Court : Supreme Court of India
Reported in : 2009(164)LC1(SC); JT2009(5)SC104; 2009(4)SCALE225; 2009(3)LC1329(SC)
..... at the relevant time, sub-section (1) of section 29 of the act provided that the government may make rules for the purpose of carrying out the provisions of the act which has been amended by act no. ..... the amount of security deposit purporting to act in terms of rule 6(28) of the rules, stating:as per order number first cited, the licences of toddy shops of cherpu, thrissur and anthikad ranges was cancelled under rule 6(30) of abkari shops (disposal in auction) rules 1974, since the original purchasers of toddy shops of above ranges for the year 1997-2000 violated the rules and licence conditions and committed the offences punishable under section 57(a) and 56 of abkari act and also section 22 of ndps act 1985 consequent on the ..... on payment of rentals: (1) it shall be lawful for the government to grant to any person or persons, on such conditions and for such period as they may deem fit, the exclusive or other privilege--(i) of manufacturing or supplying by wholesale; or(ii) of selling by retail; or(iii) of manufacturing or supplying by wholesale and selling by retail, any liquor or intoxicating drugs within any local area on his or their payment to the government of an amount as rental in consideration of the grant of such privilege. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(202)ELT561(SC); JT2006(12)SC379; 2006(9)SCALE652
..... special discounts limited to exclusive agents;(d) objective and quantifiable data exist with regard to the adjustments required to be made, under the provisions of rule 9, to the transaction value;(e) there are no restrictions as to the disposition or use of the goods by the buyer other than restrictions which -(i) are imposed or required by law or by the public authorities in india; or(ii) limit the geographical area in which the goods may be resold; or(iii) do not substantially affect the value of the goods;(f) the sale or price is not subject to same condition or consideration for which a value cannot ..... the bill to amend section 20 of the sea customs act, 1878 and section 3 of the central excises and salt act, : [1964]3scr787 observed as follows:truly speaking, the imposition of an import duty, by and large, results in a condition which must be fulfilled before the goods can be brought inside the customs barriers i.e. ..... the facts there were that although the ship in question entered bombay port and registered itself there but was unable to secure a berth in the port of bombay at that time. ..... the facts of the case are that the appellant is a regular importer of iron ore pellets falling under chapter sub-heading no. ..... 6160-6161/2004 and 5921-5924/2004 filed by the revenue are dismissed. ..... the present appeal relates to 14 consignments of iron ore pellets imported between 14.2.1996 to 21.2.1998. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)ALLMR1; 2004(6)BomCR51; 2005(3)ESC1974; [2005(104)FLR909]; (2005)IILLJ51Bom; 2005(1)MhLj382
..... we may gainfully reproduce paragraph 9 of the said judgment:'chapter vi of the act deals with employment relating to persons with disabilities, who are yet to secure employment. ..... the apex court dealing with the same contention has observed as under:'we agree with the view taken by the high court that unless a clarification is made by the legislature in the act, clarifying that an order would include an 'omission' or 'inaction' on the part of the authority, the 'inaction' on the part of authority can be challenged in high court by filing the writ petition under article 226 of the constitution of india. ..... the appellate bench of the delhi high court on the consideration of the various provisions and rules came to the conclusion that the person in service who suffers disability would be entitled to protection under section 47 of the persons with disabilities act.in our opinion, the matter is no longer res integra considering the judgment of the apex court in kunal singh v. ..... another contention raised on behalf of the respondent was placing reliance on office memorandum dated 19-1-2004 whereby rule 20(2) of central civil services rules is sought to be amended. ..... once person is disabled, the disabled person is entitled to the benefits under law. ..... the executive cannot and should not be allowed to complain on that count as it is their duty to give effect to the mandate of law.8. ..... courts must give effect to that object with which the law was enacted by parliament. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1223; 2006(4)BomCR886; 2006(1)CTC741; (2006)200CTR(SC)505; 2006(196)ELT257(SC); [2006]280ITR643(SC); JT2006(2)SC7; (2006)2MLJ25(SC); 2006(1)SCALE569; (2006)2SCC508
..... the high court, in our opinion, has unnecessarily made the judgment a bulky one by considering various provisions of the act and, in particular, section 240 which was inserted by direct tax laws (amendment) act, 1987 with effect from 01.04.1989 and hence was not applicable to the present case. ..... the high court has miserably failed to appreciate that the proviso was inserted by the direct tax laws (amendment) act, 1987 with effect from 1st april, 1989 and hence was not applicable to the present case. ..... on securities or dividend, within three months from the end of the month in which the total income is determined under this act, and(b) in any other case, within three months from the end of the month in which the claim for refund is made under this chapter,the central government shall pay the assessee simple interest at (twelve) per cent per annum on the amount directed to be refunded from the date immediately following the expiry of the period of three months aforesaid to the date of the order granting the refund.explanation : if the delay ..... 5 of 1996 followed the gujarat high court decisions and answered in the affirmative and in favour of the assessee, a question as to whether the tribunal was right in holding that interest was payable on delayed payments of interest. ..... commissioner of income-tax, : [2004]266itr99(sc) [k.g. ..... commissioner of income-tax, : [2004]266itr99(sc) 4. ..... 1.16.01.2004 impugned common judgment and order passed by the high court.4. .....
Tag this Judgment!Court : Delhi
Reported in : [2005]126CompCas392(Delhi); (2004)1CompLJ368(Del); 109(2004)DLT198; 2004(72)DRJ655; [2004]51SCL214(Delhi)
..... the relevance of the observations pertaining to the arbitration and conciliation act, 1996, to my mind, is that if the existence of an arbitration clause is neither a deterrent nor an obstacle for the passing of winding up orders, then the procedural and attending requirements of the termination clause in the agreements between the parties would also prevent the company judge from bringing about the end of the juristic life of a company which is otherwise existing and breathing on artificial l legal support systems.21. ..... (iii) where the defense of the company is in good faith and one of substance, and the defense is likely to succeed in point of law, and the company adduces prima facie proof of the facts on which the defense depends, the petition should be rejected. ..... and the joint venture, and the distribution and administrative services agreement between jil and the joint venture, all dated april 24, 1995, are co-terminus with the agreement, these (and all amendments thereto) shall also be terminated upon the termination of the agreement.''10. ..... in that case, the principal object of the company was ship-owning but the last of the company's ships had been disposed of in 1919 and thereafter the company's capital was invested in securities. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1290; 2008BusLR335(SC); (2008)2MLJ1140(SC); 2008(3)SCALE24; (2008)4SCC380; [2008]82SCL435(SC); 2008(1)LC339(SC)
..... into and with severn trent was not intimated to the company prior to the filing of arbitration petition no.121 of 2004 by severn trent under section 9 of the arbitration and conciliation act, 1996; (iii) at no point of time, any application for transfer of share certificates and/or substitution of the name of severn trent had been made; (iv) the assignment of shares by the capital controls (delaware) company, inc. ..... to pay its debts; (f) if the tribunal is of the opinion that it is just and equitable that the company should be wound up; (g) if the company has made a default in filing with the registrar its balance sheet and profit and loss account or annual return for any five consecutive financial years; (h) if the company has acted against the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality; (i) if the tribunal is of the opinion that the company should be wound ..... (3) every person holding equity share capital or company and whose name is entered as beneficial owner in the records of the depository shall be deemed to be a members of the concerned company. 22. ..... a court of law cannot adopt a construction which would result in amendment of a statute. .....
Tag this Judgment!Court : Supreme Court of India
..... afterfinding that special judge created under the criminal law amendment act,1952 (act 46 of 1952) is not one established under the code held, "for thecases triable by special judges under criminal law amendment act, aspecial provision is to be found in section 8(2) of that act, for tender ofpardon to an accomplice, as part of the procedure and powers of specialjudges" .on the tender of pardon by the special judge the provisions ofsections 339 and 339-a of the code will apply".190) it was submitted on behalf of the appellant that even if section 306of the code is held to be applicable, ..... 'allah' would help him.289) on perusal of the aforesaid confessional statement of the appellant(a-44), the following facts emerge:(i) the appellant was an old associate of tiger memon;(ii) the appellant was fully aware of tiger memon's character and that he was a 'goonda';(iii) the appellant had participated in the conspiratorial meeting with tiger and his co-conspirators;(iv) in the said meeting, the appellant agreed to help the tiger memon in the object of the conspiracy; and(v) pursuant to the said agreement, the appellant performed several acts, namely, reconnaissance of targets, planting of .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR476
..... the section provides that chapters ii and iii of the slum act will not apply to such area. 10 ..... (2) (a) without prejudice to the generality of the foregoing provision, if the state government is of opinion that the execution of any resolution or order of the authority is in contravention of, or in excess of, the powers conferred by or under this act or any other law for the time being in force, or is likely to lead to abuse or misuse of or to cause waste of the fund of the authority, the state government may, in the public interest, by order in writing, suspend the execution of such resolution or ..... supplied).while we refer to the decision of the learned single judge in the case of m/s.pooja enterprises (supra), we find that the amendment made by maharashtra act vi of 1997 to section 3c(1) of the slum act was not brought to the notice of the learned single judge. ..... i of the annexure to regulation 33(10) provides that only the actual occupant of the hutment shall be eligible and the socalled structure owner other than the actual occupant, if any, even if his name is shown in the voters list as on 1st january 1995 shall have no right to secure a tenement in the reconstructed building. ..... the letter of withdrawal of 5th march 2004 issued by mhada records that though annexure ii was sanctioned on 30th november 1996, the letter of intent was issued by the sra in favour of hanuman nagar society on 12th may 2003 and permission to construct transit accommodation was granted on 21st october .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2517
..... fifty-one percent of the share capital of the society is held by the state government;(iii) a board or a corporation or a statutory body established by or under a central or uttar pradesh act which is owned and controlled by the state government or a government company as defined in section 617 of the companies act 1956 in which not less than fifty one percent of the paid -up share capital is held by the state government;(iv) an educational institution owned and controlled by the state government or ..... the commission shall scrutinize the applications and having regard to the need of securing due representation of candidate belonging to the scheduled castes and scheduled tribes and other categories referred to in rule 4 call for interview such number of candidate as it may consider proper: provided that in respect of the post of the head of an institution the commission shall also call for interview two senior most teachers of the institution whose name are forwarded by the ..... of clause (4-a) in article 16 of the constitution the appropriate government can, in exercise of its executive powers under articles 73 and 162 of the constitution, as the case may be, can provide for reservation in favour of scheduled castes/ scheduled tribes in matters of promotion of any class or classes of posts in the services under the state government order dated 31.03.1996 (annexure ca-7) and other government orders referred to therein were issued by the state government in exercise of its executive .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733
..... under this law the environment protection agency, acting through the office of noise abatement and control, holds public meetings in selected cities to compile information on noise pollution.the public health and welfare:- chapter 65- noise control(us)68. ..... in the affidavit filed on 16.2.2004, the chief controller of explosives stated:-(1) that since the role of the department of explosives is mainly administration and enforcement of the explosives rules 1983 and the status of the department is statutory in nature hence the department of explosives had already taken up the matter and advised the fireworks manufacturers of developing and producing environment friendly fireworks besides advocating to promote, sale and use of only fireworks/crackers meeting the noise standards prescribed under environment (protection) rules, 1986 and amendments thereof. ..... during the course of hearing, submissions in extenso were made on the comparative merits and demerits of the two systems namely (i) measuring the noise level of firecrackers in decibels and thereby securing the implementation of rules in this regard, and (ii) securing the implementation of the rules by restricting and prescribing the size of chemical content, chemical composition etc. .....
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