Judgment Search Results Home > Cases Phrase: multimodal transportation of goods act 1993 chapter 5 miscellaneous Court: chennai Page 1 of about 36 results (0.140 seconds)

M. Kanagasabapathy Vs. the Special Officer,

Court : Chennai

Reported in : (2008)1MLJ270; 2007(5)CTC392

..... necessary inconsistency in the two acts standing together, which prevents the maxim from being applied. the above principle has been set out in the decision of harlow v. minister of transport (1951) 2 kb 98. 13. by the order impunged in this writ petition, the learned single judge by merely following the decision reported in 2002 (4) ctc 339 ( ..... contained under act 43 of 1981 even though the applicability of the said section in the context of various other provisions contained in act 30 of 1983 will definitely hold good. the construction of the said provision, compared with the definition of an 'employee' under section 2(a) of act 43 of 1981, it can be safely held that ..... powers to any authority to exercise all or any of the powers vested with it under the act. section 8 gives protection of action taken under the act in good faith by stipulating that no suit or other legal proceedings would lie against the government or damage caused or likely to be caused by virtue of action taken under .....

itc Limited Rep. by Its Constituted Attorney, Subhatosh Banerjee Vs. t ...

Court : Chennai

Reported in : 2007(2)CTC577; (2007)5MLJ897; (2007)7VST367(Mad)

..... impugned levy is being raised only for the said purpose is not justified. maintenance of roads, bridges etc., are generally met from the general funds or revenue. whether goods are transported into the state or outside state or abroad, the state has got a duty to provide facilities like roads, bridges, etc., which are being enjoyed not only by ..... and unhampered by any restriction either at the boundaries of the states or at any other points inside the states themselves. it is the free movement or the transport of goods from one part of the country to the other that is intended to be saved, and if any act imposes any direct restrictions on the very movement of ..... the persons who bring the goods notified for levy of entry tax, but also by others.26. it is necessary to bear in mind that the roads, bridges expenditure test was applied in automobile transport' case (supra) as the tax impugned therein was the tax on motor vehicles which .....

Terminated Full Time Temporary Lic Employees Welfare Association Vs. S ...

Court : Chennai

Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573

..... olga tellis v. bombay municipal corporation, (supra) has no application to this case.35. strong reliance is placed on the ruling of the supreme court in central inland water transport corporation ltd. v. brojo nath : (1986)iillj171sc . the question which arose before the court was whether a rule providing for removal of a permanent employee from service by ..... a view to give the benefit of regularisation knowing the judicial trend that those who have completed 240 or more days are directed to be automatically regularised. a good deal of illegal employment market has developed resulting in a new source of corruption and frustration of those who are waiting at the employment exchanges for years. not ..... whether of the creation of the parties or not. it will apply to situations in which the weaker party is in a position in which he can obtain goods or services or means of livelihood only upon the terms imposed by the stronger party or go without them. it will also apply where a man has no choice .....

Tube Investments of India Limited Represented by Its Vice President, T ...

Court : Chennai

Reported in : (2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)

..... has occasioned the liability to tax. a penalty as high as that sought to be imposed could well put a smaller clearing or forwarding agent or 'dalal' or person transporting goods out of business.in the first place section 40(a)(ia) of the act is in no way comparable to section 38 of the haryana general sales tax act. the ..... the value of the goods in respect of which no particulars and information have been furnished. given the obligation to furnish particulars and information, a penalty ..... the said act at the rate of 20% of the value of goods. while upholding the decision of the high court, the hon'ble supreme court held as under in paragraph 16:16. it is difficult to hold that a clearing or forwarding agent, 'dalal' or person transporting goods can be made liable to a penalty equivalent to 20 per cent of .....

G. Ravichandran Vs. The Principal Secretary, Highways and Minor Ports, ...

Court : Chennai Madurai

..... . despite the same, a settlement was entered and the cases were disposed of. 50. it is clear as a noon day that the mtcl, a wing of state transport department transgressed its powers, and we are inclined to think deliberately. in this context, a passage from westminster corporation v. london and north western railway, as has been ..... private interests. thus, in friends colony development committee v. state of orissa, air 2005 sc 1 (vide para 22) this court observed: "the private interest stands subordinated to the public good." 8. similarly, in sales tax officer v. shree durga oil mills, (1998) 1 scc 572 : (air 1998 sc 591) (vide para 21) this court observed: "public interest ..... conferred upon the corporation must take care not to exceed or abuse its powers. it must keep within the limits of the authority committed to it. it must act in good faith. and it must act reasonably. the last proposition is involved in the second, if not in the first." (v) vengaivasal village panchayat v. the state of .....

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Reported in : 1997(3)CTC255

..... have the above effect arc equally hit by article 301. it has, however, been held by a seven judge constitution bench of this court in automobile transport (rajasthan) limited v. state of rajasthan : [1963]1scr491 that 'regulatory measure or measures imposing compensatory taxes for the use of trading facilities do not ..... will provide the main sustaining force for the stability and progress of the political and cultural unity of the country...'(b) then came the case of the automobile transport (rajasthan) limited v. the state of rajasthan : [1963]1scr491 das, j., who spoke for the constitution bench, referred to the views expressed in tiabari ..... and improving the trading facilities since the interest of the state lies in promoting trade and commerce in goods and commodities with and within the state of bihar. reliance is placed upon the following observations automobile transport (rajasthan) limited : [1963]1scr491 which read:licensing system with compensatory fees would not be restrictions but .....

P. Rayappan and Another Vs. M. Manikandan and Others

Court : Chennai Madurai

..... sic) or reward at separate fares paid by or for individual passengers either for the whole journey or for stages of the journey:" "2(47) "transport vehicle" means a pubic services vehicle a goods carriage an educational institution bus or a private service vehicle:" (underlined for emphasis) "liability" as defined in section 145(c) of the act reads ..... pari materia with section 147(1) of the act as it stood prior to the amendment in 1994. on a closer reading of the expressions "goods vehicle". "public service vehicle", "state carrier" and "transport vehicle" occurring in sections 2(8), 2(25), 2(29) and 2(33) of the old act with the corresponding provisions i.e. ..... for the whole journey or for stages of the journey:" "2(33) "transport vehicle" means a public service vehicle or a goods vehicle:" the act (new act): "2(14) "goods carriage" any motor vehicle constructed or adapted for use solely for the carriage of goods or any motor vehicle not to constructed or adapted when used for the carriage .....

Eternit Everest Ltd. Vs. Union of India

Court : Chennai

Reported in : 1996(56)ECC24; 1997LC52(Madras); 1997(89)ELT28(Mad)

..... is only construing the words of the statute in a reasonable way having regard to the context.' the decision in 1991 supp. (1) scc 600 (delhi transport corporation v. dtc mazdoor congress and others), particularly the observations in paras 119 to 125, relating to the method of construction or interpretation of legislation or rule ..... the ut products representing a portion of the price to be towards excise duty though the petitioners have availed of the exemption notification and cleared such goods without paying the excise duty. suffice it to notice that the excess cost of production incurred in manufacturing the ut products and principles governing prudence ..... authority or prescription of any machinery for adjudication of the vital jurisdictional issue viz., whether any amount has really been collected from the buyer of any goods as representing the duty of excise, the impugned show-cause notices are totally without jurisdiction and without the authority of law. while contending that section .....

Hoewitzer Organic Chemical Co. Vs. Director General of Foreign Trade

Court : Chennai

..... transport bill of lading. .... 2.12.1. where an authorisation expires during the month, such authorisation shall be deemed to be valid until last day of ..... land-locked countries date of dispatch of goods by rail, road or other recognised mode of transport to consignee in india through consignment basis. (iv) by post parcel date stamp of office of dispatch on the packet or dispatch note. (v) by registered courier service date affixed on courier receipt/waybill (vi) multimodal transport date of handing over goods to first carrier in a combined .....

The Royal Sundaram Alliance Vs. D.Gunasekaran

Court : Chennai

..... a days, there are ".packers and movers"., who are hired to transport goods, besides, regular charterers, who transport goods, on receipt of charges. in a given case, the owner of the goods may not travel along with the goods. even in such cases, as the charterer is not the owner of goods, the tariff prescribed, enables the insured to pay an additional premium ..... .1, witness examined, has specifically deposed that as per imt37a, there is nothing to indicate that the vehicle should not be stopped in the midway and transport goods.32. as stated supra, there is a clear admission by rw.1, that the offending vehicle involved in the accident, is a ..... light of the categorical evidence of rw.1, that more persons, can transport goods in the goods carriage vehicle and when rule 236 of the tamil nadu motor vehicles rules, permits transportation, the contention of the learned counsel for the appellant that only one owner of the goods is entitled to be compensated under the motor vehicles act, 1988, under .....