Court : Kerala
Reported in : AIR1988Ker330
..... prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882(4 of 1882), any other officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business for one or more of the following reliefs, namely : -- (a) for an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the financial corporation as security for the loan or advance; or (aa) for enforcing the liability of any surety; or (b) for transferring the management of the industrial concern to the financial corporation; or (c) for an ad interim injunction restraining the industrial concern ..... the board of directors under the act consists of four directors nominated by the state government, one of whom shall be a person who has special knowledge of or experience in small-scale industries, one director nominated by the reserve bank, two directors nominated by the development bank, three directors elected in the prescribed manner and a managing director appointed by the state government in consultation with and after obtaining the advice of the development bank. ..... special provisions for enforcement of claims by financial corporation. ..... greater bombay municipality air 1974 sc 2009, a decision by a constitution bench of seven judges. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489
..... the mines act, 1952; the mines and minerals (development) act, 1957; oil fields (regulation and development) act, 1948; petroleum and minerals pipelines (acquisition of right of user in land) act, 1962; the oil industry (development) act, 1974; industries (development and regulation) act, 1957; petroleum and natural gas rules, 1959 are some of the legislations made by the ..... the gujarat act confers authority upon the state government to regulate the business of distribution and transmission of gas and the provisions of that act, ex facie, provide for taking over the mineral oil fields and intermeddle in the activities relating to the drilling for oil ..... the act deals with offences and penalties and section 34(1) and (2) states that whoever carries on business of transmission in contravention of clause (a) of sub-section (1) of section 23 or of clause (a) or (b) of sub-section (2) of section 55 or whoever carries on business of distribution or lays pipelines for such distribution without a licence in contravention of section 25, shall on conviction, be punished with imprisonment which may extend to six months or with fine not exceeding five lakhs of rupees or with both and in the case of a continuing offence an additional fine not exceeding twenty thousand rupees for ..... the particular substance of which the appellant claimed to be owner, and to interference with which he objected, was the gas contained in a cap situated on top of the petroleum and also any gas which was in solution in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR266; 2000(2)BomCR698; 2000(1)MhLj8
..... in support of this contention, the definition of petrochemical and petroleum products given in the oil industry and development act, 1974; as well as in section 3 of the essential commodities act, 1955, are relied upon by the respondent. ..... their lordships, in the majority view, have observed: 'a claim for refund, whether made under the provisions of the act as contemplated in proposition (i) above or in a suit or writ petition in the situations contemplated by proposition (ii) above, can succeed only if the petitioner/plaintiff alleges and establishes that he has not passed on the burden of duty to another person/other persons. ..... the corporation has used the amount of octroi for the benefit of the public and, therefore, the petitioners cannot claim the refund. 8. ..... so, the division bench held that, as the additional duty of customs was not directly passed on by the petitioners to any third party by selling the imported goods, the petitioners were entitled to claim the refund. 19. ..... so, while considering the provisions of customs duty under the relevant notifications, the question of refund of the customs duty collected arose and then, by relying on the judgment of the supreme court in the matter of h.m.m. ..... whether the claim for restitution is treated as a constitutional imperative or as a statutory requirement, it is neither an absolute right nor an unconditional obligation but is subject to the above requirement, as explained in the body of the judgment. .....
Tag this Judgment!Court : Guwahati
..... in addition to the above, under the provisions of the oil industry (development) act, 1974 a duty of excise by way of a cess is levied on crude oil and natural gas. ..... the aforesaid clarification was in the context of the provisions of section 6(2)(i) of the erstwhile mines and minerals (regulation and development) act, 1948 which conferred the power to levy and collect fees or taxes in respect of minerals mined, quarried, excavated or collected on the central government and the absence of any such peri materia provisions in the mines and minerals (regulation and development) act, 1957. ..... after noticing the aforesaid basic difference, the commonness of the issue arising out of the claim of the state that the impugned levy was a tax on land and hence covered by entry 49 of list ii, must also be noticed. ..... section 5 of 1948 act empowered the central government to make rules for regulating the grant of mining leases and the rule making power empowered the authority to lay down the terms on which and the conditions subject to which mining leases may be granted. ..... local board of barpeta the appellant, a landholder, held a hatt (or market) on his land. ..... the local board relied on entry 49 in list ii. ..... the local board asked the appellant to take out a licence and pay rs. .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)27CTR(Bom)183; [1982]136ITR186(Bom); [1982]9TAXMAN203(Bom)
..... in the appeal before the tribunal, the view taken was that the assessee being engaged in an industry specified in the first schedule to the industries (development and regulation) act, 1951 (hereinafter referred to as 'the industries act, 1951'), the claim of the assessee was not affected by the provisions of cl. (5)(c) of s. ..... these were the words relied upon by the learned counsel for the assessee for the contention that de-oiled cake is manufactured in an industry which is specified in the first schedule, namely, the industry engaged in the manufacture of vegetable oils, including solvent extracted oils, and vanaspathi. ..... (ii) and (iii) above will show that they are special provisions permitting the assessee to earn an additional export rebate if the assessee of the type referred to in sub-clauses. ..... act, 196 :'whether, on the facts and in the circumstance of the case, the tribunal was right in holding that on a correct construction of section 2(5)(a)(ii) and section 2(5)(c) of the finance act, 1964, the assessee was entitled to rebate of tax on exports of de-oiled cake ?'4. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(183)ELT3(AP)
..... 47 of 1972, oil industry (development) act, 1974 (for short 'oid act') was enacted for establishment of a board for development of oil industry and for that purpose to levy a duty of excise on crude oil and natural gas. ..... as per the provisions of oid act under which the cess is realised, the date on which the crude oil is removed from the place where it is produced, is the date for determination of the rate of cess and the quantity on which the cess is required to be paid is the quantity which is received in the refinery or the factory. ..... nagarjuna reddy, learned counsel for the petitioner that oid act makes no provision for levy of such interest on delayed payment of cess. ..... there being no substantive provision in the oid act, levy of interest can be by substantive provision only, we are of the view that prima facie case is made out the petitioner for grant of interim directions.10. ..... this contention, prima facie, in our view, finds support from the provisions in section 15(2) of the oid act and the circular no. ..... it is the case of the petitioner (producer of crude oil) that in terms of section 15(2) of the oid act, duty of excise in the form of cess shall be collected on the quantity received in refineries (buyer). ..... rajasekhara reddy, learned senior standing counsel for central government contends that by subsection (4) of section 15 of oid act, provisions of c.e. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom231; 2002(3)ALLMR456; 2002(3)BomCR489
..... the dictionary meaning -- concise oxford dictionary of 'product' is a thing or substance produced by natural or manufacture.similarly, the learned counsel for the respondents also pointed out the meaning given to petroleum product in oil industry (development) act, 1974. ..... even if it is so understood in the 'petroleum industry' or commercial parlance and hence in the definition of 'petroleum product' contained in the oil industry (development) act, 1974 natural gas is included. ..... the said act is for establishment of the board for the development of oil industry and for levying duty of excise on crude oil, natural gas etc. ..... on or after the 1st day of april 1978 shall be deemed to have been levied under entry 22 in schedule h to the bombay municipal corporation act, as amended by section 9 of the maharashtra municipal corporation (amendment) ordinance, 1993, as if that entry in that form was in force on the day on which the octroi was so levied. ..... considering the provisions of the bombay provincial municipal corporations act, 1949 and considering the legislative intent it was held to be falling under entry 53(c) dealing with 'plastic, plastic goods and plastic powder. ..... 22(a) effective and enforceable from 1-4-1978.8. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP234
..... there is however no provision under the mines and minerals (regulation and development) act vesting the land containing m,ines or minerals in the central government by divesting the state government nor is there provision leaving a cess or tax on the use of land for mining industrial or other non-agricultural purposes. ..... to the constitution which relates to the regulation of mines and development of minerals has nothing to do with the provision of the amendment act 1974 by virtue of s. ..... 2 of the said enactment states the intention of the government of india to take under its control the regulation of mines have been taken over by the government of india and it is not open to the state government in purported exercised of power under the act to levy tax on areas used for mining operations therefore if the intention of hte amendment act 1974 is to enable the state government to levy tax on lands used for mining operations to that extent, it must be held to be ultra vires of the state legislature.6. ..... section 10 of the said act provides that an application for a prospecting licence or a mining lease in respect of any land in which minerals vest in the government shall be made to the state government concerned in the prescribed from and shall be accompanied by the prescribed fee. ..... 2 oil the said act.10. ..... 3 defines minerals mineral oils mining lease mining operations minor minerals prescribed prospecting licence prospecting operations: and mines and owners s. .....
Tag this Judgment!Court : Gujarat
..... the oil industry (development) act, 1974 2. (h). ..... various enactments such as the oil fields (regulation and development) 1948, mines act 1952, the mines and minerals (development and regulation) act 1957, petroleum and natural gases rules 1959, the petroleum and minerals pipelines (acquisition of right of user in land) act 1962 and the oil industry development act 1974 have been passed by the parliament. ..... provisions of act which have been set forth in the tax guide and in particular in view of the statement under section 80-ia of the act, psc participants who begin commercial production of petroleum in any part of india on or after 1st april, 1997 shall be entitled to claim deduction of 100% of their profits and gains derived from such businesses for initial seven years commencing from the first year of commercial production, the phrase "commercial production has to be read and understood in the context of the field in respect of which development plan had been ..... the constitutionality of the special courts bill, 1978 came up for consideration in special courts bill, 1978, in re as the president of india made a reference to this court under article 143(1) of the constitution for consideration of the question whether the special courts bill or any of its provisions, if enacted would be constitutionally invalid. ..... a vested right is a legal and enforceable right, enforceable by a legal process. 42. ..... coffee board bangalore v. .....
Tag this Judgment!Court : Gujarat
..... the oil industry (development) act, 1974 2. (h). ..... various enactments such as the oil fields (regulation and development) 1948, mines act 1952, the mines and minerals (development and regulation) act 1957, petroleum and natural gases rules 1959, the petroleum and minerals pipelines (acquisition of right of user in land) act 1962 and the oil industry development act 1974 have been passed by the parliament. ..... provisions of act which have been set forth in the tax guide and in particular in view of the statement under section 80-ia of the act, psc participants who begin commercial production of petroleum in any part of india on or after 1st april, 1997 shall be entitled to claim deduction of 100% of their profits and gains derived from such businesses for initial seven years commencing from the first year of commercial production, the phrase "commercial production has to be read and understood in the context of the field in respect of which development plan had been ..... the constitutionality of the special courts bill, 1978 came up for consideration in special courts bill, 1978, in re as the president of india made a reference to this court under article 143(1) of the constitution for consideration of the question whether the special courts bill or any of its provisions, if enacted would be constitutionally invalid. ..... a vested right is a legal and enforceable right, enforceable by a legal process. 42. ..... coffee board bangalore v. .....
Tag this Judgment!