Judgment Search Results Home > Cases Phrase: motor vehicles west bengal amendment act 1985 Page 15 of about 11,786 results (0.214 seconds)

Central Coalfields Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : (2007)6VST614(Jharkh)

..... further submitted that the central motor vehicles rules, 1989, as was framed under the motor vehicles act, 1988, has been amended vide notification dated 28th july, 2000 and an explanation under rule 92(2) has been added, which provides that for the purpose of said rule 'motor vehicles' include construction equipment vehicles. ..... of the learned advocate general was that the amended rule 92(2) or rule 2(ca), introduced vide notification dated 28th july, 2000, can not override the main provision, including the definition of the 'motor vehicle', as defined under section 2(28) of the motor vehicles act, 1988.35. ..... said case, the supreme court having his passed the provisions of section 3 of the kerala tax on entry of motor vehicle into local act, 1944 and the definition of 'motor vehicles', as defined under the motor vehicles act, 1988, held that the excavators and road rollers were 'motor vehicles' under section 2(j) of the kerala tax on entry of motor vehicles into local areas act, 1994.33. ..... it was submitted that section 2(28) of the motor vehicles act, 1988 defines motor vehicles, which specifically excludes a vehicle running upon fixed rails or a vehicle of special type, adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty five ..... pattabhiraman, reported in : [1985]2scr643 to suggest that no presidential assent is required if the act is amended or varied without putting any .....

Sairabibi and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : 1987CriLJ1732; (1987)2GLR903

..... in all such cases, the law made by parliament shall prevail over the state law under article 254(1).applying these principles, the supreme court in that case held that prevention of food adulteration (amendment) act, 1976 being the law made by the parliament with respect to the same matter, prevention of adulteration of food, drugs and cosmetics (west bengal amendment) act, 1973 stood impliedly repealed.6. in m. ..... and has received his assent, prevail in that state;provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.the criminal procedure including all matters included in the criminal procedure code at the commencement of the constitution is the matter enumerated in the concurrent list ..... 2199 of 1985 decided on 22-11-1985, did not agree with the view taken by m. b. ..... 2199 of 1985 decided on 22-11-1985. ..... alamzebkhan 1985 (1) 26 guj lr 492 (supra). ..... state 1985 (1) 26 guj lr 339 (supra) proceeded on the basis that the full bench of this court had also taken the view similar to that of allahabad high court in lakshmi brahman's case (1976 cri lj 118). ..... alamzebkhan, 1985 (1) 26 guj lr 492 and merabhai v. ..... state, 1985(1) 26 guj lr 339, state v. ..... alamzebkhan, 1985 (1) 26 guj lr 492. ..... state, 1985 (1) 26 guj lr 339. .....

Arvind Khanna Vs. Central Bureau of Investigation

Court : Delhi

..... said that there was a liability incurred by the commission of an offence punishable under section 16(1)(a) of the act as amended by the west bengal amendment act and section 8 of the bengal general clauses act, 1899 preserved the continued operation of the repealed west bengal amendment act for imposition of that punishment. ..... but insofar as the central amendment act reduces the punishment for an offence punishable under section 16(1)(a) of the act, there is no reason why the accused should not have the benefit of ..... as far as companies are concerned, only those which are the companies within the meaning of section 591 of the companies act, 1956 where more than 50% of nominal value is held by the government or citizen of a foreign country or a corporation or trust, the society registered in a foreign country would come under section 2 (1) (e) ..... ..........the submission is that in view of clause(c), (d) and (e) of sub-section(1) of section 8 of the bengal general clauses act, 1899 which provide that if any law is repealed then unless a different intention appears, the repeal shall not affect any liability incurred under any enactment so repealed or affect any legal proceeding or remedy ..... ..in tada act 1985 (during the subsistence of which the offence in this case was committed) the extreme penalty, without any alternative, has been provided for the most serious offence ..... between the sentencing scope in section 3(2) of tada act 1985 and in the corresponding provision in tada act 1987. .....

Commissioner of Income-tax Vs. Bhandari Machinery Co. (P.) Ltd.

Court : Delhi

Reported in : (1999)151CTR(Del)334; 72(1998)DLT42; [1998]231ITR294(Delhi)

..... under the new sub-section (8), 15 per cent, of the interest paid by non-banking non-financial companies on deposits received by them from the public will be disallowed in computing their total income.this amendment will take effect from april 1, 1976, and will, accordingly, apply in relation to the assessment year 1976-77 and subsequent years. ..... a statute, as passed by parliament, is the expression of the collective intention of the legislature as a whole, and any statement made by the individual, albeit a minister, of the intention and objects of the act cannot be used to cut down the generality of the words used in the statute, though a reference to the statement of objects and reasons and the circumstances leading to a certain enactment may be of use when the terms of the ..... on by learned counsel for the assessed for interpreting the provisions of section 40a(8)--(i) the speech of the finance minister, (ii) the notes on clauses, and (iii) a circular issued by the company law board under the companies act are all external aids to interpretation which cannot be resorted to when the language of enactment is plain and unambiguous just as the language of the provision under scrutiny is. ..... the controversy centres around sub-section (8) of section 40a (as it stood at the relevant time), as inserted by the finance act, 1975, with effect from april 1, 1976 (later on omitted by the finance act of 1985), with effect from april 1, 1986). ..... union of india, : (1961)illj339sc state of west bengal v. .....

Hmt Ltd. Rep. by Its Manager (Transport), Mr. B.A. Umesh Vs. the State ...

Court : Karnataka

Reported in : ILR2009(4)Kar4483

..... hence, he submits that the amendment brought to the motor vehicle taxation act by introducing item 8a pursuant to act 6/2000 with effect from 1.4.2000 is valid. ..... in the case on hand, as observed, in the schedule clause 5(a), referred to in motor vehicles act, the contract carriage as defined under the motor vehicles act means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract. ..... reported in : air 1972 sc 2455, while considering the cure and infirmity as ruled by the judgment of the high court has observed thus:it would be thus appear that the amending act was intended to cure an infirmity as revealed by the judgment of the high court and to validate the past levy and collection of tax in respect of all kinds of non-lubricating mineral oils, including furnace oils, with effect ..... hence, the following order is passed:i) petitions are allowed in part;ii) the petitioners are entitled for refund of the amount which was collected prior to introduction of item 8a pursuant to act 6/2000;iii) challenge to the validity of item 8a of the motor vehicles taxation act stands rejected.rule is issued and made absolute to the extent indicated above. ..... reported in : (1985) 4 scc 124, has observed thus:when a legislature sets out to validate a tax declared by a court to be illegally collected under an ineffective or an invalid law, the cause for ineffectiveness or invalidity must be removed before validation can be said to .....

Sri Bharath S/O Manjunath Naik Vs. the State by Bhatkal Town Police St ...

Court : Karnataka

..... and also the documentary evidence, have come to the conclusion that the accused is guilty of the offence punishable under sections 279 and 338 ipc and under sections 184, 134(a) and (b) of the motor vehicles act.7. ..... to 11 and also the documentary evidence, and have convicted the petitioner for the offence punishable under sections 279 and 338 ipc and under sections 184, 134(a) and (b) of the motor vehicles act.4. ..... agency has laid charge sheet against the accused for an offence punishable under sections 279, 338 ipc and under sections 184, 134(a) and (b) of the motor vehicles act. ..... said case, the hon'ble supreme court has held as under:penal code (45 of 1860), section 323 - conviction under - sentence - benefit of probation of offenders act - accused a govt, servant - parties to assault close relative - accused released under section 4 of act-held, further that in facts of the case conviction would not affect accused's service. ..... of the submission made by the learned counsel for the petitioner and since the petitioner is sentenced to pay fine and as he has paid the fine amount, in my view, the benefit of probation of offenders act should be given to the accused who is working in the state road transport undertaking. ..... been dealt with under section 4 of the probation of offenders act, 1958 and applying provisions of section 12 of probation of offenders act, 19,58 convicted person shall not suffer disqualification attending to conviction. ..... of hakyana air 1985 sc 1278. ..... : (1985)iillj206sc , .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... employment generation and socioeconomic development by setting up of small car project providing employment and industrial development had transferred 997.17 acres of land situated at singur in favour of west bengal industrial development corporation limited (hereinafter referred to as wbidc) after acquisition for facilitating of setting up of small car project by tata motors limited (hereinafter referred to as tml) and factories or industries ancillary thereto for socio-economic development and generation of employment and immediately after such transfer, the ..... in the case of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii.491. ..... dispute arose regarding state for not issuing a notification preventing vehicles from using the congested main road and thereby reducing the toll. ..... state of andhara pradesh reported in (1985) 3 scc 198 and in the said decision it was held that if a statute is within the competence of the legislature the motive of the legislature in passing such statute is beyond the scrutiny of courts. ..... reported in (1985) 3 scc 198 page 212.247. .....

Dhankari Investments Ltd., a Company Incorporated Under the Companies ...

Court : Allahabad

Reported in : [2006]132CompCas749(All); (2006)6CompLJ519(All); [2006]72SCL191(All)

..... 95.05% have passed unanimous resolution on 31.1.2006 to rescind the resolution to voluntary winding up the company and for its revival, the court may exercise its powers under section 518(1)(b) of the companies act, 1956, which gives power to the court to stay the proceedings or any other matter, all or any of the power, which the court might exercise, if the company were being wound up by ..... compares the powers of the court in a voluntary winding up with compulsory winding up at page 885, as under:there is a useful provision in the companies act 1985, however, by which the aid of the court may be invoked in a voluntary winding up. ..... ghuliani, has filed this company petition under section 466/518 of the companies act, 1956 (in short, the act) to permanently stay the especial resolutions of voluntary winding up passed by the shareholders of the company in their meeting held on 2.6.2005; to restore the powers to the management of the affairs of the company to the ..... circumstances when it is just and beneficial to do so either bring a scheme under section 391 of the companies act, 1956 for its revival or request the court, to stay the proceedings of voluntary winding up altogether. ..... the palmer's company law in its 21st edition, refers to section 307 of the companies act, 1967, applicable to the companies in great britain ch.75- voluntary winding up, explains the power of the court in case of voluntary winding up at page 799, as follows:staying proceedingsthe court has power to .....

Management of International Instruments Vs. Labour Officer

Court : Karnataka

Reported in : ILR1985KAR3648

..... ordinance has beensubsequently replaced by an act called the karnataka industrial establishments (national arid festival holidays)(amendment) act, 1985 ..... . even on the basis that list of 20 days specified in the standing orders which did not include first may was a valid one, as the amendment to section 3 of the act is also intended to regulate the conditions of service of workmen, the first may should also be regarded as one of the holidays added to the list by ..... by his order dated 26-10-1984 (annexure-a) directed theinclusion of first may, 1984, as a holiday in addition to 11 holidays already included in the list taking the view that having regard to the amendment of the act it was obligatory for the management to give one more holiday and could not substitute it for a holiday which is already included in the list.(iv) w.ps ..... the workmen, however, contended that section 11 also applied to the number of holidays enjoyed by the workmen on the date of the amending ordinance/amending act ..... . (1) to sum up, my conclusions as to the effect of the amendment of section 3 of the act are as follows :(i) increase of one holiday in respect of industries/establishments who were giving only five holidays other than three national holidays taking the total number of holidays from ..... . section 11 of the act expressly saves the holidays which the workmen were already enjoying before the amendment by the ordinance or the act as the case may be and therefore the order made by the labour officer was in .....

Commissioner of Income-tax Vs. Estate of Late S. Mehboob Khan

Court : Chennai

Reported in : [1985]153ITR353(Mad)

..... 2,29,300 being the additional surcharge payable under the motor vehicles act for the earlier assessment year is an admissible deduction for the assessment year 1962-63 ?' 9. ..... however, even prior to the notice of demand, while closing his accounts for the year ended march 31, 1962, the assessee made a provision for motor vehicles tax under the act 34 of 1961 at the enhanced rates. ..... the madras motor vehicles (taxation of passengers and goods) act, 1952 (hereinafter referred to as 'madras act 16 of 1952'), levied a tax, among others, on bus operators ..... in this case, the provision made by the assess in his accounts towards motor vehicles tax liability, no doubt, covered three account years, but, in the events that happened, it was inevitable ..... in 1959, the andhra pradesh legislature passed an amending act, act 21 of 1959, under which the tax on but operators was raised from 5 paise to 20 paise. ..... there is also an observation of the tribunal which accords with our line of reasoning and that observation reads thus : 'legally enforceable liability to pay additional surcharge arose only when the amendment and validating act 34 of 1961 came into operation. ..... the pattern of andhra act 34 of 1961 would seem to follow the second the examples given by the supreme court as to the nature and scheme of a combined validation and amending legislation. ..... the reference in the question to the 'additional surcharge' is obviously to the enhanced tax payable under the amending and validation act 34 of 1961. 10. .....