Judgment Search Results Home > Cases Phrase: spirituous preparations inter state trade and commerce control act 1955 section 5 penalties Page 10 of about 649 results (0.420 seconds)

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... it is urged that the amended sections put restrictions on inter-state trade and commerce contrary to the provisions of article 301 of the constitution of india. ..... krishna lal (supra), the canadian supreme court was considering the constitutionality of the presumption engrafted in section 8 of the narcotic control act, 1970 of canada on the anvil of section 11(d)of the canadian charter of rights and freedoms, which guaranteed the presumption of innocence to the accused. ..... (5) the search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the court as a witness of the search unless specially summoned by it. ..... the total ban on slaughter of cows even on bakri'd day as imposed by bihar legislature under bihar preservation and improvement of animals act, 1955 was attacked as violative of the fundamental right of the petitioners under article 25 of the constitution. ..... it is also being provided for enhancement of penalty of imprisonment for certain kind of offences under section 9 of the act from six months to five years and of fine of one thousand rupees to ten thousand rupees and with a view to curb the tendency towards such offences also making such offences non-bailable so as to serve as deterrent. 17. .....

Dhanani Shoes Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... in order to constitute a contract of sale during the course of inter-state trade and commerce, the contract must be supported by materials in writing, (ii) the vehicles, in question, could have been sold to only registered dealers and not to individuals and/or (iii) that a declaration in form c ought to have been ..... to the alleged misclassification of goods, which could not have been a valid reason for making the seizure under section 74(5)(a)(ii) of the act, the respondents sought to sustain the seizure, in the writ petition, by contending that since the seized goods were ..... to show-cause reflects that the respondents have abandoned this ground for making seizure and/or for imposing penalty and have, now, sought to impose penalty on the sole ground that the goods had been misclassified in the sense that ..... scope of the power of review, particularly, of the high courts and, having considered the case of moran mar basselios cathlicos air 1954 sc 526, the supreme court has clarified, in no uncertain words, in board of control for cricket, india : air2005sc592 , that the rule that 'any ..... reasons to suspect that evasion of tax payable under this section may take place in respect of the goods:provided that a list of all goods seized under this clause shall be prepared by such officer and be signed by the officer and the carrier or the bailee or the person-in-charge of ..... [1955]1scr520 this court made observations as regards limitations in the application of review of its order stating:before .....

East India Cotton Manufacturing Company Private Limited Vs. the Assess ...

Court : Punjab and Haryana

Reported in : [1973]30STC489(P& H)

..... the purpose of the act is to enable the registered dealer, to whom a certificate under section 7 of the act has been issued, to compete in the open market in inter-state trade or commerce and, therefore, he is enabled to purchase certain goods which he requires for the manufacture and processing of his own goods at a concessional rate. ..... in consequence, another notice was issued to the company, which said:it is proposed to impose upon you penalty under section 10a of the central sales tax act, 1956, as you have contravened the provisions of section 10 of the act' ibid by purchasing goods for the purposes specified in clause (b) of sub-section (3) of section 8 but have failed, without reasonable excuse, to make use of the goods for any such purpose.6. ..... will be frustrated and the state revenue will suffer a loss...to ask the dealers, for whom the petitioner-company manufactured or processed textiles with the aid of the goods purchased on the basis of its registration certificate under the act, to render an account of the sale of those goods to the satisfaction of the assessing authority, will be to authorise the assessing authority to look into their accounts for which those dealers may not be prepared and they might as well ..... or does it pervade and control the words 'for sale' also, at the fag-end of the phrase? ..... the regional provident fund commissioner (1955) 57 p.l.r. .....

South Punjab Electricity Corporation Ltd. (Now Rohtak, Textile Mills L ...

Court : Punjab and Haryana

Reported in : [1976]37STC35(P& H)

..... specifications of the contracts of sale, and the sales tax authorities at faridabad were entitled to levy central sales tax on the sales;(4) it is not the physical possibility of diversion but the legal right of diversion which is to be taken into account in determining whether the sale was in the course of inter-state trade; and(5) the appropriation referred to in section 4(2)(b) of the central sales tax act, 1956, connotes the setting apart of ..... it was further observed that in deciding the question whether the transaction between the parties is in the course of inter-state trade or commerce, the court should look not merely at the distribution agreements, but regard should be had to the entire course of dealings between the parties, and that there is nothing illegal or impermissible to a party so arranging its affairs that the liability to pay tax would not ..... stoppage or hindrance in the supply of raw material or fuel, explosion, accident, strike, lock-out or any other inevitable or unforeseen event over which the company has no control and which directly or indirectly interfere with the normal working or the full working of the mills, the buyers shall be bound to take delivery of such goods as the company may be in a position to deliver ..... at delhi to the customers under challans prepared at delhi. ..... and incurred the penalty prescribed in their dealership agreements, if they had failed to abide by the terms requiring them to move the goods outside the state ..... year 1955-66, the .....

State of Orissa and ors. Vs. Titaghur Paper Mills Company Limited and ...

Court : Supreme Court of India

Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)

..... of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce.18. ..... conveying to the petitioner any part or share in her husband's proprietary right, no such part or share was conveyed to her as the document was not registered and assuming that any such part or share was conveyed, it had become vested in the state under section 3 of the said act; if the document were considered as a licence coupled with a grant, then the right acquired by the petitioner would be either in the nature of a profit ..... given in the orissa forest produce (control of trade) act is an exhaustive definition inasmuch as the object of that act was to create a state monopoly of trade in specified forest produce and therefore such forest produce had to be ..... manager was required to attend in person or by agent at the sales tax office at angul on october 30, 1977, and to produce or cause to be produced the accounts and documents specified in the said notice and to show cause why in addition to the amount of tax that might be assessed a penalty not exceeding one and half times that amount should not be imposed under section 12(5) of the orissa act that is, for carrying on business without being registered as a dealer. ..... the division bench then turned to the 'rules for gradation of cut sizes of timber' prepared and issued in october, 1960, by the indian standards institution which showed the word 'timber' was freely used for kinds of ..... prakash : [1955]1scr243 , .....

M/S. Ivory Traders and Manufacturers Association and Other Vs. Union o ...

Court : Delhi

Reported in : AIR1997Delhi267b; ILR1997Delhi22

..... this, trade and commerce in indian ..... years or more without interest, the supreme court, upholding the constitutionality of the legislation, held as follows (page 16 of air) :'therefore, when we look at the provision in sub-section (2) of section 14 of the act in the light of the observations of this court, made in fatehchand and other decisions adverted to by us, we find that the legislature of gujarat which had a human problem of saving the poverty-stricken debtors from the clutches of non-institutional creditors, relieving ..... state of maharashtra by act 14 of 1961 amended inter alias sections 367, 372 and 385 of the bombay municipal corporation act ..... , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the essential commodities act, 1955, violated article 19(1)(g). ..... the restrictions imposed by section 12-b as to the alcoholic contents of medicinal and toilet preparations and the requirement that they shall not be manufactured except and in accordance with the terms and conditions of a license granted by the commissioner were held to be reasonable restrictions within ..... penalties led animal article or ivory i (1) any person who contravenes any provision of this act except chapter va and ..... bill to make the penalties for various offices more ..... or trade in, wild animals, animal articles and trophies and taxidermy thereof; (e) provide penalties for contravention of the act.' ..... the penalties for various offences are .....

Rakesh Gupta and Others, Etc. Vs. Hyderabad Stock Exchange Ltd. and Ot ...

Court : Andhra Pradesh

Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)

..... state is political or sovereign in character, the court will keep away from it, the court will not debate academic matters or concern itself with the intricacies of trade and commerce. ..... who appear at the examination under the delhi judicial service rules acquire a right immediately after their names are included in the list prepared under r: 16 of the rules which limits the scope of competition and that right cannot be defeated by enlarging the said list by inclusion of certain other candidates who were otherwise ineligible, by adding extra ..... incorporation and amendments thereto as envisaged under the act, a recognised stockexchange is authorised to make bye-laws by section 9 of the act, subject to the previous approval of the securities and exchange board of india for the regulation and control of contracts and in. ..... qualifications for membership of a recognised stock exchange: the rules relating to admission of membersof a stock exchange seeking recognition shall inter alia provide that: (1) no person shall be eligible to be electedas a member if- (a) he is less than 21 years of age; (b) he is not a citizen of india; provided that the governing body may in suitable cases ..... bye-laws would render the member concerned liable to one or more of the- following punishments, namely, (1) fine, (2) expulsion from membership, (3) suspension from membership for a specified period, and (4) any other penalty of a like nature not involving the payment of money. ..... nagappa, : [1955]1scr250 , though .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... (control of rent (lease, rent and act and rent) control and evi ction) eviction) control act, 1960 act, 1973 act, 1960tenant section 2(i) : section 2(8): section 2(h): section 2(ix) : 'tenant' means any 'tenant' means any 'tenant' means any 'tenant' means any person by whom or person by whom or person by whom or person by whom or on whose account on whose account on whose account on whose account rent is payable for rent is payable rent is payable rent is payable a building or for a building and for a building or for a building and rented land and ..... the lessor who ultimately approached the supreme court contended that with the bringing into force of the part-b states (laws) act 1951, the provisions of the transfer of property act were made applicable to the state of mysore with effect from 1st april, 1951 and that therefore, the house rent control order could not operate on rights of the parties on the date when the executing court made the order for ..... liability acquired, accrued or incurred under any enactment so repealed; or(e) affect any remedy, or any investigation or legal proceedings commenced before the repealing act shall have come into operation in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;and any such remedy may be enforced and any such investigation or legal proceedings may be continued and concluded; and any such penalty, forfeiture or punishment imposed as if the repealing act had not been passed.35. .....

The Collector of Customs, Madras Vs. Nathella Sampathu Chetty and anr.

Court : Supreme Court of India

Reported in : AIR1962SC316; 1983LC2198D(SC); [1961]3SCR786

..... of these and several other provisions which pointed to the absorption of certain of the provisions of the land acquisition act into the 'land act' with vital modifications that their lordships stated : 'but their lordships think that there are other and perhaps more cogent objections to this contention of the secretary of state, and their lordships are not prepared to hold that the sub-section in ..... section, therefore, practically prohibits all holding of gold or trade in gold and subjects the holding of and the trade in gold to the penalty of confiscation, (c) indigenous gold has been produced in mines in india both before and after 1939 and there is nothing to differentiate this from imported gold, (d) it is a commodity which frequently changes hands because of regular trade ..... the matter inter alia of the right to hold property or of the right to trade, with the need for social control in order that the freedoms guaranteed to the individual subserve the larger needs - moral, social, economic and political - of the community and thus ..... submission that gold as a commodity is an innocuous article of commerce, that articles made of gold have been used as part of jewellery by the middle and upper classes from the beginning of time, that it has served as a store of value from ancient times and that the very large number of people in this country ..... act, 1878 (act 8 of 1878) (referred to hereinafter as the act), was amended by section 14 of act 21 of 1955 by the introduction of section .....

Collector of Ganjam and anr. Vs. Ramesh Chander Padhi

Court : Supreme Court of India

Reported in : 2009AIRSCW1469; AIR2009SC1850; JT2009(3)SC511; 2009(II)OLR(SC)143; 2009(2)SCALE267; 2009(2)LC614(SC); 2009(2)LHSC1241

..... for this purpose, section 3 empowers the central government to provide for regulating or prohibiting the production, supply and distribution of the essential commodity and trade and commerce therein if the same is considered necessary or expedient inter-alia for maintaining or increasing supply of any essential commodity or for securing their equitable distribution and availability at fair prices by passing an appropriate order. ..... as per the preamble of the act, the act is to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. ..... the short question involved in these appeals is -- whether fine in lieu of confiscation contemplated under the second proviso to section 6a(1) of the essential commodities act, 1955 (hereinafter referred to as 'the act') provides for levy of fine on the basis of market value of the confiscated vehicle or on the basis of the market price of the essential commodity sought to be carried by such vehicle. ..... he drained out the kerosene oil from the oil tank of the bus which contained 42 liters of kerosene, and prepared the sample list by taking 2 liters out of the seized kerosene oil for its chemical examination. ..... at the outset it is to be stated that the object of the act is to deter a person from illegally dealing in an essential commodity and consequently, impose a deterrent penalty against a person dealing in them illegally. .....