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Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Sorted by: old Page 16 of about 596 results (0.076 seconds)

Apr 04 2005 (HC)

Sukumaran Vs. Anthony

Court : Kerala

Reported in : 2005(2)KLT919

..... the court, for reasons to be recorded, thinks fit to grant such adjournment.explanation.-- an agreement or compromise which is void or voidable under the indian contract act, 1872 (act 9 of 1872), shall not be deemed to be lawful within the meaning of this rule'.it is clear from a reading of the above rule that the subject ..... a review petition before the tribunal and such a petition was filed. the tribunal has allowed the petition and allowed the bank to realise the balance amount as per sale proclamation. challenging that order, revision petitioners filed w.p.no. 33491 of 2004. though this court directed the deposit of the entire balance amount within a week, ..... rs. 300/- per day.10. the learned senior counsel for the revision petitioners contended that there is a charge created under section 55 of the transfer of property act and the property will be always liable to be proceeded with and therefore, the decree-holder will not be in any way prejudiced. but the compromise provided for .....

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May 13 2005 (TRI)

Bel Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2005)(188)ELT405Tri(Bang.)

..... notifications granted benefit to 'solar photovoltaic modules and panels for water pumping and other applications'. there is no reference to classification of goods or for valuation of the items in terms of the central excise act and ceta.2. the preliminary objection raised by the counsel is that the peculiar jurisdiction to decide the matter of the appeals ..... the matter.... it was plain and a simple case of grant of benefit of the notifications in terms of the description in the notifications on the specified goods. the commissioner in reply filed today has not agreed with this submission and it is stated that the order passed by the deputy commissioner is as per law ..... passed is non est and is not enforceable. the matter has to go back to the original authority and shall be adjudicated under section 33 of central excise act. therefore while allowing the stay applications, the appeals are taken up and matter remanded to commissioner of central excise to adjudicate the matter in terms of the .....

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Aug 04 2005 (SC)

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600

..... strong views disfavoring the admission of confessions made to police officers. the commission commented that the basis for introducing sections 25 and 26 in the evidence act in 1872 holds good even today. the commission observed-'we are compelled to say that confessions made easy, cannot replace the need for scientific and professional investigation'.in england, ..... the police, was mentioned by afsan guru in her section 313 statement.the next point urged by the learned counsel for the appellant that the details regarding sales of mobile phones and sim cards was not checked up from the distributors of airtel or essar does not also affect the credibility of recoveries. such omissions ..... the bodies of the deceased. pw-76 stated that afzal led them to the shop of sawan dry fruits. pw41_the salesman, gave evidence regarding the transaction of sale on 11.12.01. he identified the accused afzal as the person who had purchased the dry fruits. the witness also identified the photograph of rana even .....

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Aug 05 2005 (SC)

Commissioner of Customs (General), New Delhi Vs. Gujarat Perstorp Elec ...

Court : Supreme Court of India

Reported in : 2005(101)ECC577; 2005(186)ELT532(SC); JT2005(7)SC490; (2005)7SCC118

..... , it includes whatever apparatus is used by a businessman for carrying on his business, - not his stock-in-trade which he buys or makes for sale ; but all goods and chattels, fixed or movable, live or dead, which he keeps for permanent employment in his business.'41. the court also referred to functional test ..... , plans, processing data and other literature comprised in the 'documentation service' specified in the agreement would constitute 'book' and hence 'plant' within the meaning of the act. the court, therefore, held that it was clearly of the opinion that the capital asset acquired by the assessee, namely, the technical know-how in the shape of ..... whether those documents in the form of 'documentation service' under the agreement could be said to be 'book' and 'plant' within the meaning of the income tax act and whether the assessee was entitled to claim depreciation? the court considered two questions; viz. (i) whether the 'documentation service' agreed to be and actually rendered .....

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Mar 17 2006 (TRI)

thermax Surface Coatings Ltd. Vs. Joint Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2007)104ITD199(Pune.)

..... in the relevant previous year. before us. the learned counsel of the assessee pointed out that the liability for warranty arose on account of sale of goods. under the contract the assessee was under obligation to set right the defects within the prescribed period. thus, the liability was fastened to the event of ..... not amount to manufacture of any article or thing, as construction activities are not exigible for investment allowance under section 32a or deduction under section 80i of the act.3.11 in the rejoinder, the learned counsel pointed out that the term 'industrial undertaking' has been defined in the section itself and, therefore, the concept ..... he drew certain conclusions from his visit which were never put on the ao for the purpose of establishing the facts. thus, his finding of fact was unilateral act, which violated the principles of natural justice. in the course of hearing before us, the learned counsel filed separately certain documents showing the systems installed by it. .....

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Aug 01 2006 (HC)

Ranjan Chatterjee (Deceased by Lrs) Vs. Dinesh Kumar Sharma

Court : Kolkata

Reported in : AIR2007Cal18

..... 35 of the original side rules.19. i think it is my duty to put on record that a copy of a single bench decision of this court in the goods of nanda lal sett : air1955cal88 was given to me by counsel for the petitioner in course of hearing on a previous occasion. in that case provisions in rules 28 and ..... . in my view, there is no reason to make a stay order. the trial stage is yet to come. hence i reject the prayer for stay.16. all parties shall act on a signed xerox copy of this dictated order and also an urgent certified xerox copy thereof, both to be supplied on the usual undertakings.17. counsel for the petitioner ..... 30, and not in an application under rule 25.20. for these reasons this application is dismissed. there shall be no order for costs in it.21. all parties shall act on a signed xerox copy of this dictated order and also an urgent certified xerox copy thereof, both to be supplied on the usual undertakings. .....

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Dec 07 2006 (HC)

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Reported in : 2007(3)CHN625

..... any appeal under this chapter, the decision or order appealed against relates to any duty and interest demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer the ..... or penalty levied, if the decision or order appealed against relates to any duty and interest demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under the act. the first proviso to the said section gives power to the tribunal to dispense with such deposit subject to such ..... determination of any question having a relation to the rate of duty of customs or to the value of goods for the purpose of assessment' in section 130 of the act.11. the language employed in section 130 of the act makes it abundantly clear that it is not necessary that only the final order passed by the tribunal .....

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Jan 18 2007 (HC)

National Insurance Co. Ltd. Vs. Okram Subhash Chandra Singh and anr.

Court : Guwahati

..... 2)(i) against any liability which may be incurred by him in respect of the death of or bodily (injury to any person, including owner of the goods or his authorized representative carried in the vehicle) or damage to any property of a third party caused by or arising out of the use of the vehicle ..... provisions of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the provisions shall, with necessary modifications ..... respondent no. 1 (claimant) submitted that the appeal is not maintainable in the eye of law. according to the learned counsel for the respondent (claimant), the act dos not empower any insurance company to file an appeal. the learned counsel raised another technical objection relating to the maintainability of the appeal by submitting that the insurance .....

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Apr 05 2007 (TRI)

Southern Iron and Steel Co. Vs. Commissioner of Central Excise

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

Reported in : (2007)(118)ECC363

..... steel company ltd. (siscol): (1) demanding duty of rs. 3,07,65,945/- involved on the uncleared goods that lay in the warehouse beyond the expiration of the warehousing period under section 72 of the customs act, (ii) proposing to appropriate the same amount paid by siscol vide tr6 ch. no. 1/2003-04 dated 29 ..... and the importer shall pay, the full amount of duty chargeable on the goods and internet, penalties, rent and other charges thereon. if payment as demanded is not made, it is recoverable by sale of other goods of the importer in the warehouse. goods which are not removed from a warehouse within the permissible period are treated as ..... goods improperly removed from the warehouse. such improper removal takes place when the goods remain in the warehouse beyond the permitted period or its .....

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Apr 25 2007 (TRI)

Shri Bharat Kumar JaIn Alias Shri Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(120)ECC160

..... that the seized 24 silver slabs were smuggled goods and liable to be confiscated under section 111 of the said act. it was held that, basant raj and the appellant, bharat kumar jain, were very much concerned with the acquisition, transportation, possession, distribution and sale of the smuggled silver. as recorded in paragraph ..... the "relevant date", which is defined under sub-section (3). customs duty is levied under section 12 of the said act on the goods imported into or exported from india."imported goods" means, any goods brought into india from a place outside india, except those which have been cleared for home consumption; and "import" means ..... to confiscation under section 111. there are also provisions for confiscation of packages and their contents, and confiscation of goods used for concealing smuggled goods, in sections 118 and 119 of the act. adjudication of confiscations and imposition of penalties may be done by the authorities indicated in section 122 and the adjudication .....

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