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Judgment Search Results Home > Cases Phrase: multimodal transportation of goods act 1993 section 23 general average Court: supreme court of india Page 7 of about 245 results (0.202 seconds)

May 06 2010 (SC)

Bhim Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... outcome of our own historical process and a recognition of the ground realities...enough to note that our constitution has certainly a bias towards center vis-'-vis the states- automobile transport (rajasthan) ltd. v. state of rajasthan : (1963) 1 scr 491. it is equally necessary to emphasise that courts should be careful not to upset the delicately ..... petitioners that under the guise of the scheme there is arbitrary and malafide use of powers by mps in allocating the work and using the funds does not hold good in the light of the following information: there are three levels of accountability which emerge from a study of the working of the scheme, (1) the accountability ..... interference is permissible when the action of the government is unconstitutional and not when such action is not wise or that the extent of expenditure is not for the good of the state. we are of the view that all such questions must be debated and decided in the legislature and not in court.accountability under mplads43. .....

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Apr 25 1996 (SC)

Dalmia Cement (Bharat) Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825

..... is there any impediment on its movement by the act. the act regulates only packing of the commodities or class of commodities with jute packaging material. transportation on account thereof stands no impediment for the said trade and commerce. the commerce clause in article 301, therefore, stands no impediment for free flow ..... order, well-being and morality. establishment of priorities of liberties is a political judgment.12. law is the manifestation of principles of justice, equity and good conscience. rule of law should establish a uniform pattern for harmonious existence in a society where every individual would exercise his rights to his best advantage to ..... liberty. liberty cannot stand alone. it must be paired with a companion virtue: liberty and morality; liberty and law; liberty and justice; liberty and common good; liberty and responsibility which are concomitants for orderly progress and social stability. man being a rational individual has to live in harmony with the equal rights .....

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Aug 24 2001 (SC)

M.S. Grewal and anr. Vs. Deep Chand Sood and ors.

Court : Supreme Court of India

Reported in : II(2001)ACC540; 2001ACJ1719; AIR2001SC3660; 2001(4)ALLMR(SC)496; 2001(49)BLJR2294; JT2001(7)SC159; 2001(5)SCALE610; (2001)8SCC151

..... pradesh high court, which had been mentioned in the order of this court dated 15th december, 1993, this court in the case of general manager, kerala state road transport corporation, trivandrum vs. susamma thomas and ors. : air1994sc1631 : air1994sc1631 , exhaustively dealt with the question. it has been held in the aforesaid case that for assessment ..... attributed utter negligence on the part of the teachers and thus conceded on the issue of negligence. concession, if any, as noticed above, though undoubtedly a good gesture on the part of the school authority, but can the school absolve its responsibility and corresponding culpability in regard to the incident: would they be termed ..... the matter, a sum of rs. 2 lakhs can be termed to be a reasonable figure and his clients should be prepared to pay the same - a good gesture undoubtedly, but since the same does not receive concurrence from mr. malhotra, the learned senior advocate, appearing for the respondents herein, we refrain ourselves from .....

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Nov 27 2012 (SC)

Commissioner of Central Excise, New Delhi. Vs. Connaught Plaza Restaur ...

Court : Supreme Court of India

..... stabilizers were added; the mixture, in liquid form, was then homogenized, packed in polyethylene pouches and stored at 0 to 40c. this material was then transported to the outlets under the same temperature control, where the liquid mix was pumped into a 'taylor-make' vending machine; further cooled along with the infusion ..... assessee, namely, conversion of soft serve mix to 'soft serve' amounted to manufacture and that 'soft serve' was classifiable under sub-heading 2108.91, describing the goods as "edible preparations, not elsewhere specified or included" "not bearing a brand name", attracting nil rate of duty. the tribunal held thus :-"in view of ..... show cause notice, vide order dated 31st may, 2000, the adjudicating authority held that : 'soft serve' was classifiable under heading 04.04. describing the goods as "other dairy produce; edible products of animal origin, not elsewhere specified or included", it held that the process undertaken by the assessee amounted to manufacture and .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... and social programme the state is to own or control the key industries and services, mineral resources, railways, waterways, shipping and other means of public transport. in 1945 the working committee said that the concentration of wealth and power in the hands of individuals and groups was to be prevented. social control ..... that the constitution imposed against laws which contravened these rights and the effective remedy supplied under article 32. indeed the framers of the constitution took good care not to confer the fundamental rights in absolute terms because that was impractical. knowing human capacity for distorting and misusing all liberties and freedoms, ..... constitution fourth amendment act was intended to remove the barriers of articles 14, 19 and 31(2) in respect of land legislation considered essential for public good. 1097. state legislatures cannot remove the fetter. they have no power to amend the constitution. parliament cannot remove the fetter by ordinary law. by amendment .....

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Apr 15 2009 (SC)

Smt. Sarla Verma and ors. Vs. Delhi Transport Corporation and anr.

Court : Supreme Court of India

Reported in : 2009ACJ1298; AIR2009SC3104; 2009(3)AWC2138(SC); 162(2009)DLT278(SC); JT2009(6)SC495; 2009(4)MPHT99(SC); RLW2009(4)SC2785; 2009(6)SCALE129; (2009)6SCC121; 2009(5)LC2280(SC); 2009(2)TNMAC1(SC)

..... davies v. powell duffryn associated collieries ltd. . the difference between the two methods was considered and explained by this court in general manager, kerala state road transport corporation v. susamma thomas : air1994sc1631 . after exhaustive consideration, this court preferred the davies method to nance method. we extract below the principles laid down in ..... uncertainties of future life and for immediate lump sum payment, the effective multiplier would be between 30 and 34. this is wholly impermissible.in up state road transport corporation v. trilok chandra : (1996)4scc362 , this court, while reiterating the preference to davies method followed in susamma thomas, stated thus:in the method ..... last case, is just compensation. just compensation is adequate compensation which is fair and equitable, on the facts and circumstances of the case, to make good the loss suffered as a result of the wrong, as far as money can do so, by applying the well settled principles relating to award of .....

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Sep 22 1993 (SC)

Shri Malaprabha Co-op. Sugar Factory Ltd. Vs. Union of India and Anoth ...

Court : Supreme Court of India

Reported in : AIR1994SC1311; JT1993(3)SC561; 1993(3)SCALE927; (1994)1SCC648; [1993]Supp2SCR415

..... of the matter. in actualities, the cane growers were paid a higher price than the statutory minimum price. this is because the appellant-society had to pay harvesting and transport charges. this important factor ought to have been taken note of by the government.36. mr. p.v. kapur, learned counsel appearing for the sugar mills of ..... to the courts' remedial discretion and may prove decisive.91. we may also add that the interests of the appellants will have to be measured against the needs of good administration which include: the need for speedy finality in decision making, the public interest, the purpose of administrative process and the need to consider substance not form.92 ..... on the following ground:(i) if the fixation of levy price is arbitrary.(ii) if it is fixed on extraneous grounds.(iii) if it is not done in good faith.(vi) if ultra vires of the power granted and not on consideration of relevant material facts.(v) if it is manifestly unjust oppressive or outrageous or directed .....

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Dec 11 1996 (SC)

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... being riverine, has 14 major, 44 medium and 55 minor rivers which discharge annually about 1566 thousand million cubic meters of water through land drainage into the seas transporting a wide range of pollutants generated by land-based activities. nine out of fourteen major rivers meet the sea in the east coast (brahmaputra through bangladesh) and ..... in this country'. the court ruled that 'once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity. the rule is premised ..... almost reaching the levels of taiwan before the disease outbreak in 1988. this necessitates heavy inputs of high energy feeds, the use of drugs and chemicals and good water exchange. the organic load and accumulation of metabolites in the water drained into the sea should be very high as could be seen from the dark-brown .....

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Jul 23 2009 (SC)

Reshma Kumari and ors. Vs. Madan Mohan and anr.

Court : Supreme Court of India

Reported in : JT2009(10)SC90; RLW2010(1)SC361; 2009(10)SCALE90:2009AIRSCW6999; (2009)13SCC422

..... act was inserted on or about 14th november, 1994.9. even prior to the enactment of the said provision, this court in general manager, kerala state road transport corporation, trivandrum v. susamma thomas and ors. : air1994sc1631 following the decisions of the english courts applied structured formula for determination of the amount of compensation. the ..... aforementioned provision was brought in the statute book, this court had the occasion to consider the applicability of the structured formula once again in u.p. state road transport corporation. v. trilok chandra : (1996)4scc362 . ahmadi, c.j. noticed certain discrepancies therein and inter alia pointed out:18. we must at once point out ..... of multiplier would depend on the facts and circumstances of each case. looking to the facts of this case we find that the tribunal has given good reasons for applying the multiplier of 15. this was in addition of taking into consideration that the predecessors of the deceased all lived for more than 80 .....

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Mar 29 2006 (SC)

Akhil Bharat Gosewa Sangh Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162

..... to far away districts of andhra pradesh state like srikakulam, visakhapatnam or for that matter, nellore and anantapur, which are situated several hundreds of miles away. the transport of cattle over long distance may induce the slaughter house to go in for cattle in the nearby areas, whether in andhra pradesh, maharashtra or karnataka - ..... regard to the pollution of air and water the suggestions, and recommendations made by the krishnan committee as well as the expert opinion contained in it were good and acceptable. the government of india in the ministry of environment and forests have already accepted the same and the steps to implement have already been ..... the appeals challenging the report and finally this court by its order dated 12th march 1997 reported in : [1997]2scr1040 made the following observations:there is good amount of substance in the submissions of the learned counsel for the appellants. the statistics which constitute the basis of this report submitted by the government .....

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