Court : Supreme Court of India
Reported in : (2005)194CTR(SC)257; JT2005(5)SC587; (2005)2SCC515; [2005]139STC537(SC)
..... v. boddu paidanna (supra); state of bombay v. chamarbaugwala, : [1957]1scr874 ; atiabari tea co. v. the state of assam : [1961]1scr809 ; the automobile transport (rajasthan) v. the state of rajasthan : [1963]1scr491 although they may be of some relevance in determining the true character of particular legislation (subrahmanyan chettiar v. muthuswami ..... the union's power to legislate with respect to 'duties of customs including export duties'. entry 84 speaks of 'duties of excise on tobacco and other goods manufactured or produced in india except ( a ) alcoholic liquors for human consumption ( b) opium, indian hemp and other narcotic drugs and narcotics but ..... to items not manufactured or made in india. these items which do not refer to any value are silk yarn, foreign liquor, toys, electrical and electronic goods, cosmetics, umbrellas, tea, glassware and crockery, soaps, chocolate and confectionery, readymade garments, motorcycles and motor vehicles.section 4 which is the charging section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)125; [1997]88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; [1996]Supp6SCR798
..... are safe and without risk of health;(b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;(c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;(d) the ..... , bombay and orissa high courts. the court observed:this being the position of law as enunciated by the karnataka and bombay high courts, now let us see whether this is good law as a laid down by these two high courts. a bare reading of section 2(n) as amended will show that the material part of the section defining an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(6)SC69; 2008(7)SCALE62; (2008)7SCC469; (2008)14VST355(SC); 2008AIRSCW4462
..... payable to sugarcane growers by the sugar factories as state advised price ('sap' for short). the price paid by sugar factories to sugarcane growers also comprises harvesting subsidy, transportation subsidy, plantation subsidy and the advance payment towards these subsidies. 3. the assessing authority for the assessment years 1990- 1991, 1991-1992, 1992-93 and 1993-94 ..... the contention of the appellant was that it was the controller who determined the persons to whom the goods were to be supplied, the price at which they were to be supplied, the manner in which they were to be transported and the mode in which payment of price was to be made. in short, it was said ..... of sugarcane and consequently no tax under the mysore sales tax act could be levied. it was held that statutory orders regulating the supply and distribution of goods by and between the parties under the control orders in a state do not absolutely impinge on the freedom to enter into contract. legislative measures or statutory .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)
..... and, as noticed at the first opportunity, the appellant filed an application for a direction or clarification that the proceeding under the 1940 act would apply. in delhi transport corporation (supra), factually it was held : "...the conduct of the arbitration proceedings and the participation of the parties therein shows that the parties acted under the 1996 ..... arbitration clause called for arbitration by a sole arbitrator and not by a panel of three. by various routs, all three judges concluded that the notice was a good notice. effectively, the court looked at the underlying intention of the party serving the notice. 2-201. the "agios lazaros" exemplifies the appropriate approach for a ..... .1997, both the parties gave a clear consent to refer this matter to the arbitration before the high court of patna. the parties by agreement gave a good bye to all other proceedings and on 6.5.97, agreed for reference of their disputes to the arbitrator. the sanctity of the undertaking given to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175
..... bhawan, lucknow and ors., 2000 (86) flr 155, sri chittaranjan das v. durgapore project limited and ors., 1995 (2) clj 388, babulal and ors. v. rajasthan state road transport corporation and anr., 2000 (84) flr 847 and mitrangshu roy choudhary v. union of india and ors., : (1999)illj897sc ).125. a division bench of the gujarat high court in ..... . suresh and ors. : (1999)illj1086sc . in this case, their lordships held that court must decide in interest of the public inspired by principle of justice, equity and good conscience. similarly, in the case of air india statutory corporation and ors. v. united labour union and ors. : (1997)illj1113sc ( though this case is no more a ..... good law with regard to the contract labour (regulation and abolition ) act 1970 because subsequent decision of the constitution bench has reversed this decision in the case of steel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300
..... expression 'peril insured against' would depend upon the terms of the policy. the policy was extended to a case where the costs of transportation would be more than the value of the goods. marine insurance act is subject to the terms of insurance policy. where the insurer takes additional premium and insure a higher risk, no ..... goods. the burden of proof to show that the exclusionary clauses are attracted being on the insurer and such burden having ..... insurance policy which would include non-delivery for any reason whatsoever. non-delivery of goods, the learned counsel urged, would bring within its fold constructive total loss as there is no serious dispute in regard to the fact that cost of transportation of goods from singapore to calcutta was much higher than the actual costs of the .....
Tag this Judgment!Court : Supreme Court of India
..... royappa v. state of tamil nadu & anr., air 1974 sc 555; and smt. meneka gandhi v. union of india & anr. air 1978 sc 597). 36. in m/s. sharma transport rep. by d.p. sharma v. government of a.p. & ors. air 2002 sc 322, this court defined arbitrariness observing that party has to satisfy that the action was not ..... as most of the discrepancies stood removed. even if something remains to be done, it can be cured even now, however, such a minor issue could not be a good ground for putting the act 2010 under suspended animation for an indefinite period on uncertain terms. (xxi) undoubtedly, there had been a few instances of portraying the personality by ..... the action becomes bad where the true object is to reach an end different from the one for which the power is entrusted, guided by an extraneous consideration, whether good or bad but irrelevant to the entrustment. when the custodian of power is influenced in exercise of its power by considerations outside those for promotion of which the power is .....
Tag this Judgment!Court : Supreme Court of India
..... facts andcircumstances within his knowledge so far as conspiracy hatched in dubai,training in pakistan, smuggling of rdx and landing of the same at dighi andshekhadi coasts, transportation of rdx to bombay, filling of the vehicleswith rdx and planting of the same at important places in bombay on12.03.1993 and other acts incidental thereto ..... proceed towards waghani tower. when they reachedwaghani tower, pw-2 noticed that 2/3 jeeps and a maruti car were parkedthere. he along with others unloaded the goods from the truck and broughtthem to the central room of waghani tower. on tiger's instructions, he andothers unpacked the bags. the bags were containing ak-56 ..... by thedesignated tada court, observed as under: "58. there is no denial of the fact that the judicial confessions made are usually retracted. retracted confessions are good confessions if held to have been made voluntarily and in accordance with the provisions of law . corroboration of the confessional statement is not a rule of law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2005; JT1993(3)SC82; 1993(2)SCALE593; 1993Supp(4)SCC136; [1993]3SCR199
..... .137. we will assume, for a moment, that the contract is an adhesion contract. but still, it is not unconscionable.138. in central inland water transport corporation v. brojo nath ganguly : (1986)iillj171sc 'adhesion contract' is defined quoting black's law dictionary, fifth edition, at page 38, as follows:adhesion ..... contract.- standardized contract form offered to consumers of goods and services on essentially 'take it or leave it' basis without affording consumer realistic opportunity to bargain and under such conditions that consumer cannot obtain desired ..... rightly or wrongly as forensic fatein fatehchand himmatlal v. state of maharashtra : [1977]2scr828 it was observed:maybe, some stray money-lenders may be good souls and to stigmatize the lovely and unlovely is simplistic betise. but the legislature cannot easily make meticulous exceptions and has to proceed on broad .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... may be said that education upto elementary level in practically all schools is free. 1 other costs of education, such as text books, uniforms, schools bags, transport etc. are not borne by states except in a very few cases by way of incentives to children of indigent families or those belonging to scheduled caste/scheduled ..... institutions cannot award their own degrees. even if they award certificates or other testimonials they have no practical, value in as much as they are not good for obtaining any employment under the state or for admission into higher courses of study. the private educational institutions merely supplement the effort of the state in ..... any private individual or body from establishing a university and it was therefore open to a private individual or body to establish a university. there is a good deal in common between educational institutions which are not universities and those which are universities. both teach students and both have teachers for the purpose. but .....
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