Court : Mumbai Aurangabad
Decided on : Oct-26-2016
1. Being aggrieved by the seizure of goods under receipt dated 8.5.2002, notice dated 11.5.2002, and a complaint dated 18.10.2002 and the order of the Judicial Magistrate First Class, Aurangabad dated 19.10.2002 issuing thereby process against the applicants, the applicants prefers this application under section 482 of the Code of Criminal Procedure for quashing the same. 2. Brief facts, giving rise to the present application are as under: a] The applicant No.1, is a Company registered under the Companies Act having its office at Mumbai. The company has a manufacturing Unit/Factory at Aurangabad and the company is engaged at aforesaid unit, in manufacturing, inter-alia, toilet soaps. b] On 8.5.2002 respondent no.2 had inspected the toilet soap stored in the petitioner no.1's premises. It was noticed during the said inspection that the products of the company namely Palmolive Naturals Soap (with milk cream) and Palmolive Naturals Soap (Relaxing) have weighed lesser than the declared net...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-2016
..... act 54/1994 to simplify the procedure not to make it complicated and invalidate the licence of light motor vehicle and its holder could drive transport vehicle of the weight specified in section 2(21) of the act ..... psychotropic substance within the meaning of the narcotic drugs and psychotropic substances act, 1985; (61 of 1985); or is a person whose licence to drive any motor vehicle ..... use of such components that do not conform to the prescribed standards by manufactures, and also stocking / sale by the traders; (h) ..... vehicles rules, 1989. the test was conducted on (here enter the registration mark and description of the vehicle) .. on (date). the applicant has ..... for learner s licence the written consent of parent/guardian.17. i have submitted along with the application for learner ..... enforceable and executable in the same manner as provided in section 174 of the act for enforcement and execution of the award in favour of the claimants. (x) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149(2) read with sub-section ..... act which reads thus: 84. stationary vehicles no person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver s seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measure .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-2016
..... registration of motor vehicles, from control of transport vehicles to control of traffic, from motor vehicle accidents to liabilities for such accidents, from insurance of motor vehicles to the establishment of claim tribunals to prescribing offences, penalties and procedures. thus, the act is comprehensive in its nature and scope. section 2 of the act defines different terminologies which are used in the act. while section 2 (28) of the act defines the words "motor vehicle" or "vehicle", section 2 (7) of the act ..... authority; xi) that specified standards of comfort and cleanliness shall be ..... t constrain abusive law enforcement practices: "limited police ..... restrictive choice of measure should be ..... the case of motor cabs, a specified weight of passengers luggage shall be carried ..... . 1.17 as meaning " ..... section 63 (7) into the act of 1939. section 63 (7) of the act of 1939 is similar to section 88 (9) of the act of 1988. since both the provisions are mutatis mutandis, the statement of object and reasons for incorporation of section 67 (3) can be considered while interpreting section 88 (9) of the act. 101. moreover, the hon'ble supreme court in the case of ashutosh swain and ors. v state transport authority and ors. [ (1985 ..... 54. mr. sajan poovayya is equally unjustified in claiming that a canvasser has to work for a known entity. a bare perusal of section 93 of the act would belie this plea. for, the said section does not lay down that a canvasser has to work for a known principal. the section .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-25-2016
B.P. Colabawalla, J. 1. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner had originally challenged the notification dated 11th June, 2014 issued by Respondent No.2 under the provisions of the Maharashtra Relief Undertakings (Special Provisions) Act, 1958, [formerly known as the Bombay Relief Undertakings (Special Provisions) Act, 1958] (for short BRU Act ). This notification was valid for a period of one year from the date of its issuance. It has thereafter been brought on record that subsequent notifications have also been issued and the notification that is currently in force is dated 18th June, 2016. This notification is valid for a period of one year commencing from 18th June, 2016 till 17th June, 2017 (both days inclusive). Under this notification, Respondent No.4 is referred to therein as a 'Relief Undertaking' and all of its rights, privileges, obligations or liabilities (except those obligations or liabilities as specified therein) accrued o...
Tag this Judgment!Court : Mumbai
Decided on : Apr-29-2016
R.G. Ketkar, J. 1. By administrative order dated 25.08.2015 passed by the Hon'ble the Chief Justice, this Special Bench was reconstituted for hearing of above Petition and other connected matters from the Division Benches available at Original / Appellate Side. In pursuance thereof, we have heard Mr. Navroz Seervai, learned Senior Counsel for petitioners, Mr. R. S. Apte, learned Senior Counsel for respondent No.1, Mr. Daraius Khambata, learned Senior Counsel for respondent No.6, Mr. Shailesh Shah, learned Senior Counsel for respondents No.7 and 8 and Mr. Toor, learned Counsel for BEST at length. At the request and by consent of the parties, the Petition is taken up for final hearing. 2. This Petition is instituted by Adarsh Co-operative Housing Society Limited (for short 'Adarsh Society') and one of its members under Article 226 of the Constitution of India against respondent No.1 - Union of India, Ministry of Environment and Forests (for short 'MOEF'), respondent No.2 - Mr. Jayram Ram...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-2016
..... manufactured within. apart from the rate of tax, other significant aspects include procedural provisions such as licensing and registration, the machinery for assessment and set-offs and exemptions. substantive equality recognises the need ..... transport to exclude certain regulatory measures and fiscal exactions from the operation of part xiii. the concept has created doctrinal inconsistencies and uncertainty in the application of legal standards. the decision in automobile transport is ..... act rather than search for its meaning by referring to other statutes where it has been used. 171. chapter viii of customs act deals with goods in transit. section 54 deals ..... was to establish a federal structure observed thus : the first criterion is that the state must exercise compulsive power in the enforcement of a given political order, the second is that these powers must be regularly exercised over all the inhabitants of ..... it necessarily the character of trade and commerce. such matters relating to hours, equipment, weight/size of load, lights, which form the incidents of transportation, even if inseparable ..... in which a similar complaint was made by the taluqdars of oudh against the united provinces tenancy act (u.p. act 17 of 1939). it was held by the judicial committee that the crown cannot deprive itself of ..... express newspapers (bombay) pvt. ltd. and ors. etc. v. union of india and ors. etc. (1985) 1 scc641 levy of indirect tax on newspaper industry, through levies on imported newsprints was .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-2016
..... registration of motor vehicles, from control of transport vehicles to control of traffic, from motor vehicle accidents to liabilities for such accidents, from insurance of motor vehicles to the establishment of claim tribunals to prescribing offences, penalties and procedures. thus, the act is comprehensive in its nature and scope. section 2 of the act defines different terminologies which are used in the act. while section 2 (28) of the act defines the words "motor vehicle" or "vehicle", section 2 (7) of the act ..... authority; xi) that specified standards of comfort and cleanliness shall be ..... t constrain abusive law enforcement practices:"limited police ..... restrictive choice of measure should be adopted ..... the case of motor cabs, a specified weight of passengers luggage shall be carried ..... .1.17 as meaning ..... section 63 (7) into the act of 1939. section 63 (7) of the act of 1939 is similar to section 88 (9) of the act of 1988. since both the provisions are mutatis mutandis, the statement of object and reasons for 127 incorporation of section 67 (3) can be considered while interpreting section 88 (9) of the act.101. moreover, the hon'ble supreme court in the case of ashutosh swain & ors. v state transport authority & ors. [ (1985 ..... 54. mr. sajan poovayya is equally unjustified in claiming that a canvasser has to work for a known entity. a bare perusal of section 93 of the act would belie this plea. for, the said section does not lay down that a canvasser has to work for a known principal. the section .....
Tag this Judgment!Court : Chennai
Decided on : Apr-12-2016
..... procedure of translating a treaty into an act of parliament would be time consuming and cumbersome, a special procedure was evolved by enacting section 90 of the income tax act. 58. but, the difficulty in reconciling the opinion contained in paragraph 18 with the opinion contained in paragraph 19 of the report in azadi bachao andolan is that if no legislative measure ..... standard for exchange of tax information. to call on the accounting standard setters to work urgently with supervisors and regulators to improve standards on valuation and provisioning and achieve a single set of high quality global accounting standards; and to extend regulatory oversight and registration ..... of, the enforcement or prosecution ..... force. 17. it is ..... section 90 of the income tax act. 54 ..... act, 2000 should be interpreted in the light of the universal declaration of human rights as well as the united nations standard minimum rules for the administration of juvenile justice 1985 ..... measures in relation to individuals with undeclared financial activities in a blacklisted jurisdiction. 11netherlandslegislative 1. the denial of benefits on income/capital gains associated with shares in certain companies. non legislative 2. additional question(s) on tax returns to the ownership of foreign assets. 12norwaylegislative 1. special withholding tax rules 2. the application of transfer pricing rules to transactions between unrelated parties/increased transfer pricing documentation requirements. other 3. giving extra weight .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-2016
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.235 OF2012Savelife Foundation & Anr. Petitioners Vs. Union of India & Anr. Respondents JUDGM ENT ARUN MISHRA, J.1. The petition has been filed under Article 32 of the Constitution of India in public interest for the development of supportive legal framework to protect Samaritans i.e. bystanders and passers-by who render the help to the victims of road accidents. These individuals can play a significant role in order to save lives of the victims by either immediately rushing them to the hospital or providing immediate life saving first aid.2. The petitioner is SaveLife Foundation, a non-profit, non- governmental organization registered as a Public Charitable Trust and had been established in 2008. The petitioner aims to create a unique network of medical responders to come to the victims aid. The petitioner has also drafted recommendations to address the critical deficiencies in the Motor Vehicle...
Tag this Judgment!Court : Karnataka
Decided on : Jun-21-2016
..... 239. the word service matter is defined under section 3(q) in the administrative tribunals act, 1985 as under: (q) service matters , in relation to a person ..... the responsibilities necessarily implies correspondingly higher measure of control over the parties, the subject-matter and the procedure. indeed as the relief is positive and implies affirmative ..... question paper shall be set both in kannada and english. b. the standard of general mental ability questions of preliminary examination (aptitude test ..... data for the purpose of correlating names of such appointees with their registration numbers and code numbers during the process of selection was being called ..... technique of public interest litigation serves to provide an effective remedy to enforce these group-rights and interests. 231. public interest litigation ..... directed the commission to supply the additional data required by the state government. on 17.09.2013, the commission wrote to the government stating that after ..... committee as set out in paragraphs 46, 47, 50, 51, 53, 54, 56, 58, 65 and 66 of the report, which are clearly set out ..... procedure on the ground that it is in force for long period would not be proper. as it is unconstitutional, it requires to be set aside. 147. in support of his contention, the learned senior counsel sri. p.s. rajagopal, appearing for kpsc, relied on the following judgments: 148. the apex court in the case of s.b.bhattacharjee vs s.d.majumdar and others reported in 2007 (10) scc 513 dealing with the weight .....
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