Judgment Search Results Home > Cases Phrase: spices cess act 1986 repealed Page 14 of about 65,403 results (0.235 seconds)

Unna Ram Vs. Smt. Geeta Devi

Court : Rajasthan

Reported in : 2002(4)WLC227; 2002(5)WLN713

..... : 2000(119)elt257(sc) , a constitution bench of the hon'ble supreme court has categorically held that section 6 of the general clauses act applies to repeals and not to omission and applies when the repeal is of an act or regulation and not of a rule, meaning thereby that the provisions are not attracted in case of an omission of a rule and its effect on ..... the hon'ble supreme court considered the effect of amendment of 1976 in the prevention of food adulteration act, 1954 and held that in case of a simple repeal, there is scarely any room for expression of a contrary opinion, but when the repeal is followed by fresh legislation on the same subject, the court must look to the provisions of the new act for determination as to whether they indicate different intention for the purpose of considering the application of ..... have to be ascertained from the relevant provisions of the new act....the object of repeal and re-enactment is to obliterate the repealed act to get rid of certain obsolute matters.in union of india ..... (2) notwithstanding that the provisions of this act have come into force or repealed under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act 1897: (a) the provisions of section 102 of the principal act, as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 5, and every such appeal shall be disposed of as .....

In Re: Ambujam Ammal

Court : Chennai

Reported in : AIR1954Mad326; (1953)IIMLJ50

..... judges also referred to a series of american decisions holding that one who as a spy or detective associates with criminals solely for the purpose of discovering and making known their crimes and who acts throughout with this purpose and without any criminal intent is not an accomplice and that it is immaterial that he encourages or aids the commission of the crime.the rule laid down in (1803 ..... america where it has been held that one who as a spy or a detective associates with criminals solely for the purpose of discovering and making known their crimes, and who acts through-out with this purpose, and without any criminal intent, is not an accomplice, and it is immaterial that he encourages or aids in the commission of the crime. ..... in other words, even if the object of the person who instigates another to commit a crime is to catch him in the act of committing the crime, instigation by him nevertheless amounts to abetment of the offence, and the abettor must be regarded as an accomplice when the object of the instigation is to make ..... a guilty associate in crime; or when the witness sustains such a relation to the criminal act that he could be jointly indicted with the accused, he is an accomplice; per subra ..... the rule thatan accomplice must sustain such a relation tothe criminal act that he could be jointly indicted with the accused is subject to various modifications.it is not necessary that the accomplice (as a witness) should so unreservedly confess to his complicity in the crime .....

Kewal Court (Pvt.) Ltd. and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1988Cal161

..... (3) lays down that notwithstanding anything contained in sub-section (1) where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf, immediately before the commencement of this act then the persons holding such vacant land at such commencement shall be entitled to continue to hold such fandforthepurposeof group housing. ..... since the interest of the writ petitioners as well as the members of his family as contemplated by section 2(i) of the said act has not been cleared, it is not possible for a court of equity to grant them relief prayed for. ..... the plan accordingly was deemed to have been sanctioned under rule 56 of the said schedule of the calcutta municipal act enabling the petitioner company to proceed with the construction in terms of the said plan. ..... group housing as defined in the explanation to section 4(3) of the urban land ceiling act is that the group housing means a building constructed or to be constructed with one or more floors consisting of one or more dwelling units and having common service facility. ..... the petitioners contend that since the plan submitted by them before coming into force of the urban land ceiling act the land cannot be treated as vacant land exceeding the ceiling limit. ..... on their turn corporation of calcutta issued a notice under rule 54 of the said schedule under the said act and directed the petitioners to comply with the requisitions made. .....

Commissioner of Income-tax, West Bengal, Calcutta Vs. Govindalal Dutta

Court : Kolkata

Reported in : AIR1958Cal195,[1958]33ITR630(Cal)

..... contended that the loss of the year 1942-43 should be investigated in the course of the assessment for the year 1943-44 and that the assessee had a right to such investigation under section 24 (3) of the act, but that contention was also repelled on the ground that what section 24 (3) contemplated was an ascertained loss, that is to say, a loss determined by the taxing authorities in an earlier assessment proceeding and ..... definition, presented, if the definition was to be literally applied, has now been removed by a change in the definition, whereby not only a person by whom income-tax is payable under the act, but also every person in respect of whom any proceeding has been taken for the assessment of either his income or the loss sustained by him has been brought within the ambit of the definition.14. ..... having thus disposed of the objection taken on behalf of the department, the tribunal proceeded to hold that the right given to assessees under section 24 (2) of the act to carry forward losses for a period of six years was an absolute and unqualified right and there could be no justification for refusing to give effect to that right on the ..... 24 (1) has been passed and it is only when the operation contemplated by section 24 (1), that is to say, the operation of setting off the loss under any of the heads mentioned in section 6 of the act against the income of any or all of the other heads has resulted in the final emergence of a business loss, that section 24 (2) comes into play. .....

Central Bank of Nigeria Vs. Williams

Court : UK Supreme Court

..... relevant parts of section 8 of the 1888 act (section 8"), which did not involve a repeal of section 23(2) of the 1873 act, are set out in para 22 above. ..... it is common ground that so far as any of the 1986 trust claims is subject to statutory limitation, the limitation period has expired and that on that footing those claims would give rise to no serious issue to ..... . it follows from this that the 1986 trust claims are barred by limitation, and i would therefore ..... the 1986 trust claims are time barred, essentially because section 21(1)(a) of the limitation act 1980 is concerned only with actions against trustees and the central bank is not ..... who heard the matter in the high court, held that of the various claims then advanced by dr williams, the only ones which raised a serious issue to be tried on the pleaded facts were the so-called "1986 trust claims": [2011] ewhc 876 (qb). ..... reasons, and for the very similar reasons given by lord neuberger, i would allow the appeal and declare that the english court has no jurisdiction which it ought to exercise in respect of the 1986 trust claims. ..... as applied to the 1986 trust claims, these provisions give rise to ..... the 1986 trust claims comprised (i) a claim to require the central bank to account for the $6,520,000 on the footing that it dishonestly assisted mr gale's breach of trust; (ii) a claim to require it to account for $6,020,190 on the ..... to be the victim of a fraud instigated by the nigerian state security services which occurred in 1986. .....

Rupchand Hemandsar Panjwani and ors. Vs. Heera Jawaharlal Mirchandani

Court : Mumbai

Reported in : AIR1968Bom100; (1967)69BOMLR587; 1967MhLJ906

..... 2(1) part i and part iv have been applied to the whole state it is only after part ii or iii is applied to the premises in suit that last words in the proviso prescribe that 'all the provisions of this act and the rules made thereunder shall apply to all such suits and proceedings; obviously, therefore, the mere coming into force of part i and part iv does not mean the application of the ..... iv were applied to the whole of maharashtra and parts ii and iii were applied in the first instant respectively to the areas claimed in schedules i and ii to the act and the state government was given under section 2 powers to extend the provisions of part ii or part iii or both to any other areas. ..... the bombay rents, hotel rates and lodging house rates (control) act, 1944 , and every order or act deemed to have been passed or done under that part shall be deemed to have been passed or done under this act; and (b) all proceedings pending before the controllers under part iv of that act shall be transferred to and continued before the controllers appointed under this act as if they were proceedings instituted before the controllers under this ..... repeals and removal of doubts, regarding applicability of the act to the proceedings under the presidency small cause courts act ..... restriction act, 1989, and the bombay rents, hotel rates and lodging house rules control act, 1944 are hereby repealed. ..... proviso, would be governed the act repealed. ..... hotel rates and lodging house rates control act, 1944 were repealed. .....

Mohini Chandrakant Naik and anr. Vs. New India Assurance Co. Ltd. and ...

Court : Mumbai

Reported in : 1991ACJ354

..... even when the repealing act is inconsistent with the enforcement of rights and liabilities, section 6 will save only those parts of repealed act, the operation of which beyond the date of repeal is necessary to give effect to the rights and liabilities.12 ..... lays down that in order to see whether the rights and liabilities under the repealed law have been put an end to by the new enactment, the proper approach is not to enquire if the new enactment has by its new provisions kept alive the rights and liabilities under the repealed law but whether it has taken away those rights and liabilities.11. ..... it is not unusual that when a law is amended, some period is allowed to pass between the publication of the act and the enforcement thereof so that the intention of the legislature is clearly discernible that the new law shall have retrospective effect and during the intervening period the act was as if in the state of suspension, advantage of which can be taken by the litigant for moving the court in ..... , when an existing statute is repealed by another statute the proceedings which arise out of the acts committed when the repealed statute was in force, they will be governed by the repealing statute. ..... was also placed on section 217 of the new act which provides for repeal and savings and in particular sub-section (4) thereof by which section 6 of the general clauses act, 1897 is made applicable. ..... 6 of the general clauses act, 1897 does not save the provisions of the repealed act as such. .....

Padullaparthi Mutyala Paradeshi Vs. Padullaparthi Subbalakshmi and anr ...

Court : Andhra Pradesh

Reported in : 1962CriLJ308

..... and recognised by the law as capable of producing a valid marriage, for the purpose of a pretended and fictitious marriage, the case is not the less within the statute (offence against the person act, 1861) by reason of any special circumstances, which independently of the bigamous character of the marriage may constitute a legal disability in the particular parties, or make the form of marriage resorted to ..... of a person who had special means of knowledge and when such a statement was made before the question in dispute was raised, is made admissible under sub-section (5) of section 32 of the indian evidence act and that section 50 has rendered an opinion as to relationship of one person to another expressed by the conduct of any person who, as a member of the family or otherwise, has special means of knowledge ..... between any two hindus, if the following conditions are fulfilled, namely:(i) neither party has a spouse living at the time of marriage; xx xx xxsection 11 is in the following terms;any marriage solemnized after the commencement of this act shall be null and void and may, on petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (1) xx xx xx of section ..... section 4 of that act for punishing under section 494 or 495, ipc a party to such a void marriage as it is bigamous.while so, hindu marriage act (central act xxv of 1955) was enacted which repealed all these local statutes .....

P.A. Paul and ors. Vs. State of Punjab

Court : Punjab and Haryana

Reported in : AIR1962P& H280; (1962)ILLJ592P& H

..... used as hotel, restaurant, boarding or eating house, theatre, cinema or other place of public entertainment or any other place which the government may declare by notification in the official gazette to be a commercial establishment for the purposes of this act; 2 (viii) 'establishment' means a shop or a commercial establishment; '2(xxv) 'shop' means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, store-rooms, godowns ..... on behalf of the state it is conceded that the individual doctors carrying on their profession are not governed by the provisions of this act, but the establishments of medical practitioners run with the assistance of employees are covered by the provisions of the act, but it is maintained that only such restrictions have been placed, on such establishments as are for the welfare of the employees consistent with ..... in the present case we are concerned with the first category of establishments and by reason of section 4 of the act, the provisions of sections 9 and 10 do not apply to shops dealing mainly in medicines or medical or surgical requisites or appliances and establishments for the treatment or care of the ..... repealed by the punjab shops and commercial establishments act (punjab act ..... their claim is that they are seriously handicapped in their practice by reason of the application of the act to them and are prevented from discharging their professional duties effectively and efficiently. .....

Madhya Pradesh Ration Vikreta Sangh Society and ors. Vs. State of Madh ...

Court : Supreme Court of India

Reported in : AIR1981SC2001; 1981(3)SCALE1420; (1981)4SCC535; [1982]1SCR750; 1982(14)LC42(SC)

..... of rice and paddy and even for securing their equitable distribution and availability at fair prices.the court, therefore, repelled the contention that clause 5(e) had no relation whatever to the objects mentioned in section 3 of the act and went on to say: ibid at 951.sub-clause (e) of clause 5, we have already stated, enables the licensing authority to give preference to a cooperative society in certain circumstances; but it does not create a monopoly ..... but must be based on some rational and relevant principle which is non-discriminatory; it must not be guided by any extraneous or irrelevant considerations, because that would be denial of equality...the state connot, therefore, act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational and non-discriminatory.the observations made by bhagwati, j. ..... the preference given has a reasonable relation to the objects of the legislation set out in section 3 of the act.in the sarkari sasta anaj vikreta sangh case the impugned scheme was also challenged on various other grounds but the court negatived all the contentions raised and we need not refer ..... (distribution) control order, 1960 (hereinafter called the 'control order') was made by the state government in exercise of the powers conferred by section 3 of the essential commodities act, 1955, read with government of india, ministry of food and agriculture (depart-of food), order no. .....