Court : Supreme Court of India
Decided on : May-15-2007
Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;
..... entered into by and between the two nations on 1st november, 1954, the entire administration of french settlement vested in the government of india. the territory of pondicherry, thus, became a free port without any restriction in case of most imports. however, by reason of a notification dated 30th october, 1954, the importers in ..... in its own language. proviso, as is well known, has four functions, as has been noticed by this court in s. sundaram pillai v. v.r. pattabiraman : [1985]2scr643 in the following terms:43. (1) qualifying or excepting certain provisions from the main enactment;(2) it may entirely change the very concept of the intendment of the enactment ..... whereas sub-section (1) of section 20 of the 2003 act contains a similar provision as section 6 of the general clauses act, clauses (a) and (b) of sub-section (1) of section 20 of the 2003 act are clearly attracted. reliance in this behalf has been placed on universal imports agency and anr. v. the chief controller of imports .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-2007
Reported in : [2007(113)FLR428]; 2007(4)SCALE226; 2007AIRSCW2111; 2007(5)SCC77
..... factual backdrop, the legal questions raised before us are required to be considered. the university is a creature of statute. it was created under the maharishi dayanand university act, 1975 (for short, 'the act'). the said act provides for the regulations making power. the university framed leave regulation. regulation 26(i)(c) deals with extra-ordinary leave, which reads ..... on expiry of the said period of two years, he joined the university again in august 1985. he thereafter prayed for grant of increments in the pay scale during the period he was on extra-ordinary leave. the university referred the matter to the university grants commission, which in terms of its letter dated 10.12.1987 ..... the respondent that the vice- chancellor had been pleased to count his extra-ordinary leave period when he had worked with the university of zambia from 30.11.1983 to 14.08.1985 towards annual increment. it is, however, stated that the said resolution of the executive council and/or the said letter was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-23-2007
Reported in : 2007(3)AWC2846(SC); JT2007(6)SC127; 2007(3)SCALE517; (2007)4SCC54; 2007(3)SLJ420(SC)
..... of india in his capacity as the visitor of the university under section 5(7) of the banaras hindu university act, 1915. the visitor, after considering the reply of the university, pleased to annul the appointment of dr. ashok kumar sonkar as lecturer in tridosh vigyan ims, banaras hindu university with immediate effect. this issue on the basis of ..... is as under:kindly refer to your letter no.aa/vi-sc/1460 dated the 15 july, 2000 forwarding therewith 1460 a reply of the university to the show cause notice issued in exercise of ..... 10.2000, intimating the registrar of the university that the president of india in his capacity as the visitor of the university had annulled the appointment of the appellant in exercise of the power conferred upon him under section 5(7) of the banaras hindu university act, 1915 (for short, 'the act'), the relevant portion of the said letter .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-2007
Reported in : AIR2007SC2253; 2007(8)SCALE178; (2007)6SCC35
..... wherein it was stated:as per section 42(2) of the uttar pradesh state university act there is provision of notification of the first ordinance of the university by the government, but the first ordinance of mahatma jyotiba phule rohilkhand university has not been notified by the government till now.therefore, in the circumstances mentioned ..... beyond the territorial jurisdiction of the university. nainital is outside the territorial jurisdiction of the university. in fact it is not situated in the state of u.p. and, thus, beyond the provisions of the act. 19. the submission of the learned counsel that the ugc regulations 1985 provides for study center of this nature ..... cannot be countenanced. the ugc regulations being a subordinate legislation must be read with the principal act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2007
Reported in : 2008(221)ELT7(SC); 2007(14)SCALE150; 2007(8)Supreme451; 2008AI6RSCW151; 2008(4)KCCRSN245
..... follows:mr. rana mukherjee, the learned counsel for the appellants submits that in view of section 22 of the sick industrial companies (special provisions) act, 1985 (for short 'the sick industries act'), the appellant need not deposit the amount, as ordered by the tribunal, as protection is available to the appellant under the said provision. we ..... matter unmindful of the consequences flowing from the order requiring the assessee to deposit full or part of the demand. there can be no rule of universal application in such matters and the order has to be passed keeping in view the factual scenario involved. merely because this court has indicated the principles ..... succinctly in silliguri municipality and ors. v. amalendu das and ors. : [1984]146itr624(sc) , samarias trading co. pvt. ltd. v. s. samuel and ors. : [1985]2scr24 and assistant collector of central excise v. dunlop india ltd. : 1985ecr4(sc) .12. it is true that on merely establishing a prima facie case, interim order of protection .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2007
Reported in : 2008(1)KarLJ62; (2008)ILLJ894SC; 2007(3)SCALE575; 2007AIRSCW7669; 2008–I-LLJ-894; 2008LabIC474; 2007(8)Supreme675; 2008(2)KLJ62; 2008(1)AIRKarR330
..... of the said circular. in case of appellant no. 1 the power is exercisable by the government of india under section 18 of the state bank of india act, 1985 and not the nabard act. it is submitted that the appellants' stand that the post of 'cashier in charge' of cash has become redundant in the sponsor bank has been contested by ..... not already done. there shall be no order as to costs.10. it may be noted that so far as delay in seeking the reference is concerned, no formula of universal application can be laid down. it would depend on facts of each individual case. 11. however, certain observations made by this court need to be noted. in nedungadi bank ..... of 7 to 9 years in raising the dispute before the tribunal but we find the high court factually not correct. the employment of the appellants was terminated sometime in 1985-86 or 1986-87. pursuant to the judgment in daily rated casual employees under p&t; department v. union of india (supra) , the department was formulating a scheme to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2007
Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237
..... excise on all excisable goods which are produced or manufactured in india as, and at the rates, set forth in the schedule to the central excise tariff act, 1985. 13. matter inadvertently missed in quoted extracts is supplied. for example, incorporation of matter missing in quotations from cases. raw text obtained from registry: scc ..... , the defendant company brought out a publication containing a number of the examination papers, including three which had been set by two examiners appointed by the university. the plaintiff company brought a case of copyright infringement against the defendant company. it was argued that since the setting of the papers entailed the exercise ..... raw material did not possess and which differentiates the product from the raw material. the court approved the principles enunciated in the case of university of london press, ltd. v. university tutorial press, ltd., [1916] 2 ch. 601, dealing with the meaning of the words `original literary work that the original does .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-2007
Reported in : 2007(122)ECC1; 2007(148)LC1(SC); 2007(217)ELT3(SC); 2007(11)SCALE619; (2007)8SCC412; (2009)20VST240(SC)
..... such boxes, waste/scrap/parings are generated, it was alleged that this waste was classifiable under chapter sub-heading 4702.90 of central excise tariff act, 1985 (in short the tariff act'). scrutiny of records revealed that the respondent was selling this waste/scrap/parings. it was also noticed that they did not declare transactions of waste/scrap ..... of printed paper board boxes waste parings scrap is generated which is classifiable under the chapter sub-heading 4702.90 of the schedule to the central excise tariff act 1985 (for short tariff). the scrap so generated is liable to central excise duty if sold to outside buyers by the manufactures who also manufacture and clear other ..... this authority are 'per incuram'. in so observing, the decision of a larger bench of this court in the case of collector of central excise, indore v. universal cable ltd. reported in , has not been noted or considered. in this case an argument that a good become excisable because it is covered by tariff entry, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-2007
Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406
..... inclusion of co-operative societies in entry 32 of list ii separately and apart from but along with corporations other than those specified in list i and universities, clearly indicated that the constitutional scheme was designed to treat co-operative societies as institutions distinct from corporations. co-operative societies, incorporation, regulation and winding ..... entry 44 is as follows:incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one state, but not including universities.entry 45 is as follows:banking.entry 32 of list ii is as follows:32. incorporation, regulation and winding up of corporations, other than those specified ..... placed upon hoechst pharmaceutical ltd. and ors. v. state of bihar and ors. : [1985]154itr64(sc) . he also stated that the co-operative banks carrying on banking business as defined in section 5(b) of the br act and the recovery of claims by the banks against the borrowers and debtors is a matter .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-27-2007
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... land is under the planning scheme for a long period of time, which would be interpreted in the facts and circumstances of each individual case. it does not have any universal application and, therefore, the applicability thereof would depend on the facts of each case. s.l.p. (c) no. 11446 of 2005 titled s.p. building corporation and ..... meaning of the words and even the structure of the sentence.the same has been upheld by the supreme court in commissioner of income tax, bangalore v. j.h. gotla : [1985]156itr323(sc) and in andhra cotton mills ltd. v. lakshmi ganesh cotton mil : 1996(1)alt537 . similarly, in the case of state of rajasthan v. leela jain and ors. ..... (b) of section 126(1). what i want to emphasise here is that the authority under the mrtp act cannot be set in motion proceeding under the land acquisition act while acting under section 126(1) of the mrtp act. it can only request the state government to acquire the land and the state government initiates steps to acquire it when it .....
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