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Hiralal Jitmal Vs. Commissioner of Sales Tax

Court : Madhya Pradesh

Reported in : AIR1957MP37; [1957]8STC325(MP)

..... the courts have not adhered to them, as decisive and have looked to the provisions of the particular act to ascertain what the expression 'manufacture' means in the context in which it has been used in that act.reading the provisions of section 8 (1) (b) with the definitions of 'manufacturer', 'dealer' and 'goods' given in the act, it is plain that the act contemplates the levy of sales tax on the sale transactions of those goods which the manufacturer himself produces for ..... is engaged in the work of printing and dyeing textiles purchased by him and in the business of selling or supplying the printed and dyed material, is a manufacturer within the meaning of the definition given in section 2 (k).in my opinion, the sales tax authorities were right in holding the assessee liable to pay sales tax on sale transaction of cloth printed and dyed by him and sold by him. ..... 1955, which deleted the words 'or processor' from section 3 (1) (b) and added the words 'and also includes a processor in the definition of ' manufacturer given in section ..... (1955) 6 stc 30 (a) and state of ..... he has now, at the instance of the assessee, stated this case on the following questions of law for the ..... cited in many decisions under the sales tax acts of various states. ..... placed on state of madhya ..... 'the decisions in (1955) 6 stc 30 (a) and (1956) 7 stc 626 : (air 1937 pat 184) (b), do not ..... 11 of 1955, every dealer who was a manufacturer or processor find whose turnover in the previous year in respect of sales or supplies .....

Bhupinder Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : (1995)111PLR387

..... -state had also enacted a statute levying entertainment duty, known as 'punjab entertainments duty act, 1955', being act ..... from a proprietor is not paid by him within the period specified in the prescribed notice, the proprietor shall, in addition to the amount due under the sub-section, be liable to pay a simple interest on the due amount at the rate of one per centum per month from the date following the date on which the period specified in the aforesaid notice expired and ..... entry is in pari materia with entry 50 of the provincial list in the seventh schedule to the government of india act, 1935.construing the said entry this court in the western india theatres v. ..... of the government of india act, 1935, it was ..... appearing for the petitioners have further submitted that the offending provisions were violative of the provisions of article 14 of the constitution of india, which required to be quashed by accepting the petitions filed on behalf of the petitioners. ..... 549, has observed as follows:-'in india, as in england the executive has to act subject to the control of the legislature, but in what way is this control exercised by ..... supra) upholding the provisions of the mysore cinematograph shows act, 1951 enacted under the constitution, which authorised levy of tax on cinematograph shows at rates prescribed in a rising scale according to the seating accommodation and the cities where the cinematograph shows was held, this court following the decision in western india theatres case (a.i.r. .....

Mannalal JaIn Vs. the State of Assam and ors.

Court : Supreme Court of India

Reported in : AIR1962SC386; [1962]3SCR936

..... since 1958, dealing in rice and paddy was controlled in that state by orders made by the state government from time to time under the essential commodities act, 1955 by virtue of powers delegated to it by the central government under section 5 of that act. ..... proceeding, therefore, on the footing that sub-clause (e) of clause 5 does not provide for the creation of a monopoly, can it be said that it is outside the powers conferred on the state government by section 3 of the essential commodities act, 1955 it is not disputed before us that sub-clauses (a) to (d) fall within the powers conferred by section 3. ..... the first ground of attack is that sub-clause (e) of clause 5 of the control order, 1961 is ultra vires, because it goes beyond the powers granted to the state government under section 3 read with section 5 of the essential commodities act, 1955. ..... the function of the apex society appears to be to coordinate the working of the subsidiary societies and to obtain moneys from the co-operative apex bank and there out make advances to the cultivators through the subsidiary societies, to help them in their cultivation. ..... the petitioner is a citizen of india and carries on business as dealer in rice and paddy in the state of assam. ..... the union of india decided by this court on april 10, 1961. ..... the union of india : [1960]2scr375 are, to my mind, very apposite in the present context : 'that middleman's profits increase the price of goods which the consumer has to pay is axiomatic. ' (p. .....

Sasa Musa Sugar Works Etc. Etc. Vs. State of Bihar and Others Etc.

Court : Supreme Court of India

Reported in : AIR1997SC188; JT1997(6)SC329; 1997(5)SCALE155; (1996)9SCC681; [1996]Supp3SCR149

..... this dichotomy follows the pattern of many economic enactments like the essential commodities act, 1955, where certain essential commodities are specified by section 3(a) and then the addition of other essential commodities is left to the central government by a notified order. ..... market committee to impose a fee and to collect the fee in respect of items which have been deleted, the same is bad inasmuch as it undoes the certainty with which citizens had acted upon issuance of notification under section 39 of the act deleting items from the schedule.section 4a(2) is also bad inasmuch as the legislature has provided an opportunity for hearing at the stage of deletion of the items from the schedule and not at the stage of addition of the items ..... - a municipality or other local authority or any person shall not be deemed to set up, establish or continue or allow to be set up, establish or continue a place as a place for the purchase, sale, storage or processing of agricultural produce within the meaning of this section, if the quantity is as may be prescribed and the seller is himself the producer of the agricultural produce offered for sale at such place or any person employed by such producer to transport the same and the buyer is a person ..... as a matter of fact, the state government stands as a guarantor for the grant of loan for 14 million dollars by the world bank to carry out the objects of the markets act. mr. ..... union of india and ors. ..... union of india : 1978crilj1281a .17. mr. .....

Rai Sahib Ramdayal Ghasiram Oil Mills Vs. the Labour Appellate Tribuna ...

Court : Supreme Court of India

Reported in : (1964)66BOMLR98; [1963(6)FLR266]; (1963)IILLJ65SC; 1963MhLJ491(SC); [1963]Supp2SCR845

..... 'in exercise of the powers conferred by sub-section (1) of section 7 of the industrial disputes act 1947 (xiv of 1947) and in supersession of the labour department notification no. ..... , however, made an order in favour of those workmen in the following terms : 'though the workers cannot claim statutory benefits they cannot be denied social justice which is the underlying principle of section 25(h) and the rights that they had obtained under the previous award of 1952. ..... one contention was that the tribunal as it stood constituted on june 2, 1955 had no jurisdiction to adjudicate upon the dispute and the other was that the provisions of ..... ' clearly therefore, the provisions of this section cannot apply to workmen who had been retrenched before this provision came ..... 7 of the industrial disputes act, as it stood on that date, on may 13, 1955 and referred the following dispute to him : 'whether the retrenched workmen referred to in the annexures a, b and c of the award of the industrial tribunal, in the industrial dispute between the workmen and employers of rai ..... dispute having been raised by the respondent-union because of the non-absorption of 11 workmen, the state government constituted an industrial tribunal consisting of mr. ..... having been dismissed the appellants preferred a writ petition before the high court of bombay which, as already stated, rejected it in limine. 7. ..... 25(h) of the industrial disputes act as amended by act 43 of 1953 were not available to the former workmen who had .....

S.C. Sree Manavikraman Raja, ZamorIn of Calicut Vs. the Controller of ...

Court : Chennai

Reported in : (1957)2MLJ226

..... (2) the central government, may by notifications in the official gazette, add the names of any other states to the first schedule in respect whereof resolutions have been passed by the legislatures of those states adopting this act under clause (1) of article 252 of the constitution in respect of estate duty on agricultural lands situate in those states, and on the issue of any such notification the states so added shall be deemed to be states specified in the first schedule within the meaning of sub-section (1).63. ..... in the first place the sthani holds no office which entails the performance of duties and which is the pre-requisite of such a corporation; secondly the concept of a corporation sole itself is foreign to the common law of india and lastly in our opinion the expression as used in section 7(4) is intended to signify those instances where by statute an office is invested with the incident of perpetual succession and is specifically designated as a corporation sole.53. ..... the petitioner thereupon filed this writ petition challenging the constitutional validity of the explanation to section 7(4) on the very same grounds as had been done by the petitioner in w.p.n0.59 of 1955 which we have already dealt with. ..... the learned advocate-general did not dispute this position, and in fact in the counter-affidavit filed on behalf of the respondent it was stated:as the death of the previous sthani occurred before 2nd april, 1955, no estate duty is leviable on the agricultural lands. .....

P. Umalakshmi. Vs. State Bank of India and ors.

Court : Chennai

..... the deceased v.ponnan was employed in the state bank of india and at the time of his death on 9.4.1998 he ..... (b) the said ponnan was employed in the state bank of india from 2.1.1978 and died on 9.4.1998 while ..... (vi) as per the state bank of india employees' pension fund rules, pension can be disbursed,(a) to the widow/widower upto her/his death or re-marriage, whichever is earlier;(b) failing (a) above, to the eldest surviving son in order of ..... the respondents have filed counter affidavit contending as follows: (i) one v.ponnan who was employed in the state bank of india died in harness on 9.4.1998 and on the basis of the legal heirship certificate issued by the tahsildar showing that the first petitioner was the ..... seeking compassionate appointment, the bank realised that the said v.ponnan had earlier contracted a marriage with one pitchiamma, which was dissolved by a decree of divorce only on 7.9.1992 in h.m.o.p.no.37 of 1992 passed by the sub court, karur and during subsistence of the said marriage, first petitioner married the said ponnan on 14.9.1990 and the same is in violation of sections 11 and 17 of the hindu marriage act, 1955. ..... s.m.subramaniam, learned counsel for the petitioner submitted that an agreement was reached on 25.02.1995 between the petitioner and the fifth respondent, before the panchayatdar stating that out of the terminal dues payable to late ravindran, such as family welfare fund, special pf, gratuity, encashment of earned leave, gpf, the fifth respondent .....

Swaraj Abhiyan Vs. Union of India

Court : Supreme Court of India

..... section 29 of the nfs act reads as follows:- setting up of vigilance committees (1) for ensuring transparency and proper functioning of the targeted public distribution system and accountability of the functionaries in such system, every state government shall set-up vigilance committees as specified in the public distribution system (control) order, 2001 made under the essential commodities act, 1955 (10 of 1955), as amended from time to time, at the state, district, block and fair price shop levels consisting of such persons, as may be prescribed by the ..... the secretary in the ministry of consumer affairs, food and public distribution of the government of india will ensure that the social audit machinery postulated by section 28 of the nfs act and which is already w.p. ..... the requirement of a social audit is undoubtedly salutary and since it has been accepted by the central government as well as by the comptroller and auditor general of india, we see no reason why it should not be put in place in so far as the nfs act is concerned, particularly since a social audit is mandated under section 28 of the nfs act.39. ..... the reason for the modifications is that the working group had prepared its report and developed the protocol for conducting a social audit in consultation with the comptroller and auditor general of india in the w.p. .....

Bhaiya Ram Hargo Lal Vs. Mahavir Prasad Murari Lal Mahajan

Court : Punjab and Haryana

Reported in : AIR1969P& H110

..... act (3 of 1949) in every case in which such a defence would have been valid and available under the general law of the state if the rent restriction act had not been enacted as the punjab act has not impliedly repealed or abrogated sections 106 and 111(h) of the transfer of property ..... in possession acting in a manner which according ..... section 106 of the transfer of property act ..... 1955 ..... section (3) of section 10 states that where the tenancy is for a specified period agreed upon between ..... section ..... section 10 according to which ..... act does ..... section 10 of the madras buildings (lease and rent control) act ..... section 4 sub-section (1) of section 5 then provides that:-'notwithstanding anything contained in any other law for the time being in force but subject to the provisions of section 28, a landlord wishing to eject a thika tenant on one or more of the grounds specified in section ..... section 10 which places certain restrictions ..... section 111 of the transfer of property act, and in whose favour no new contractual tenancy has thereafter been created: (iii) a fifteen day's notice under section 106 of the transfer of property ..... section 13 (3) (a) (i) of the east punjab urban rent restriction act (3 of 1949) (hereinafter referred to as the act ..... section 13 of the east punjab urban rent restriction act (3 of 1949) can be field without the prior issue of notice under section 106 of the transfer of property act, 1882; (ii) whether the objection regarding non-issue of a notice under section 106 of the transfer of property act .....

Mutha Parasmal JaIn and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1981Raj139

..... the generality of the words used in clause (c) so as to make them applicable only to the last stage, namely, the retail price.in law, there is no warrant for holding that under section 3(1 and section 3(2)(c)essential commodities act, 1955~^ of the act, the government must not only fix ex-factory prices but also wholesale and retail prices. ..... to observe that what has been said in the judgments of mysore and karnataka high courts tends to curtail generality of the powers of section 3(2)(c) of the act of 1955; for which the supreme court was very zealous to provide protection and safeguard ..... calcutta high court, which is relied upon by the petitioners, it will have to be noticed that in substance, principle laid down is that no control price can be fixed for single transaction under section 3(2)(c) of the essential commodities act, 1955 as has been done in the present case by clause (4) of the impugned order ..... issue a direction to a dealer to supply levy at a price higher than even the market price and obviously the same could not have been done in view of the express language of section 3 (c) and also the scheme of the act, the principal purpose being to control the price which at a particular point of time shows an increasing trend.37. thus the levy orders, sub-clause (b) of sub-clause (1) of clause ..... india; air 1964 sc 1179, ..... . instead, he will furnish bank guarantee within a month from to-day for compensating the government on account of the difference between levy price and .....