirements of order ..... trade mark nos. 239963 and 258538. (d) on 29th february, 1996, the appellant filed an application in the office of the registrar of trade marks act, 1958 and rule 94 of the rules made thereunder, for rectifiction cancellation of registered trade marksnos. 239963 and 258538 belonging to the respondent. the appellant prayed ..... under section 29 for restraining infringement and under section 27(2), section 105(c) & section 106 alleging passing off under trade and merchandise marks act, 1958 (hereinafter called the act). the following reliefs were prayed for: (1) for permanent injunction restraining the defendants their servants, agents, atterneys etc. from manufacturing selling and/or .....