Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Page 4 of about 596 results (0.126 seconds)

Commissioner of Customs Vs. Jhunjhunwala Vanaspati Ltd.

Court : Gujarat

Reported in : 2008(120)ECC231; 2008(156)LC231(Gujarat); 2008(232)ELT600(Guj)

..... .5.6 after the disposal of the aforesaid special civil application by this court, the respondent submitted letter dated 04.04.2006 requesting to release the seized goods by treating high sea sale agreement as cancelled and permit them to substitute the bills of entry in place of m/s. magpie by adjusting the duty paid by m/s. magpie ..... also placed upon para 26(iv) of the import and export policy issued for the year 1985-86. it was accordingly submitted that the said goods are liable to be confiscated for the acts and defaults of the second respondent. it was also submitted that by virtue of the noncompliance with the condition (relating to export of garments manufactured ..... of entry having been assessed to payment of customs duty, customs duty having been paid and out of charge order having been issued under section 47 of the customs act, 1962?c. whether in the facts and circumstances of the case, the tribunal is justified in permitting filing of fresh bill of entry after an out of charge .....

Cachet Pharmuceuticals (Pvt.) Ltd. Riico Industrial Area Vs. the State ...

Court : Rajasthan

Reported in : 1994(1)WLN388

..... trade' means sales to dealers, industrial consumers, government, local authorities and other buyers, who or which purchase their requirement otherwise than in retail.6. thus, section 4 of the excise act provides for the determination of value for the purpose of charging the duty of excise under the act. it provides that the price of which the excisable goods are ordinarily ..... by their lordships in joint secretary to the government of india v. food specialities limited : 1985(22)elt324(sc) . in that case the respondent manufactured certain goods for sale in india by m/s nestle products india limited under certain trade mark in respect of which the latter was registered as the sole registered user in india. the ..... argument made by mr. rathore that it was a case of mis-statement of the price than the actuals charged by the assessee at the time of sale of the goods and by this device it paid less excise duty. if the revenue feels that the present case is of this type, it shall be free to make .....

Vuppalamritha Magnetic Components Limited Rep. by Its Managing Directo ...

Court : Andhra Pradesh

Reported in : 2010(174)LC169(AP)

..... objections were also raised that tejas did not provide required information regarding source of imports and period thereof, there is no bifurcation of sale to india and export sale, that imports of subject goods have no consequential negative impact on applicant's performance and that product control number (pcn) classification does not reflect the characteristics of puc ..... under.it is well settled that a question as to when a manufacture of product takes place within the meaning of section 2(f) of the act (central excise act, 1944) is mixed question of law and fact. the nature and the extent of processes may vary from case to case. when a change takes ..... preliminary findings. the notification of the da publishing the final findings is indisputably appealable under section 9c before the cestat constituted under section 129 of the customs act, 1962. this, however, is no ground to in limine repel a challenge to initiation notification or preliminary findings on the ground that there is an .....

American President Lines Ltd. and Others Vs. The Board of Trustees of ...

Court : Mumbai

..... after certain notices issued to the plaintiff as also defendant no.2 the bpt sold the goods as per due procedure and as per orders passed in certain prior litigations between the parties. the bpt appropriated the amounts recovered upon the sale and the plaintiff has sued for recovery of the balance amount under prayer (a) and ..... future suit. in that case a party sought to refer the dispute to arbitration and sought appointment of arbitrator under section 11(6) of the arbitration and conciliation act, 1996. the relevant chief justice appointed the arbitrator. the appointment was challenged in appeal. it was held that the arbitration clause was not applicable to that case. ..... for adjudication for resolving the disputes between the parties arising out of the contract for which the party would get the benefit of section 14 of the limitation act. this was only reiteration of the position in law. the party would nevertheless have to claim the exclusion of the time taken by seeking reference of the .....

Fertilizer Corporation Of India Ltd. Vs. M/s. Coromandal Sacks Private ...

Court : Supreme Court of India

..... interest) at the rate mentioned in section 4 on the amount due to the supplier.114. on a perusal of section 3 of the 1993 act, we find that where any supplier supplies any goods, the buyer shall make payment on or before the date agreed upon between him and the supplier in writing or, where there is no agreement ..... ; the only difference being that in the latter case the concerned party would have to use the forum prescribed by law for the purpose of securing attachment and sale of property of the defaulting industrial concern whereas in the case of a financial corporation that right is conferred on the creditor corporation itself which is permitted to take ..... at the take over of the management and property of the industrial concern and confers a further right on the financial corporation to transfer by way of lease or sale the properties of the said concern and any such transfer effected by the financial corporation would vest in the transferee all rights in or to the transferred property .....

Collector of C. Ex. Vs. Swastik Coaters Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (1999)(107)ELT533Tri(Chennai)

..... and recording of statements the department issued show cause notice seeking reclassification of the item under chapter heading 59.01 and alleged that the assessees wrongly classified the goods under headings 5206.61 and 5206.32 describing the book binding cloth manufactured by them as processed cloth. details of the figures were collected for march, 1986 ..... date of order sought to be reconsidered. the supreme court observed that the period of one year fixed under sub-section (3) of section 35e of the act should be given its literal meaning and so construed the impugned direction of the board was beyond the period of limitation prescribed therein and therefore ineffective. before ..... the decision or order by the concerned authority. it has also been held that if the authority is authorised to exercise the power or to do an act of affecting the rights of parties, he shall exercise that power within the period of limitation prescribed therefor. the order or decision of such authority comes into .....

Roma International Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(174)ELT83Tri(Mum.)bai

..... been made to cfl falling under chapter 85. as such, we are of the view that any goods which conforms to the description "compact fluorescent lamps falling under chapter 85 of the first schedule to the customs tariff act, 1985" and originating in or exported from the specified countries would attract antidumping duty at the specified ..... the body of the impugned goods while pleading that this is a curable defect.4. in regard to ..... the claim of the appellants seeking classification of the impugned goods as filament lamps under sub-heading 8539.29. as regards the violation of the indian trade and merchandise marks act, 1958 we find that the appellants have conceded before the original authority that the impugned goods do not have the name of the manufacturing country on .....

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

..... lapse of time such business or services associated with a person acquire a reputation or goodwill which becomes a property which is protected by courts. a competitor initiating sale of goods or services in the same name or by imitating that name results in injury to the business of one who has the property in that name. the law ..... drawn our attention to the decision in bundi electric supply co. ltd. bundi (supra) wherein in para 16, it has been held as under:16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage that has been acquired in carrying ..... of the trade mark as a separate property/asset has been ordained in the preliminary decree. the learned single judge has erroneously relied upon the provisions of trade marks act.(g) the learned trial judge has rightly rejected the report inasmuch as the goodwill has been valued at rs. 1,80,56,859/- and the trade mark was .....

Nirma Industries Ltd. Vs. Director General of Investigation and Regist ...

Court : Supreme Court of India

Reported in : AIR1997SC2382; [1997]89CompCas537(SC); JT1997(5)SC481; 1997(4)SCALE114; (1997)5SCC279; [1997]Supp1SCR137; 1997(2)LC191(SC)

..... products since early seventies and its products are marketed and sold all over the country. it is the claim of the appellant that having established a good market for sale of its various products and having captured the confidence of the consumers, thought of offering a scheme as an incentive to the consumers for its products ..... the sachar committee report which recommended to specify certain unfair trade practices and prohibit them altogether as indicated in the bill but, however, the legislature by amendment act no. 30 of 1984 redefined section 33 but did not choose to redefine section 36a despite the recommendation of the sachar committee. he, therefore, urged that ..... . that the impugned prize scheme was approved and authorised by the district magistrate, ahmedabad under the bombay lotteries (control and tax) and prize competition (tax) act, 1958 and the rules framed thereunder. that the increase in the price of its product was not with an intention to cover the prize money either fully or .....

State of Gujarat Vs. Godhra Borough Municipality

Court : Gujarat

Reported in : (1977)18GLR636

..... tax was not paid by the state at the time of import of the goods or articles, the same could be collected only by the procedure of seizure and sale of the goods as provided in the bombay municipal boroughs act, 1925 and the gujarat municipalities act, 1963 which were applicable to the respective parts of the period with which we ..... octroi duty and the only liability of the importer prescribed under the bombay municipal boroughs act, 1925 was a criminal liability and the only remedy which the municipalities have under the said act is the summary remedy of seizure and sale of the goods at the time when they are sought to be introduced within the municipal limits by ..... actually seizing the goods. on this point as there is a diversion of opinion between the two decisions .....