Judgment Search Results Home > Cases Phrase: spices cess act 1986 repealed Page 1 of about 65,403 results (0.255 seconds)

Sardar Mohd. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1990WLN(UC)208

..... this case and the case which we are having in hand is distinguishable on the ground that under section 217 the provisions of the old act have been repealed but certain acts have been saved to the extent mentioned there under if there was only the fact that the provisions of act of 1939 is repealed and there were not savings then perhaps the argument of the learned counsel would have some substance. ..... certificate of fitness or registeration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this act had not been passed;(c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this act or to the corresponding provision of this act;(d) the assignment of distinguishing marks by the registering authority and the manner of display on motor ..... air 1986 sc 1719 and submitted that it appears that the legislature has taken into consideration the weightly observations made by their lordships of the supreme court in onkar singh's case (supra). .....

Ujelly, T.C.S. Rep. by Its President Vs. Govt. of A.P. Rep. by the Com ...

Court : Andhra Pradesh

Reported in : 2009(5)ALT679

..... concerned officer shall request the court to send a sample to the independent laboratory;provided that any adverse analysis report will constitute sufficient cause for the purpose of exercising the power under section 31 of the act, by the authority granting licence or permit to safeguard the public health.provided further that the officer requesting the court to send a sample to an independent laboratory on the application of the licensee has to indicate the name of the ..... broadly, the petitioners questioned the show cause notices on two grounds; (i) that the procedure being followed by the respondents in seeking to establish the alleged adulteration by the petitioners is ultra vires the provisions of the act and the 2007 rules and (ii) that there is no scientific basis for arriving at the conclusion that there is a variation between the average toddy yield from the allotted trees and the average consumption of toddy ..... , section 482, section 483, section 484, section 485, section 486, section 487, section 488, or section 489 of the indian penal code or any offences punishable under section 112 or section 114 of the customs act, 1962 (irrespective of the fact whether such conviction relates to the period earlier or subsequent to the grant of licence or permit; or)(e) if the conditions of the licence or permit provide for such cancellation or suspension at will .....

Jwala Prasad Vs. Board of Revenue, M.P., Gwalior and ors.

Court : Madhya Pradesh

Reported in : AIR1972MP111; 1972MPLJ381

..... the judicial committee held that 'the mere right existing at the date of the repealing statute to take advantage of the provisions of the act repealed was not a 'right accrued' within the meaning of the saving clause. ..... in this case were under the abolition act and not under an act repealed by this code and section 261 quoted ..... para (e) [the latter part of section 38 (2) of the interpretation act]:, since the right there referred to is the right acquired or accrued under a repealed enactment mentioned in paragraph (c) [the first part of section 38 (2)], and ..... thereof: provided that the repeal shall not affect- (a) x x xx (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; (c) x x x x(d) any investigation, legal proceeding or remedy in respect of any suchright, privilege, obligation, liability,penalty, forfeiture or punishment asaforesaid; and any such investigation,legal proceeding or remedy may beinstituted, continued or enforced, andany such penalty, forfeiture or punishment may be imposed as if this act hadnot been passed: x ..... section 38(2) of the interpretation act, 1889, passed by the british parliament provides that repealing acts are, unless the contrary intention appears, not to affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed; or affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, .....

Tata Oil Mills Co. Ltd. Vs. Superintendent of Central Excise

Court : Chennai

Reported in : 1996(53)ECC41; 1995(80)ELT737(Mad)

..... court rejected both the contentions and held that the repealing act expressly provided in section 13 that the cess due before the date of the said repeal but not collected shall be collected according to law as if the cess act is not repealed, which provision amounts to a positive affirmation of the intention of the parliament to keep such imposition alive and effective till the date of the repeal of the cess act. ..... the cess act was, however, repealed by section 12 of the cotton, copra and vegetable oils cess (abolition) act 1987 (act 4 ..... government of india decided to repeal the provisions of the produce cess act to the extent to which they authorise a levy of cess on copra consumed in mills for the manufacture of other articles and to simultaneously pass a comprehensive legislation authorising for the imposition of a separate cess on copra. ..... contended before the supreme court that in the budget speech of the finance minister delivered on the floor of the lok sabha on 28-2-1986, he said that the cesses levied as excise duties contribute to the multiplicity of taxes and as an endeavour to reduce the number of these cesses, it has been decided to dispense with the cess on cotton, copra and vegetable oils. ..... said speech of the finance minister in the lok sabha constitutes an enforceable and effective decision upon which the parties were entitled to act and that it is not open to the government to go back upon the said decision and demand cess for the period subsequent to 1-3-1986. .....

Hansraj Moolji Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1957SC497; (1957)59BOMLR910; 1957CriLJ599; [1957]1SCR634

..... peace and good government of british india or any part thereof, and any ordinance so made shall, for the space of not more than six months from its promulgation, have the like force of law as an act passed by the indian legislature; but the power of making ordinances under this section is subject to the like restriction as the power of the indian legislature to make laws; and any ordinance made under this section ..... our attention has not been drawn to any subsequent ordinance or act of the indian legislature amending or repealing the said ordinance with the result that it continues to be in force and was in operation on july 11, 1953, the date on which the offence in question was committed by the appellant.23 ..... 3 of the act are subject to no time limit as regards their existence and validity, unless imposed by the ordinances themselves, or other amending or repealing legislation whether by ordinance or otherwise ..... 3 of the india and burma (emergency provisions) act, 1940, and the ordinance in question was therefore not limited to the space of not more than six months from the date of its promulgation but was perpetual in its duration with the result that it continues in operation until it is repealed. ..... june 27, 1940 to april 1, 1946, there was no limitation of the period of duration of the ordinance in question and the ordinance having the like force of law as an act passed by the indian legislature without any limitation on its duration was to continue in force until it was repealed. .....

Peela Pothi Naidu Vs. Union of India (Uoi) and anr.

Court : Andhra Pradesh

Reported in : 2000(1)ALD(Cri)763; 2000(2)ALT779

..... by the governor-general, were done so in exercise of his special legislative powers or in exercise of the emergency power conferred upon him by section 72 of ix schedule of government of india act, 1935 and were all equated with the acts of the federal legislature or the indian legislature, as the case might be, and that the said ordinance will have its operation and validity until it is amended or repealed, in view of section 1(3) and section 3 of the india and burma (emergency provisions ..... impugned ordinance having independent existence having been promulgated under section 72 of schedule ix of government of india act, 1935 and in view of section 1(3) of india and burma (emergency provisions) act, 1940, its tenure is unlimited and it continues until it is repealed or amended by the parliament or the legislature, as the case may be. ..... the petitioner also contends the criminal procedure code, 1898 was repealed and re-enacted as the code of criminal procedure, 1973 (act ii of 1974) which came into force with effect from 1-4-1974 and as criminal procedure code, 1974 did not absorb or include the provisions of the impugned ordinance, the impugned ordinance became ineffective ..... petitioner further contends that as the impugned ordinance was promulgated under the government of india act, 1935, and as the said act itself was repealed by the articles 389 and 395 of the constitution and as such, any ordinance tracing its origin from the government of india act, 1935 has no force of law.4. .....

Islamic Research Foundation vs.union of India .....

Court : Delhi

..... the public interest to disclose, the central government is of the opinion that the jeih is an unlawful association; now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 (37 of 1967), the central government hereby declares the jamaat-e-islami hind to be an unlawful association, and directs, in exercise of the powers conferred by the proviso to sub-section (3) of that section, that this notification shall ..... in nature and prejudicial to the maintenance of harmony between various religious groups and communities and if urgent steps are not taken there is every possibility of many youth being motivated and radicalized to commit terrorist acts leading to promoting enmity between different religious groups; and whereas, the central government, having regard to the above circumstances, is of the firm opinion that it is necessary to declare the islamic research foundation ..... the context otherwise requires, (a) association means any combination or body of individuals; wp(c) 264/2017 page 4 of 17 ***** ***** ***** (f) unlawful activity , in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of .....

Shah Bhojraj Kuverji Oil Mills and Ginning Factory Vs. Subbash Chandra ...

Court : Mumbai

Reported in : (1962)64BOMLR407

..... if nothing more had been said, section 7 of the bombay general clauses act would have applied, and all pending suits and proceedings would have continued under the old law as if the repealing act had not been passed. ..... these clauses are introduced into acts which repeal others, to safeguard rights which, but for the savings, would be ..... the substantive part of the section repealed two acts which were in force in the state of ..... and not merely qualifying that which goes before.and contends that the latter portion of the proviso, in question, being a substantive enactment, comprehends not only those suits which were pending on the date of repeal but also those cases, which came within the language of the latter part of the proviso, whenever the act was extended to new areas. ..... learned solicitor-general contends that the savings clause enacted by the proviso, even if treated as substantive law, must be taken to apply only to suits and proceedings pending at the time of the repeal which, but for the proviso, would be governed by the act repealed. ..... the learned solicitor-general argues that the proviso should be read as a proviso only to the substantive enactment, and must be taken to qualify the substantive portion of section 50 only to the extent to which it makes an exception to the repeal and but for the proviso would be governed by the repealed acts. ..... section 50 of the act, these acts were repealed. ..... proviso which has been added to section 50 of the act deals with the effect of repeal. .....

M/S. B.K. Industries and Others, Etc. Etc. Vs. Union of India and Othe ...

Court : Supreme Court of India

Reported in : AIR1993SC2123; 1993(65)ELT465(SC); JT1993(2)SC709; 1993(2)SCALE541; 1993Supp(3)SCC621; [1993]3SCR51; [1993]91STC548(SC)

..... the amendments made to the produce cess act, 1966 (15 of 1966) or the repeal of the copra cess act, 1979 (4 of 1979) or the vegetable oils cess act, 1983 (30 of 1983), by this act, any duty of excise, levied under any of the said acts immediately before the commencement of this act, but has not been collected before such commencement, shall be liable to be collected after such commencement in accordance with the provisions of the said acts for being paid into the ..... circumstances and grounds in support of their plea: (1) in his budget speech delivered on 28.2.1986, presenting the budget 1986-87, the union minister of finance stated: 'the long term fiscal policy recognises that cesses levied as excise duties contribute to the multiplicity of taxes. ..... of writ petitions question the validity of the levy and collection of cess under section 3 of the vegetable oils cess act, 1983 for the period commencing 1st march, 1986 and ending with 31st march, 1987.2. ..... said decision of the government of india, the directorate of vanaspati, vegetable oils and fats addressed the letter dated august 11, 1986 to the commissioner (tax research), department of revenue, new delhi asking him to issue instructions to all concerned indicating that the cess on vegetable oils has been dispensed with and as such the cess shall not be collected. ..... provision, it would appear that the petitioner's dispute as to their liability to pay the said cess for the period march 1, 1986 to march 31, 1987 is of little avail. .....

Shah Bhojraj Kuverji Oil Mills and Ginning Factory Vs. Subbash Chandra ...

Court : Supreme Court of India

Reported in : AIR1961SC1596; [1962]2SCR159

..... of the bombay general clauses act would have applied, and all pending suits and proceedings would have continued under the old law, as if the repealing act had not been passed. ..... these clauses are introduced into acts which repeal others, to safeguard rights which, but for the savings, would be ..... the substantive part of the section repealed two acts which were in force in the state of ..... contends that the latter portion of the proviso, in question, being a substantive enactment, comprehends not only those suits which were pending on the date of repeal but also those cases, which came within the language of the latter part of the proviso, whenever the act was extended to new areas. ..... - in any case where there is a dispute as to the amount of standard rent or permitted increases recoverable under this act the tenant shall be deemed to be ready and willing to pay such amount if, before the expiry of the period of one month after notice referred to in sub-section (2), he makes an application to the court under sub-section (3) of ..... solicitor-general contends that the savings clause enacted by the proviso, even if treated as substantive law, must be taken to apply only to suits and proceedings pending at the time of the repeal which, but for the proviso, would be governed by the act repealed. ..... to the extent to which it makes an exception to the repeal and but for the proviso would be governed by the repealed acts. ..... the act, these acts were repealed. ..... the act deals with the effect of repeal. .....