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Sunil Steels Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(159)ELT368TriDel

..... this appeal.2. the appellant is engaged in the production and clearance of hot re-rolled products falling under chapter 72 & 73 of the schedule to the central excise tariff act, 1985. under order dated 14-12-2001 the commissioner determined the annual production capacity of the hot rolling mill of the appellant. since the order did not contain a preamble .....

Anderson Vs. United States

Court : US Supreme Court

..... that trade or commerce which is among the several states or with foreign nations. where the subject matter of the agreement does not directly relate to and act upon and embrace interstate commerce, and where the undisputed facts clearly show that the purpose of the agreement was not to regulate, obstruct, or restrain that ..... placing an obstruction and embargo on the marketing of cattle shipped from the states and territories aforesaid to the kansas city stockyards." it is further alleged that, acting in pursuance of the unlawful combination above described, the board of directors of the exchange have imposed fines upon certain members of the exchange "who had traded ..... commerce which is among the several states, or with foreign nations. (8) that where the subject matter of the agreement does not directly relate to and act upon and embrace interstate commerce, and where the undisputed facts clearly show that the purpose of the agreement was not to regulate, obstruct, or restrain that commerce .....

Allahdad Khan and ors. Vs. Sant Ram and ors.

Court : Allahabad

Reported in : 17Ind.Cas.486

..... for the recovery of the debt. the court below decided this and other questions against the appellants. hence this appeal.2. apart from the provisions of the succession certificate act, farzand ali, as one of the heirs of bahadur khan, could have sued upon the mortgage making as defendants the heirs of bahadur khan who declined to join as ..... s rights under the mortgage although the assignment purports to have been made by farzand ali as holder of the succession certificate. but section 4 of the succession certificate act provides that no court shall pass a decree against a debtor of a deceased person for payment of his debt to a person claiming to be entitled to the ..... produces a certificate having the debt specified in it, the debtor would have to trace the title of the plaintiff and we should re-introduce the confusion which the act was designed to remove. if the plaintiff relies upon a grant of probate or letters of administration, he must show that the grant was made to him and we .....

Hemal Industries Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(100)ELT447TriDel

..... form and shall be verified in such a manner as may be specified by rules made in this behalf." 6. as per proviso to section 128 of the customs act, it is clear that the collector (appeals) if he is satisfied that the appellant was prevented from sufficient cause from presenting the appeal within the period of three months ..... ) has got a discretionary power to condone delay for a period of three months after the prescribed period of three months in terms of section 128 of the customs act. he submitted that party could not file an appeal within the stipulated time since no convering letter/preamble was supplied to the party to enable him to file appeal ..... of the demand order passed by the collector (appeals).5. we have carefully considered the matter. section 128 of the customs act reads as under :- (1) any person aggrieved by any decision or order passed under this, act by an officer of customs lower in rank than a collector of customs may appeal to the collector (appeals) within three months .....

Sant Ram Vs. Allah Dad Khan and ors.

Court : Allahabad

Reported in : (1913)ILR35All74

..... sue for the recovery of the debt. the court below decided this and other questions against the appellants. hence this appeal.2. apart from the provisions of the succession certificate act, farzand ali, as one of the heirs of bahadur khan, could have sued upon the mortgage, making as defendants the heirs of bahadur khan, who declined to join as ..... s rights under the mortgage, although the assignment purports to have been made by farzand ali as holder of the succession certificate. but section 4 of the succession certificate act provides that no court shall pass a decree against a debtor of a deceased person for payment of his debt to a person claiming to be entitled to the ..... he produces a certificate having the debt specified in it, the debtor would have to trace the title of the plaintiff and we should re-introduce the confusion which the act was designed to remove. if the plaintiff relies upon a grant of probate or letters of administration, he must show that the grant was made to him, and .....

Central India Tobbaco Products Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(41)ELT414TriDel

..... . the collector (appeals) has rejected the appeal vide the impugned order on the ground that the appeal before him was filed without adhering to the requirement of the court fee act i.e. without affixing the necessary court fee stamp despite the fact that this requirement was specified in the preamble to the order-in-original. accordingly, he has rejected the .....

Commissioner of Income-tax Vs. Seematti Trust

Court : Kerala

Reported in : [1985]154ITR771(Ker)

..... trust, as the necessary permission of a principal civil court of original jurisdiction had not been obtained in terms of section 7(b) of the indian trusts act, 1882 (act ii of 1882). the ito further found that immovable properties were handed over by two of the four firms to the trust without executing a registered document ..... derived from business claiming that they received it as trustees appointed under a written instrument. accordingly, they claimed the benefit of section 161 of the i.t. act, 1961 (the 'act'), for being assessed as representative assessees. this claim was disallowed by the ito on the ground that no valid trust existed at the relevant time to justify ..... circumstances of the case, there was a valid trust and, if so, whether the trustees are to be assessed as representative assessees under section 161 of the income-tax act, 1961 ?'2. the assessment year is 1972-73. three persons, shri veeriah reddiar, shri v. ramachandran and shri t. rama murthy, jointly filed a return of .....

Prempal Vs. State of Haryana

Court : Supreme Court of India

..... ram v. state of m.p. [(1988) supp. scc152). (x) where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon. (see state of u.p. v. madan mohan [(1989) 3 scc390). (xi) where there are more than one statement in the nature of dying declaration, one first ..... in a fit state to make the declaration. (see k. ramachandra reddy v. public prosecutor [(1976) 3 scc618.) (iv) where dying declaration is suspicious, it should not be acted upon without corroborative evidence. (see rasheed beg v. state of m.p [(1974) 4 scc264). (v) where the deceased was unconscious and could never make any dying declaration the ..... [(1992) 2 scc474: (scc pp. 480-81, paras 18-19) (emphasis supplied) (i) there is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. (see munnu raja v. state of m.p)[(1976) 3 scc104. (ii) if the court is satisfied that the dying declaration is true and voluntary it can .....

Geeta Clearing Agency Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1987)(12)LC1177Tri(Mum.)bai

..... the matter was pending before the board may have to be excluded for the purpose of computation of the limitation by applying the principles of section 14 of the limitation act. the period that could be excluded would be the period commencing from the date of receipt of the appeal and the date of receipt of communication of the board by ..... positions since it has to advise its customers also. even assuming that there was none other than the managing partner who was to act in the matter, the conduct of the managing partner does not indicate that he had acted diligently. even according to his affidavit he had come to bombay on 28-4-1986. he tried to contact his advocate. it .....

Phul Chand Lal and ors. Vs. Kishmish Koer

Court : Kolkata

Reported in : 6Ind.Cas.630

..... to the property for the protection of which application was made to him, and also as to the title of petitioners, and whether, if no action be taken under act xix of 1841, it would materially prejudice them; and also whether their application was bona fide. we think that the learned judge has not followed the procedure which is ..... seems to us however, that this is not a sufficient finding in order to entitle the district judge to say-that no action should be taken under the provisions of act xix of 1841. as already pointed out, the district judge had to be satisfied that the opposite party had 'no lawful title.' we need hardly say that the title ..... , the widow of kunt das died on the 29th may of the present year. thereupon, a petition was presented by the reversionary heirs, the petitioners before this court, under act xix of 1841, in which they stated the previous history of the litigation, with this exception, however, that the matter of the appeal to the privy council was not mentioned .....