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Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Sorted by: old Page 18 of about 596 results (0.132 seconds)

Aug 26 2008 (SC)

State of Andhra Pradesh and ors. Vs. Larsen and Tourbo Ltd. and ors.

Court : Supreme Court of India

Reported in : 2008(5)ALD85; 106(2008)CLT919(SC); JT2008(9)SC463; 2008(12)SCALE77; (2008)9SCC191; (2009)11VatReporter160; (2008)17VST1(SC); 2008AIRSCW6358

..... part of the land which are agreed to be severed before sale or under the contract of sale;(19) 'input tax' means the tax paid or payable under the act by a vat dealer to another vat dealer on the purchase of goods in the course of business;(28) 'sale' with all its grammatical variations and cognate expressions means every ..... (supra) necessitated an amendment to article 366 of the constitution. thus, the (forty-sixth amendment) act, 1982 to the constitution inserted clause 29a to article 366 of the constitution, inter alia, inserting the definition of 'tax on the sale or purchase of goods'. insertion of clause 29a thus empowers the states to levy the tax on deemed ..... transfer of the property in goods (whether as such goods or in any other form in pursuance of a contract .....

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Aug 26 2008 (HC)

Superintendent of Central Excise and Customs, Kurnool Range-i Vs. Sri ...

Court : Andhra Pradesh

Reported in : AIR2009AP32; 2008(6)ALD209; 2009(6)ALT97; [2009]147CompCas172(AP); [2010]97SCL27(AP)

..... by the learned single judge. substantial part of it was devoted to examine whether the appellant herein has followed the procedure prescribed under the customs act, before the imported goods were brought to sale, for recovery of the customs duty. the following points were framed for consideration:(1) whether, in fact, there is demand made by the ..... was issued. thereafter, the amount payable towards customs duty, under the relevant provisions of the customs act, was determined. sale of the imported goods was also attempted, to recover the dues, by conducting auction on 30.10.2002. before the sale could take place, the winding-up of the company was ordered by this court, on 1.12 ..... there was neither any demand notice nor any notice issued to the owner of the goods before passing the detention order for sale.35. on point no. 4, it was held that the procedure prescribed under section 142 of the customs act was not followed and therefore, the action taken under section 72 was not valid. point .....

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Nov 28 2008 (HC)

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 .....

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Dec 10 2008 (FN)

Earl Cadogan (Appellant) Vs. Pitts and Another (Respondents) and One O ...

Court : House of Lords

..... so as to exclude the possibility of the flat tenants acquiring any interest in any part of the building, especially if there are good reasons, based on other provisions of the 1993 act, to hold that they should not be so construed. in my opinion, when one turns to provisions other than the opening part ..... that acquired by the participating tenants. 10. consistently with this restriction on the calculation of marriage value, paragraph 3 originally excluded from the market on a hypothetical sale of the freehold only the nominee purchaser and the participating tenants. the presence of the non-participating tenants in the market remained to be taken into account. ..... reason why he would bid a sum higher than the pure investment value. hope value represents the additional value to a third party who contemplates a future sale to the tenant. taking into account marriage value assumes that the hypothetical purchaser is the tenant, while taking hope value into account assumes that the hypothetical .....

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Sep 30 2009 (HC)

Commissioner of Customs Vs. Sri Vikram JaIn S/O Sri Bheemraj Jain, Pro ...

Court : Karnataka

Reported in : 2009(170)LC236(Karnataka); 2009(244)ELT504(Kar)

..... as to the person who brought the same into territory of india and in this background we have to look into section 111 of the customs act. section 111 provides for confiscation of improperly imported goods brought from a place outside india. in the instant case a show-cause notice came to be issued on 24-11-2000 to the respondents under ..... were not traceable and hence the persons from whom the goods were seized were proceeded with and as such when the goods were seized at bangalore the proceedings for confiscation of the seized goods being an action in rem, pertains to the sale of goods perse the proper officer having jurisdiction over the situs of the goods had the authority to initiate proceedings, which admittedly has .....

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Nov 11 2009 (HC)

Pratap Vs. Shiv Shanker

Court : Delhi

Reported in : 164(2009)DLT479

..... the suit property in his individual capacity as a heir of his deceased father and not as coparcenery property. thus, by applying the provisions of section 8 of the act, the single judge held that defendant no. 2 therein alone inherited the property to the exclusion of his sons because the said property devolved on him in his individual ..... takes it as karta of his own undivided family.... it would be difficult to hold today the property which devolved on a hindu under section 8 of the hindu succession act would be huf property in his hand vis--vis his own son; that would amount to creating two classes among the heirs mentioned in class i, the male heirs ..... in hindu law.5. the entire issue that arises for consideration in the present case hinges on the effect of section 8 of the hindu succession act, 1956 (hereinafter referred to as 'the act'). the act lays down rules of succession in the case of males. the first rule is that the property of a male hindu dying intestate shall devolve according .....

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Dec 01 2009 (HC)

Senior Branch Manager, National Insurance Co. Ltd., Gangtok Vs. Smt. N ...

Court : Sikkim

..... (2) scc 223 : (air 2003 sc 607) in which it was held that as the motor vehicles act, 1988 do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods vehicle, the insurers would not be liable therefor and that in order to cover such risk, an owner ..... sub-section (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 authorised 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 in a ..... the recalcitrant and insensitive attitude of the insurance company in discharging its obligation under a law which is benevolent in nature. under section 149(1) of the motor vehicles act, 1988 there is statutory obligation on the part of the insurance companies to comply with the awards passed by the motor accidents claims tribunal with the limited grounds of .....

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Jan 22 2010 (HC)

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 .....

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Mar 23 2010 (HC)

Optigrab International Vs. Government of India

Court : Chennai

Reported in : 2010(253)ELT722(Mad)

..... june, 2007 pay the accepted duty liability failing which his application shall be liable to be rejected.(2) where any dutiable goods, books of account, other documents or any sale proceeds of the goods have been seized under section 110, the applicant shall not be entitled to make an application under sub-section (1) before ..... 61 of 1985) has been committed:provided also that no application under this sub-section shall be made for the interpretation of the classification of the goods under the customs tariff act, 1975 (51 of 1975).(1-a) notwithstanding anything contained in sub-section (1), where an application was made under sub-section (1) before ..... principles of natural justice. more so, the subject matter of controversies/disputes between the parties only impinge upon the interpretation of the various sections of the customs act on legal plane and therefore, no prejudice was caused to the appellant in not providing opportunity of hearing to its authorised representative.21. when the term .....

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Mar 25 2010 (HC)

indoworth India Ltd. a Company Incorporated Under Indian Companies Act ...

Court : Mumbai

Reported in : 2010(112)BomLR2074,2010(175)LC260(Bombay),2010(253)ELT364(Bom)

..... being an order relating, among other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment), if the high court is satisfied that the case involves a substantial question of law.section 35f under which the order for deposit has ..... . rule. returnable forthwith. heard finally by consent of parties.3. the petitioner has challenged the order passed by the appellate tribunal under section 35f of the central excise act, 1944 directing the petitioner to deposit about half of the amount of the duty i.e. to deposit an amount of rs. 4 corers. mr. mishra, learned ..... in any appeal under this chapter, the decision or order appealed against relates to any duty demanded in respect of goods which are not under the control of central excise 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 adjudicating authority .....

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