Section 78 - Year 2016 - Judgments

Nov 29 2016 (SC)

Ravindra Ramchandra Waghmare Vs. Indore Mun.Corp. and Ors.

Court: Supreme Court of India

Decided on: Nov-29-2016

..... cannot be tested on the anvil of provisions of section 78 78 of the act of 1956 or section 56 of the act of 1973 65 reliance ..... have to be necessarily resorted to under the provisions contained in sections 78 and 79 of the act of 1956 corporation has no right ..... acquired by agreement 1 whenever the commissioner is unable under section 78 to acquire by agreement any immovable property or any easement affecting .....

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Dec 06 2016 (HC)

Future Link India vs.the Commissioner of Central Excise, Delhi Ii

Court: Delhi

Decided on: Dec-06-2016

..... authorities below fall into error in holding that penalty under section 78 of the finance act 1994 the act imposed was justified ..... with this interpretation the possibility of invoking third proviso to section 78 1 may be also considered 5 mr sanjeev narula learned ..... its liability the milder penalty prescribed by the proviso to section 78 can be imposed by the high court since the appellate .....

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Mar 29 2016 (HC)

Arulmigu Virudhagiriswarar Temple, Rep. By its Executive Officer, Viru ...

Court: Chennai

Decided on: Mar-29-2016

..... a charitable or religious institution then the procedure visualised under section 78 2 and 4 of the tamil nadu hindu religious and ..... stage it cannot be forgotten that the procedure contemplated under section 78 4 of the tamil nadu hindu religious and charitable endowments ..... the petitioner temple had not followed the procedure specified in section 78 of the act relating to the encroachment removal of the .....

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Nov 10 2016 (SC)

U/a 143(1) of the Constitution of India Vs. ...

Court: Supreme Court of India

Decided on: Nov-10-2016

..... dated 24th march 1976 was issued by the central government under section 78 of the punjab reorganisation act 1966 under which state of ..... beas waters are resolved under the act 1956 f declare that section 78 1 of the act 1966 is ultra vires the constitution ..... act 1956 after considering the relevant provisions even with regard to section 78 of the punjab reorganization act 1966 the tribunal had taken a .....

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Mar 02 2016 (HC)

Ramapuram Grama Panchayat represented by its Secretary Vs. St. Basil I ...

Court: Kerala

Decided on: Mar-02-2016

..... case in which the petitioner was imposed with penalty under section 78 of the finance act 1994 the petitioner could not file ..... and such other authorities as specified under sub section 4 sub section 4 of section 233 indicates that the village panchayat shall obtain ..... 1950 article 19 1 g kerala panchayat raj act 1994 section 232 section 233 quarrying permit whether decision taken by the panchayat was .....

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Jun 09 2016 (HC)

Union of India and Ors. Vs. Skylark Fiscal Services Pvt. Ltd. and Anr.

Court: Kolkata

Decided on: Jun-09-2016

..... maximum capacity which includes recovery of punitive charges under section 73 for such recovery section 78 confers a right upon the railway authority to remeasure ..... a larger bench of this court while interpreting the provisions of section 78 of the said act 1989 observed that the expressions re ..... the effect of conjoint reading of the provisions of sections 65 72 4 73 78 and 79 of the said act 1989 and .....

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Jul 18 2016 (HC)

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court: Mumbai

Decided on: Jul-18-2016

..... of service tax amount whichever is higher under section 76 of rs 5 000 under section 77 and of rs 10 25 72 125 under section 78 of the act 13 while denying the ..... sheet of the petitioner s company which was a public document vii penalties under sections 76 and 78 of the act could not be simultaneously imposed for the period in dispute 12 .....

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Sep 07 2016 (HC)

Southern Investments Private Ltd Vs. The Commissioner of Service Tax a ...

Court: Chennai

Decided on: Sep-07-2016

..... under rule 15 of the cenvat credit rules 2004 read with section 78 of the finance act warranting invocation of suppression and wilful mis ..... that invocation of larger period and levy of penalty as per section 78 are not as per law the first respondent while deciding ..... require any consideration 7 as regards the imposition of penalty under section 78 it is observed that the appellants had taken the wrong .....

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Jun 13 2016 (HC)

R. Gowrishankar Vs. The Commissioner of Service Tax (Appeals)-I, Chenn ...

Court: Chennai

Decided on: Jun-13-2016

..... the date of receipt of the order in terms of proviso to section 78 of the finance act 3 being aggrieved by the same the appellant ..... 15 4 of the cenvat credit rules 2004 r w section 78 of the finance act 1994 however penalty was restricted to 25 ..... question the supreme court held it is therefore clear that sub section 3 of section 58 confers a discretion on the regional transport authority to entertain .....

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Apr 21 2016 (HC)

Ranganath and Another Vs. The State Through Devadurga Police Station

Court: Karnataka Kalaburagi

Decided on: Apr-21-2016

..... in crime no 167 2014 for the offences punishable under sections 78 and 79 of karnataka police act 1963 and also under section 188 of ipc the court coming to the conclusion that ..... of ipc becomes illegal as bar contained under section 195 of cr p c held that the remaining provision under sections 78 and 79 of the karnataka police act could not have been .....

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