Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: chennai Page 1 of about 10,640 results (0.111 seconds)

Union of India (Uoi) Rep. by Director of Education, Directorate of Edu ...

Court : Chennai

Reported in : (2008)5MLJ226

..... the following passage found in paragraphs 20 and 27 will show that the mulki rules applicable to telungana region were protected by an act of parliament.para 20: the fourth question again is not free from difficulty. ..... they also submitted that the stand of the government of puducherry basing upon the agreement with the republic of france r/w section 4(2) of the puducherry administration act 1962 has no relevance and such specious plea cannot stand in the light of the overriding effect of the constitution of india provided under article 13 of the constitution.13 ..... the judgments relied on by him arose in the context of income-tax act, motor vehicles act, east punjab public safety act, municipal tax and agricultural income tax made by various state legislations wherein application of those enactments were made to a particular region or to a particular class of people or local variations were made by the state under the power ..... in other words, the date of commencement of the act was fixed as march 21, 1959 and the rules also came into force on the same date.20. ..... the policy decision, which in the present case has the undoubted effect of deviating from the normal and salutary rule of selection based on merit is subversive of the doctrine of equality, it cannot sustain. ..... venkata reddy : (1972)iillj486sc protecting the operation of public employment (requirement as to residence act 1957) in respect of telungana region of andhra pradesh has no relevance to the case of the petitioner government .....

Pondicherry Co-operative Milk Producers, Union Ltd. Vs. Registrar of C ...

Court : Chennai

Reported in : 2001CriLJ3262

..... shall be deemed to have been made as per bye-laws and as one made by the competent authority as per statutory provisions of the pondicherry co-operative societies act, 1972, its rules, bye-laws of the society and rules governing the post of managing director and the administrator shall hand over charge to the new incumbent within outer limit of four months from the date of communication of ..... of the second respondent-society in consultation with all the members of expert panel by releasing the advertisement in six newspapers as was done during 1984-85 so as to secure a good response and to act according to the statutory directions issued by the registrar on 14-8-2000 in the matter of filling up the office of the managing director after holding the selection from among the suitable candidates who apply for ..... namely the chairman of the pondicherry co-operative milk producers' union and the newly elected chairman or board of directors if any, shall also not act in their respective capacity until further orders of this court and the administrator appointed by this court shall act in the place of the board or committee or committees as well as the managing director to manage the affaire of the society and exercise ..... delaying the matter, it is needless to add that the registrar could take suitable action including an action under chapter-viii of the act, as the co-operative union had been successfully avoiding to fill up the office of the managing director, despite earlier orders under some .....

Madras Aluminium Co. Ltd. and anr. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 1990LC607(Madras); 1980CENCUS50D; 1981(8)ELT478(Mad)

..... the personal hearing, on behalf of malco it was submitted that the claim for refund being for the amount which was collected illegally unauthorisedly and without the authority of law, the provisions of the rules providing limitation were not applicable, that the normal period of limitation for filing a suit for obtaining refund of money paid under a mistake of law was three years from the date of the detection ..... over the same to the state, he had no beneficial interest in that amount, that the amount shall be claimable only by the persons who paid the amount to the dealer and that, therefore, section 9-b(3) of the act providing that if the amount realised by the dealer exceeded the amount payable by him as tax such amount shall be deposited in the treasury is a reasonable restriction imposed on the right of the dealer to obtain refund ..... , however, whatever be the basis for the claim of refund of excise duty paid, the claim should have been made within three months in cases coming under rule 11 and within one year in respect of cases coming under rule 173j and that there is no scope for bringing in the provisions of the limitation'act of the common law for seeking the refund from the excise authorities.15. ..... -91i 1972 2 mlj 244, a division bench of this court to which one of us was a party, had ruled that section 3(1) of the central excises and salt act which is the charging section does not make any distinction between the goods manufactured for one's own use and consumption, and .....

B. Sridharan and Others Vs. The Union of India, rep. by its Joint Secr ...

Court : Chennai

..... the payment, is concerned, in that case, though the award was passed, the compensation amount was neither paid to the owner nor deposited before the court, in terms of the requirements under the land acquisition act, 1894 and therefore, the honourable apex court held that the acquisition proceedings got lapsed whereas in this case, the award was passed and the compensation amount was also deposited before the ..... in the year 2009, the petitioners came to know through information provided under the right to information act that the aforesaid land was acquired under the land acquisition act, 1894, by issuance of section 4(1) notification for the purpose of expansion of temple bay and shore cottages at mamallapuram village, chengalpattu taluk, by india tourism development corporation, the 3rd respondent herein, at the instance of union of india, the ..... no hard and fast rule can be laid down as to when the high court should refuse to exercise its jurisdiction in favour of a party who moves it after considerable delay and is otherwise guilty of laches. ..... thiruvengada mudaliar died on 24.11.1972 leaving behind three sons, including the father of the 3rd petitioner and two daughters by name, s. ..... (ii) wrong details have been given in the award itself stating that thiruvengada mudaliar died in the year 1964 whereas he died in 1972. .....

Madras Steel Re-rollers Association, Rep. by Its President Sri Umesh M ...

Court : Chennai

Reported in : 2003(88)ECC563; 2003(159)ELT75(Mad)

..... reported in :and held that as provided under section 3a(4) of the central excise act and as provided under rule 96zo(3) of the central excise rules, the alternative procedure and the option to be exercised by the assessee are valid.14. ..... 45/97-central excise (nt) dated 30.8.197 as ultra vires and contrary to section 3a of the central excise act, 1944 and sub rule 3 of the said rules in so far as the petitioner is concerned or in so far as the petitioners association is concerned. 3 ..... the learned counsel for the respondent contended that rule 96-zo(3) is contrary to section 3-a(4) of the act and, therefore, should be held to be ultra vires or the relevant rules should be read in such a manner so as to allow the procedure prescribed under the provisions of section 3-a(4) to be followed ..... the substantial contention being that rule 5 runs counter to the object and scope of section 3a of the central excise act and by the introduction of the rule, the object and policy of the act has been altered which is not permissible as the rule has been framed by the delegated authority and a delegated authority cannot overrun the parliament by exercise of such rule making power. ..... is to be stated that in exercise of the powers conferred under section3 3a of the act, the 1998 rules were framed, which came into force on 10th december, 1998. ..... in respect of section 3a(4) of the central excise act and rule 96zo(3) or rule 96 zp(3) of the excise rules, the apex court in the said pronouncement held thus:- .....

Western Rly., Bombay and ors. Vs. Railway Rates Tribunal, Madras and o ...

Court : Chennai

Reported in : AIR1955Mad513; (1956)IMLJ417

..... this case is a reduction in the level of class rates, schedule rates or other charges which fall within the exclusive jurisdiction of the central government under section 42(2), railways act, in the exercise of the powers conferred on them by sections 29 and 52 the central government have fixed the maximum and the minimum rates and the conditions in which such rates will ..... rates in cases where such conditions are not present.we see considerable force in the contention of learned counsel for respondents that the prescribing of a minimum charge under rule 82(2)(ii) is a condition of the same or similar nature to the one regarding those, specifically enumerated in sub-clause (b).10. ..... petitioners are not desirous of having a classification of an unclassified commodity in the sense in which rule 69 speaks of unclassified goods for strawboard is & classified and is shown in class (2) the ..... before dealing with the proper construction of section 41, section 42 and other provisions of the railways act we may mention that it was very properly accepted by learned counsel appearing for the railway administrations that it we agreed with the tribunal that it had ..... section 61 of the act).in any event, it would include a charge of the type with which we arc here concerned gamely a minimum wagon load charge under rule 82(2)(ii).if it is a charge within the meaning of the rail-wdys act, there is nothing in the context to take it out of the scope of the jurisdiction of the tribunal under section .....

Corporation of Madras Vs. Arumugham

Court : Chennai

Reported in : AIR1966Mad194; 1966CriLJ668; (1965)2MLJ403

..... the reason is that so far as the food adulteration act and the rules thereunder are concerned, what is pure ghee and what is adulteration of ghee are matters of ..... prescribed' is defined in clause (xii) as meaning 'prescribed by rules made under this act' and such rules in the context are rules 44(c) and 46. ..... 7 and 16 of the act r/w rules 44(c) and 46 or with rule 44(b), the sanctioning authority must be deemed to have exercised his mind in considering the analyst's report the elements constituting the ..... and 16 of the prevention of food adulteration act r/w rules 44(c) and 46 of the rules framed thereunder. ..... and 16 of the prevention of food adulteration act, and rules 44(c) and 46 of the rules thereunder. ..... learned magistrate was not prepared to go into this question as the violations of the provisions of the act as well as the rules are offences per se. ..... 16 of the act deals not only with violations of offences in the act but also the rules and there can be no two opinions that the respondent would be liable for offences punishable under ..... when the rules say that any deficiency in the reichert value below a particular stipulated figure means a sub-standard quality and such sub-standard quality is by definition an act of adulteration, it will not be open to the court to embark on an academic investigation about the reichert value and its bearing upon the quantum of fat in milk in different areas in this ..... 20 of the act in the light of the supreme court ruling in state of bombay .....

Durairaj Mills Ltd. Vs. Deputy Cit

Court : Chennai

Reported in : (2001)72TTJ(Mad)799

..... :'the option of the assessee in the matter of grant of depreciation after the particulars were available is practically nil and it is the duty of the income tax officer to determine the total income under the act and if he finds there are particulars for the grant of depreciation, as an officer to determine the correct income of the assessee, he has jurisdiction to grant the depreciation even where the assessee has not desired the deduction ..... from assessment year 1970-71 onwards, the provisions of section 32 of the income tax act read with rule 5 of the income tax rules, 1962, do not have any provisions granting replacement of machinery as a revenue expenditure in the 1922 act read with rule 8, and in the 1961 act read with rule 5 upto assessment year 1969-70, however, replacement cost of certain machineries were granted allowance by way ..... thus in the light of the changed legal environment from assessment year 1970-71 wherein plant and machinery itself is the unit for consideration of allowances under sections 31 and 32 of the act, replacement of defective parts of a machinery with the objective of preserving and maintaining the machinery, though involving a substantial value is a revenue expenditure allowable under section 31 as current repairs whereas replacement/renewal of the entire ..... this is in contrast with the earlier provision (1922 act with rule 8 and rule 5 upto assessment year 1969-70), wherein replacement cost of certain machineries were granted allowance by way .....

Jayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board

Court : Chennai

..... also vehemently contended, that the levy of penal charges is governed by the statutory rules known as the railways (punitive charges for overloading of wagons) rules, 2007, framed in exercise of powers under section 1 r/w clause (9) of sub-section (2) of section 87 of the railways act, 1989, therefore, these charges do not come under clause (b) or (c) of section 36 of the railways act, thus, the matter did not fall within the jurisdiction of the learned tribunal.29. ..... it is submitted, that there is no jurisdiction with the learned tribunal to interpret the penal charges levied under the rules to be reasonable or unreasonable, because under section 36 of the act, the complaint can only be made before the learned tribunal for declaring the charges levied for carrying of commodity between two stations to ..... respondents prayer: writ petition is filed under article 226 of constitution of india for issuance of a writ in the nature of declaration, declaring that the section 44 of the railway act, 1989 insofar as it restricts the power of the 2nd respondent to grant any relief anterior to the date of complaint is ultra vires, unconstitutional of the various provisions of the ..... of petitioner if at all only falls under section 36(c) of the act, the central government has been authorized by notification to make rules for the purpose of this chapter. ..... the learned tribunal is only to go into the question of reasonableness of authorities in framing the rules and not an act of imposing penalty.43. .....

Dalmia Cement (Bharat) Limited Vs. the State of Tamil Nadu

Court : Chennai

Reported in : [1982]51STC259(Mad)

..... be included in the sale price for determining the total turnover of a dealer under the tamil nadu general sales tax act, we held that by the operation of rule 6(c) of the rules framed under the tamil nadu general sales tax act, a dealer would be entitled to exclude the freight from the sale price for the purpose of assessment to sales tax ..... [1982] 51 stc 171, we hold that the freight incurred by the dealer in the despatch of goods to the place of destination of the purchasers has to be deducted from the total turnover under rule 6(c) of the rules framed under the act for the period 1st january, 1968, to 31st march, 1968, as well. 9. ..... that the sale price is not defined in the tamil nadu general sales tax act, as in the case of the central sales tax act or the rajasthan sales tax act, which came up for interpretation before the supreme court in hindustan sugar mills ltd ..... on revision to this court by the assessee it has been held as follows : 'the clear intent of rule 6(c) is that wherever transport charges are part of the overall consideration, but are separately charged for by the dealer, without including them in the price of the goods sold, the dealer ..... dealer and its purchasers has been for the sale of cement at a particular rate and that the said rate included the freight also notwithstanding rule 6(c) of the rules framed under the act. ..... rule 6(c) we also relied upon the definitions of 'dealer', 'turnover' and 'taxable turnover' occurring in the tamil nadu general sales tax act .....