Judgment Search Results Home > Cases Phrase: shops and commercial establishments act 1961 chapter 1 preliminary Page 74 of about 2,648 results (0.133 seconds)

Social Action for Relief To the Consumer and Anr. Vs. Ranchi Municipal ...

Court : Patna

..... have constructed several latrines, urinals etc. throughout of the corporation area which is being regularly usedb, cleaned and maintained.'54. this obviously refers to construction and establishment of public latrines and urinals but the maintenance of public latrines, urinals etc. is not the same as the conditions stipulated in section 126 (d) and ..... challenge in this writ petition, is as follows:'the holdings are first divided on the basis of their use into two groups (i) residential and (ii) commercial holdings.residential holdings are then further divided into three categories depending upon their nature of construction and for each category rates per square foot are fixed a.r ..... finding of the mysore high court and observed as follows:'the court further held that a payment for the exclusive privilege of selling toddy from certain shops was called 'shop rent'. the licencee paid what he considered to be equivalent to the value of the right and it had no relation to the production or .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... and read together, the said provisions mean that in respect of pending applications, the requirement is only to produce such documentary and other evidence as is sufficient to establish that the incidence of duty, refund of which is claimed, has not been passed on by the applicant to any other person. the requirement of enclosing the documents ..... a conclusive presumption - there is no basis for impugning its validity on the ground of procedural unreasonableness or otherwise. this presumption is consistent with the general pattern of commercial life. it indeed gives effect to the very essence of an indirect tax like the excise duty/customs duty. a manufacturer who has not passed on the duty ..... be able to chase the excise officer and claim refund of duty illegally imposed on the manufacturer. for example, a person buying tooth brush from the local grocery shop, will not retain the cash memo for years and years and even if he does so, he will not know that there is a dispute about the levy .....

Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd. (F.A. No. ...

Court : Gujarat

Reported in : [1988]174ITR77(Guj)

..... and/or application of certain provisions contained therein. preamble to the constitution of india indicates the basic ideal and objective of the constitution of india, which is to establish an egalitarian society based on socialistic principles. similarly, the fundamental principles in the governance of the country require the state (the term 'state' occurring in article ..... object of the constitution and also against the fundamental principles for governance of the country enshrined in the constitution itself. without having regard to the economic and commercial realities of life, no order of refund of a commodity tax can be legitimately passed by the court. to pass such an order of refund in ..... the respective acts were beyond the competence of the mysore state legislature and for refund of the educational cess paid during 1951-52 to 1955-56 on shop rentals and tree tax in respect of toddy and duty of excise in respect of arrack and special liquor. the high court of mysore had dismissed .....

Shravankumar Mahadev Dekote and ors. Vs. the Arvind Mills Ltd. and ors ...

Court : Gujarat

Reported in : (1985)2GLR767

..... government to extend the beneficient provisions of the act to persons engaged in industrial occupations in the light of special circumstances of a particular industry, locality or establishment, is unguided, and uncanalised and, therefore, violative of article 14 of the constitution of india. rejecting this contention, the division bench of this court consisting ..... india.(3) the impugned sections deprive a worker not being a member of a representative union of personal liberty without fair, just and reasonable procedure established by law inasmuch as he is denied participation in proceedings to decide whether his abstention from work in a given situation constitutes illegal strike the declaration ..... the bir act given by a large section of ex-employees of the respondent-company, which had closed its business and sold its assets to tarun commercial mills co. ltd. for enhanced compensation than that agreed to by the tla which was a representative union in settlement entered into by the said .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... stood confiscated. 115. clause 6 of the agreement reads, thus: unless otherwise specifically provided in the schedule, all laws in force in the french establishments immediately before the commencement of the order, which correspond to enactments specified in the schedule, shall cease to have effect, save as respect things done ..... 1999, there appears no reason or justification for not granting permission to use the land covered by exemption proceedings, for the purpose of multiplex theatre-cum-shopping complex. in a strict sense, no such permission is necessary, but, when the competent authority under the greater hyderabad municipal corporation act has not received ..... tansukhlal parekh and (9) smt. madhuabala vadilal shah (persons at sr. nos.2 to 9 by their constituted attorney shri kumarpal vadilal shah), 26, suneel shopping center, opp. navrang talkies, andheri (west), bombay 400058, hold vacant lands in excess of the ceiling limit in the greater bombay urban agglomeration, details of .....

Chartered Accountants Association Vs. Union of India

Court : Guwahati

..... on individual characteristic. it is the personal skill, intelligence, study, integrity which is the core of a professional activity."the bombay shops and establishments act required compulsory registration of a commercial establishment where commercial activity is carried on. the court was called upon to examine the question whether the office of a person carrying on the ..... only in his office.it is, thus, clear that the court was examining the question whether a lawyers office could be considered to be a commercial establishment or not. all the observations relied upon by the learned counsel for the petitioners were made in that context and the court was not at all ..... profession of a lawyer was a commercial establishment. it was in this context that the court gave a finding that the profession of an advocate is not one which could be said to partake of the character of a commercial activity or commercial transaction. certain attributes of the profession distinguishing it from .....

All India Reporter Ltd. Vs. Nagpur Improvement Trust

Court : Mumbai

Reported in : (1983)85BOMLR321

..... 31 of the n.i.t. act for framing a scheme called the eastern industrial area street scheme, the object of which was to provide plots for residential, commercial and industrial purposes for which there was great demand. after the scheme was sanctioned by the state government proceedings for acquiring the lands of the petitioners, were started ..... scheme which it designated as 'bhamti parsodi street scheme.' the penultimate para of this resolution states the extent of the land which would be used for providing residential commercial and public utility plots and open spaces. it comes to nearly 69% of the total area covered by the scheme. the first para of the resolution says ..... , the scheme was in essence a street scheme not restricted merely to the construction of the reads but the scheme had for its purposes the construction of residential and shop accommodation and bringing up also a market, these purposes would squarely fall within clause (a) and (c) of sub-section (1) of section 31 and it .....

Suryanarayana (H.) Vs. Hindustan Machine Tools Ltd. (by Managing Direc ...

Court : Karnataka

Reported in : [1966(12)FLR413]; (1967)ILLJ49Kant; (1966)1MysLJ465

..... standing orders shall be certifiable under this act if - (a) provision is made therein for every matter set out in the schedule which is applicable to the industrial establishment, and (b) the standing orders are otherwise in conformity with the provisions of this act; and it shall be function of the certifying officer or appellate authority to ..... undertaking in question is not a public authority. 23. our state is a welfare state. governments at the centre and the states are increasingly interesting themselves in commercial and industrial undertakings with a view to increase the well-being of the public. some of those undertaking are managed by government departments, yet others are being managed ..... the fact that the president has large powers in the matter of administration of the company, both in law and in fact, the company is a private limited commercial undertaking; and by and large, it has all the rights and duties of a private limited company. hence, he urged that it is not right to .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... that the government may commit crimes in order to secure the conviction of a private criminal would bring terrible retribution. the only effective way to establish a constitutional regime in the administration of criminal justice is for the administrative superiors of police and prosecutors to insist on compliance of the constitutional ..... blight young lives, traffic in drugs and freely indulge in smuggling and claim fundamental rights to exploit weak links of law, indulge in violence and commercial camouflage. our values are drastically eroded because many a man with no more moral backbone than a chocolate eclair claim the freedom and free action which ..... lotteries and amusement act, 1976. the plaintiff initiated action in the commercial court, high court, seeking a declaration that their schemes are lawful. before charges were tried in the commercial court, the crown court took a preliminary objection that the commercial court has no jurisdiction to grant declaration sought for and if it .....

Gujarat State Road Transport Corporation Vs. Firoze M. Mogal and Anoth ...

Court : Gujarat

..... preliminary state of facts exists, as well as the jurisdiction', on finding that it does exist, to proceed further or do something more. when the legislature are establishing such a tribunal or body with limited jurisdiction, they also have to consider whatever jurisdiction they give them, whether there shall be any appeal from their decision, ..... was right. we are further of the opinion that none of the contentions raised has any merit whatsoever." the supreme court in parry and co. limited v. commercial employees association, air 1952 sc 179, held : "no certiorari is available to quash a decision passed with jurisdiction by an inferior tribunal on the mere ground that ..... under art.226 of the constitution is a continuation of the proceedings under the act." in tata engineering and locomotive company limited v. the assistant commissioner of commercial taxes and another, reported in air 1967 sc 1401, the supreme court observed in para 8 at p.1403 as under : "the power and jurisdiction of .....