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Vishwanath R. Raut and Co. Vs. the Board of Trustees of the Port of Bo ...

Court : Mumbai

Reported in : 1994(3)BomCR255

..... by the present petition, the petitioners seek to challenge the letter dated 29th february, 1988 - exhibit 'e' to the petition, under which the 12 dock entry permits issued to the petitioners have been suspended until the final disposal of the criminal case instituted against the petitioners, in the following facts. 3. ..... if that be so, the cancellation of the custom house agent's licence, which is the practical result of the suspension of the dock entry permits is in violation of the provisions of regulations 21 and 23 of the custom house agents licensing regulations, 1984 framed under section 146 of the customs act ..... state : 1989(40)elt326(ori) (vi) finally, shri balani contended that the punishment of indefinite suspension of the dock entry permits till such time as the criminal case is pending is too harsh a punishment for too trivial a crime alleged to have been committed by the petitioners' clerk chandrakant shukla ..... in reply to the third contention of the petitioners that suspension of the dock entry permit virtually amounts to cancellation of custom house agents' licence without following the procedure, shri makhija contends that the b.p.t ..... (iii) thirdly, he contended that the action of suspension of the dock entry permits virtually amounts to cancellation of the custom house agent's licence issued under the customs ..... the petitioners were therefore called upon to show cause why their 12 dock entry permits should not be suspended, pending the outcome of the above mentioned c.b.i .....

irkar D. Shahu and anr. Vs. the Bombay Port Trust and ors.

Court : Mumbai

Reported in : 1994(3)BomCR566

..... view, petitioners in this petition are entitled to succeed in so far as they pray for a direction to the bombay port trust to issue to them dock entry permits to perform their duties for their employers in the bombay docks, provided the petitioners comply with the necessary requirements prescribed by the bombay port trust, in that connection ..... are engaged by any employer in accordance with law for the purpose of doing this work in the docks, they cannot be denied entry permits by the bombay port trust on the ground of their non-registration under any of the schemes framed by the bombay dock labour board ..... those workers whose work has always been outside the schemes framed by the bombay dock labour board, cannot be denied dock entry permits by the bombay port trust, provided they have legitimate work in the docks. ..... work in the docks which he is entitled in law to carry out, there is no reason why that person should be denied an entry permit if he fulfills all requirements in that connection prescribed by the bombay port trust.62. ..... covered by the scheme, they are entitled to carry on their legitimate work in the docks and the bomaby port trust cannot deny them entry permits so long as they comply with the terms and conditions under which such entry permits are granted by the bombay port trust. ..... the bombay port trust shall not deny them such entry permits only on the ground that they are not dockworkers registered under any of the scheme framed under the dock workers act of 1948 .....

All Kerala Chartered Accountants Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)

..... the contention was that the entry permitted permission of law on persons who receive or enjoy the luxuries or the entertainments or the amusements and, therefore, no law ' made with respect to matters covered by this entry can impose a tax on persons who provide the luxuries, entertainments ..... notwithstanding the fact that the residuary power has been vested in the central legislature under article 248 and its consequence translated in entry 97 in list i, there can be no gainsaying that the idea was to assign such residuary power over matters which at the time of framing the three lists could not be thought of ..... a law with respect to these matters (luxuries, entertainments or amusements) as objects and a law which imposes tax on the act of entertaining is within the entry, whether at falls on the giver or the receiver of that entertainment it also rejected the contention that theimposition of the tax was for the privilege of carrying on any trade or calling and held, 'it is a tax imposed on ..... of such elaborately worded matters in the lists and in the context of article 246(1), the residuary power contained in article 248 and entry 97, list i must be construed as meaning power in respect of matters not enumerated in any of the three lists. ..... service tax is in 'pith and substance' a tax on the practice of a 'profession, trade, calling and employment' relatable to entry 60 in list ii (state list) of schedule vii of the constitution, and, therefore, beyond the competence of parliament. .....

Mathadi Kamgar Sena and ors. Vs. Bombay Port Trust and ors.

Court : Mumbai

Reported in : (1998)IIILLJ825Bom

..... 1 st respondent and pursuant to the liberty granted to them under the order of march 23, 1992, the following order is passed.the 1st respondent will be at liberty to ask the members of the petitioner-union seeking entry permits for a declaration that they are not members of any of the unions which are parties to the agreement dated december; 13, 1991, which is annexed as exhibit 'a' to writ petition no. ..... under the modified order dated april 23, 1993, this court gave permission to the bombay port trust to ask the members of the petitioner-union seeking entry permits for a declaration that they are not members of any of the unions which are parties to the agreement dated december 13, 1991 which agreement is annexed as exhibit-a to ..... the bombay port trust shall not deny them such entry permits only on the ground that they are not dock workers registered under any of the schemes framed under the dock workers ..... these workers will be entitled to the issuance of dock entry permits to perform their duties for their employers in the bombay dock, provided the comply with the necessary requirements prescribed by the bombay port trust ..... 1 to issue dock entry permits to 38 warai workers detailed and described in exhibit-c to this writ petition, in this petition under article 226 of the ..... a letter setting out number of writ petitions which are admitted by this court and this court further issued directions to the respondents to issue dock permits to the petitioners in those writ petitions. mr. .....

Hasan Ali Raihany Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1714; 2006CriLJ2106; 128(2006)DLT759(SC); JT2006(3)SC533; 2006(3)SCALE293; (2006)3SCC705

..... having regard to the facts and circumstances of the case, particularly, having regard to the fact that the petitioner has entered this country legally upon the single entry permit issued to him, it is only fair that the competent authority must inform him the reasons for his deportation. ..... a single entry permit was issued to the petitioner by the indian embassy in iran which was valid for the period from 8th november, 2005 to 8th february, 2006. ..... be that as it may, he applied again to the indian embassy in tehran to grant him entry visa enabling him to enter this country so that he could settle his pending matters in this country. ..... thus, the factual position as of today is that the petitioner has entered this country on the basis of a single entry visa validly issued to him by the indian embassy at tehran. ..... it is also stated that the fact that the petitioner had been deported from this country was mentioned in the application for grant of entry visa and that nothing was concealed. ..... we may observe that earlier, a residential permit was issued to the petitioner which has been extended from time to time and which stood extended till 3rd december, 2007. ..... in this writ petition, the petitioner prays for issuance of a writ of mandamus quashing the order cancelling the residence visa permit by order dated 7th october, 2005. ..... however, while deporting him, the authorities cancelled the residential permit.5. .....

Pondicherry Contract Carriage Owners' Association rep. by its Presiden ...

Court : Chennai

..... , the entries are marked, the next entry which is in excess of the number of trips or number of entries permitted, will automatically ..... rs.600.00 per seat or berth per entry (ii) if the temporary licence is for a period exceeding 7 days but not exceeding 30 days - rs.1500.00 ..... temporary licence is for a period exceeding 7 days but not exceeding 30 days - rs.160.00 per seat per entry (iii) if the temporary licence is for a period exceeding 30 days but not exceeding 90 days - rs.450.00 per seat per entry (c) omni bus including sleeper coach in respect of which permit is granted under sub-section (8) or (9) of section 88 of the motor vehicles act, 1988- (i) if the temporary licence is for a period not exceeding 7 days - ..... as prescribed in the schedule has been paid for a week or a month or a quarter depending on the validity of the permit; and (iii) wp no.33581 of 2014 - a writ of declaration declaring the amendment made in tamil nadu motor vehicles taxation (amendment) act 2012 in the column (c) of ninth schedule with reference to levy of tax per entry for omni buses in so far as the petitioner members' vehicles concerned as unconstitutional and ultra vires.) v. .....

G. Moorthy Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR367; 1993(1)KarLJ376

..... agreement and since the relationship between the royal bhutan government and the union of india are very cordial, and since the government of india itself has persuaded the state government to permit the royal bhutan government to organise and conduct the lottery in the name of royal bhutan government in the same manner or with the same status as that a state lottery ..... provisions contained in section 32 of the act which provides that the provisions contained in the act shall not apply to a licence or a person to whom a permit has been granted under section 4 of the mysore race courses licensing act, 1951, or to any entries in respect of any state or bet received by such licensee or person and also to lotteries organised by the government of india or the government of a state ..... who have organised the lottery on behalf of the royal bhutan government because such an activity comes within the trade and commerce relationship with a foreign government which matter falls under entry 41 of list-i of the seventh schedule of the constitution; that at any rate this is a matter which brings the union of india into the picture as bhutan is a foreign country ..... these entries permit legislation in respect of land and explain the scope by equating it with rights in or over land, land tenures, including the ..... : air1954bom204 which is based on the interpretation that entry 2 in list i of the seventh schedule to the government of india act only permitted laws to be made for requisitioning of property, .....

The K.C.P. Ltd. Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : AIR1990AP314

..... held that the cess was a tax on royalty, the counsel for the state of tamil nadu thought it fit to bring the case within entry 50 of list ii for that entry permitted the state of tamil nadu to levy a tax of mineral rights. ..... it imposed a cess on land revenue, the definition of 'land revenue' having been expanded to include royalty, the levy was a tax on royalty as held by the supreme court but even so, for purposes of entry 50 of list ii, section 9(3) of the central act 1975 which dealt only with the royalty was treated as a tax on mineral rights so as to control the power of the state legislature to make legislation. ..... case it was contended that entry 66 of list ii which permitted the state legislature to levy a fee, was an independent entry and that even if the central act 1957 referable to entry 54 of list i covered the entire field, covered by entry 23 of list ii, still there could be no objection for a state law levying fee under entry 66 of list ii to ..... to royalty on minor minerals, no reference was made to entry 50 of list ii which permits levy, by the state, of taxes on mineral rights. ..... it will be noticed that entry 50 of list ii permits the state legislature to levy a tax on mineral rights subject to any limitations imposed by parliament by law ..... 15 permitted the state governments to make rules for minor minerals and the impugned levy was therefore a levy made by the state legislature under entry 23 of list ii but not by the state government exercising its rule-making .....

The Board of Trustees, Ayurvedic and Unani Tibia College, Delhi Vs. th ...

Court : Supreme Court of India

Reported in : AIR1962SC458; [1962]Supp1SCR156

..... the conclusions at which we have arrived may now be summarised as follows : (1) on registration under the societies registration act, the old board did not become a corporation in the sense of being incorporated within the meaning entry 44 of list i; it remained and continued to be an unincorporated society though under the several provisions of the societies registration act, 1860 it had certain privileges, some of the privileges being analogous to those of corporation; (2) the impugned ..... the petitioner says the board, after registration under the societies registration act, 1860 was transformed into a corporation the delhi legislative assembly could not make a law with respect to it under entry 32 because though under the first part thereof it can make a law affecting corporations, its powers cannot reach a corporation, the objects of which extend beyond the limits of the delhi state ..... the aforesaid two entries permit making a law of ..... similarly entry 32 permits a law to be made affecting charities and charitable institutions of every kind, whether consisting of voluntary associations of individuals or having a corporate or semi- ..... so it will have to take the aid of other entries, if any, which permit legislation concerning legal entities. 57. ..... therefore, in my judgment the entry does not permit of any law being made which confers on a society such powers as would constitute it into a ..... entry 10 clearly permits a law being made with regard to a trust or trustee which is a separate .....

Adani Exports Limited Rep. by Its Director, Vs. Union of India (Uoi) T ...

Court : Chennai

Reported in : 2002LC130(Madras); 2003(151)ELT520(Mad)

..... it seems that the stand taken by the respondents was that from 1-4-1997, new sion came into effect wherein the entry regarding the vitamin mixes which hitherto was a consolidated entry permitting the import of vitamin mixes/mineral mixes to the extent of 0.227 mt/mt was bifurcated and the permissible quantity under the new sion was vitamin mixes 0. ..... in the common bracket and as such the authorities had rightly acknowledged the right of the petitioners to have the credit on the basis of only the vitamin mixes because under that entry, an exporter could have been perfectly justified in insisting upon a credit on the basis of the notional import of only the vitamin mixes or only the mineral mixes or the combination of both in ..... , observed:'it cannot be said by any stretch of imagination that the norms published on 20th january, 1995 would have retrospective effect so as to permit the authorities to cancel or modify the advance licence granted prior to the said date, that too in cases where the petitioners have fulfilled their ..... exports and imports and the debit and credit entries will be permitted only to the holders of the pass book. ..... for the prior quantity of vitamin mixes and in order to prevent such practice, the sion were subsequently revised/rectified with effect from 1-4-1997 bifurcating the entry of vitamin mixes and mineral mixes and limiting their quantities to 27 kilos and 200 kilos respectively. ..... and the debit and credit entries will be permitted only to the holders of .....