Court : Supreme Court of India
Reported in : AIR1989SC1884; 1989(24)LC1(SC); 1989(42)ELT338(SC); JT1989(2)SC531; 1989(1)SCALE1431; (1989)3SCC202; [1989]3SCR282
..... appealed to the appellate bench and the appellate bench of the high court by judgment dated 31 july, 1970 allowed the appeal in part, quashing the order of extension dated 3 november, 1966 and directing the appellants to restore machines and documents seized from the respondents. the customs authorities were permitted to initiate and complete such other ..... proceedings against the respondents as were open to them in law.7. the appellants now appeal to this court in so far as the judgment and order of the appellate bench proceeds against them.8. section 110(1) ..... high court is of opinion that the decision of the high court in assistant collector of customs v. charan das malhotra : 1973ecr1(sc) lays down the correct law and applies to the facts of this case, that there is a duty on the part of the collector of customs to act judicially in exercising the power conferred .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC9; (1984)1CompLJ214(SC); 1983(2)SCALE611; (1983)4SCC433; [1984]1SCR288; 1984(16)LC111(SC)
..... but interesting question of law relating to the interpretation of certain provisions of the motor vehicles-act 1939 (hereinafter referred to as the act). the question is whether section 47 sub-section (3) of the act is attracted when an application is made by the holder of a permit for extension of the route for ..... scheme no. 11-m by the notification issued by the state government under section 68f sub-section (2) on 18th december, 1978, the appellants applied for extension of the route from satanwara to shivpuri, a distance less than 20 kilometers. the question it whether this application could be considered by the regional transport authority without ..... from shivpuri to satanwara, that the appellants shall use their vehicle or vehicles only on the route satanwara-gwalior via dabra. the application of the appellants for extension of this route by including the portion from shivpuri to satanwara was, therefore, in effect and substance, an application for varying this condition of the permit .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1719; (1990)1GLR407; [1989]178ITR345(SC); JT1989(2)SC399; 1989Supp(2)SCC210; [1989]3SCR1
..... or applicable under the taxing provision : [1968]68itr227(sc) . the court took the view that the exercise of the power under section 6 of the taxation laws (extension to merged states and amendment) act, 1949 to make provisions or to issue directions as may appear necessary to the central government is conditioned by the existence ..... difficulties) amendment order, 1962. it was held that the said sub-clause of the said explanation was ultra vires the central government under section 6 of the taxation laws (extension to merged states and amendment) act, 1949 under which it was purported to be made, since no 'difficulty' was proved to have arisen justifying the invocation ..... took the view that the existence or arising of a difficulty was the sine qua non for the exercise of the power under clause (7) of the taxation laws (extension to union territories) regulation, 1963. the 'difficulty' contemplated by that clause had to be a difficulty arising 'in giving effect to' the provisions of the act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker153
..... at the instance of therespondent and on his behalf shri p.k.velayudhan, minister for communitydevelopment issued a 'note' d/-3-5-1984,sanctioning the extension of a water supplypipe line under n r e p scheme as a specialcase under the head water & soil conservationfrom the existing line from kavilnada toperakkapuzha ..... legal stick. a pragmatic construction, inhibiting corruption but permitting electioneering expenses is the right one, although many tricky projects may get through the legal meshes which law cannot help and only public vigilance can arrest.' -again the supreme court has said :--'reading section 77, dealing with the ceiling on election expenses and ..... requirements, free elections where there is honest competition for votes. the election process must, therefore, remain pure and unsullied and it has been the endeavour of our law makers to secure this by making various provisions in the representation of the people act, 1951. section 123, sub-section (1)(a) is one such provision .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom255; (1974)76BOMLR130
..... patent is safe for human beings. it is no doubt stated in the said specification that the compounds of the invention are 'usually extremely well-tolerated'. and that extensive clinical tests performed on numerous patients had demonstrated good tolerance of the compounds. it is common ground that the expression 'well-tolerated' means that it had no strong ..... in it. it was not a thing which just any person working in this field would try, but it required extensive research. as observed in the irish judgment to which i will refer later on. courts of law must guard against the common human failing of being wise after the event in regarding something that has been discovered by ..... the desulphurisation is effected,, by means of hydrogen peroxide, or by the use of any other substance. whether claim no. 11, so widely worded, is valid in law is a totally different question which will be dealt with by me separately at the appropriate place later on. suffice it to say that from the facts admitted in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD364
..... principal/dean and directors in co-ordinating the activities of his department with those of other departments for promotion of sound programmes of teaching, research and extension. (d) he shall participate with other heads of departments and research specialties in formulating prgrammes of research in fields represented by his department and in ..... executive duties of an institution, business or the like. in ramanatha aiyar's law lexicon 1997 edition, the meaning was assigned as 'management; managing or conduct of affairs of the office, employment or institution'. therefore, it cannot be relegated ..... the act or in the statutes framed by the university. according to dictionary meaning of 'administer' is to control, supervise, manage etc. in black's law dictionary (6th edn.page 44) the meaning of the word 'administration' was explained as management or conduct of an office or employment; the performance of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori207
..... of exclusion of time in the aforesaid view, the application for setting aside the ex parte decree is barred by limitation section 5 of the limitation act makes provision for extension of the prescribed period in certain cases if the court is satisfied that there is existence of sufficient cause for not making application within such period unfortunately in this case .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1970CriLJ588; (1969)2SCC412; [1970]1SCR639
..... afterwards, the validity of his conviction could not be open to any challenge at all. but the act of 1939 was a temporary act, and after various extensions it expired on february 24, 1945. the trial of the accused took place only in may 1946, and he was convicted and sentenced to four years' penal ..... authority, which takes the step of instituting against that person proceedings in which a severer punishment can be awarded, complies strictly with all the conditions laid down by law to be satisfied by him before instituting that proceeding. in the present case, therefore, we have to see whether the requirements of the proviso to section 23d ..... criminal procedure code, but that when the director himself tries it, he will follow the procedure prescribed therefore under the rules framed under the act, and that when the law provides for the same offence being tried under two procedures, which are substantially different, and it is left to the discretion of an executive officer whether the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... particular thing, the definition is explanatory and prima facie restrictive; and whenever an interpretation clause defines a term to include something, the definition is extensive. while an explanatory and restrictive definition confines the meaning of the word defined to what is stated in the interpretation clause, so that wherever ..... prevent one party to a contract from taking undue or unfair advantage of the other. instances of this type of legislation are usury laws, debt relief laws and laws regulating the hours of work and conditions of service of workmen and their unfair discharge from service, and control orders directing a ..... development of a policy of public administration through separate corporations which would operate largely according to business principles and be separately accountable. in the common law countries, where the government still enjoys considerable immunities and privileges in the fields of legal responsibility, taxation, or the binding force of statutes, other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2097; 1972(0)KLT353(SC); (1972)2SCC364; [1973]1SCR326
..... kitchen garden as an adjunct to his dwelling house. it is hardly likely to be used in entirety for building purposes (although there might be some little extension of the dwelling house) or for industrial or commercial purposes. thus, the transfer being of agricultural land to a landless person primarily for agricultural purposes-it ..... any portion of land held by a person under his personal cultivation in the estate, which is within the ceiling limit applicable to him under a law unless the law empowering acquisition provides for compensation at a rate not less than the market value of such land. according to the argument when the amended act ..... of the tenants would remain unameliorated. to reduce the indebtedness of the tenants appreciably is a reasonable restriction on the rights of the creditors and the law thus providing for amelioration of indebtedness of tenants deserved to be upheld as constitutional. we grant that amelioration of indebtedness of tenants is a laudable and desirable .....
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