Judgment Search Results Home > Cases Phrase: sugar special excise duty act 1959 repealed Page 7 of about 28,823 results (0.244 seconds)

Mustt Hasina Banu Vs. State of Assam

Court : Guwahati

..... face of such positive conclusion reached by the learned trial court, there can be really no justification for ignoring the positive evidence on record and/or rejecting the same on the basis of a presumption, which the learned special judge appears to have raised to the effect that it was not conceivable that for an amount of rs. ..... in fact, in the impugned judgment, even the learned special judge has, i find, observed that there is no reason to reject the testimony of pw 2 that accused moyazzam hussain had kept the 72 quintets of wheat in the veranda of accused ..... at the conclusion of the trial learned, special judge, dhubri, found both the appellants guilty of the offence committed under section 7 of ..... the accused-appellants under section 7 of the essential commodities act hereinafter referred to as 'the e.g. ..... 1 had acted as a dealer within the meaning of ..... a single act of sale or storage for sale will not, points ..... act and they are acquitted accordingly under benefit ..... act for violating the provisions of clause 3 of the said order of 1982 and convicted them accordingly and passed sentence against them as ..... act were explained to the accused-appellants, but both of them, pleaded not guilty thereto and the ..... act for violation of clause 3 of the said order ..... act') for violation of the provisions of clause 3 of the assam trade articles (licensing and control) order, 1982 (hereinafter referred to as 'the said order of 1982') and sentencing each one of them to suffer simple imprisonment for a .....

Altaf Ismail Sheikh Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005CriLJ3584

..... apart from the fact that the mcoc act contains special provisions for prevention and control of criminal activity by organized crime syndicate or gang and for matters connected therewith or incidental thereto, section 23 thereof specifically opens with non obstante ..... the sections 17 to 22 of the mcoc act provide for special rules of evidence for the purposes of trial and punishment for offences as also certain presumption in certain situations, including the one that the property possessed by such person to have been acquired by ..... it is to be noted that mcoc act which has been brought on the statute book to make special provisions for prevention and control of and for coping with, criminal activity by organized crime syndicate or gang, and for matters connected therewith or ..... 11 of the mcoc act, it is sought to argue that the special court is empowered to transfer a case to regular court if it comes to conclusion that no offence is made out under the mcoc act. ..... special court is empowered to transfer the case to a court of competent jurisdiction if it comes to conclusion that it has no jurisdiction to try the offence, but that does not mean that the police authorities, on fanciful grounds can disgrace any disliked face under the cloud of his involvement in the offence of organized crime under the mcoc act ..... (2) no special court shall take cognizance of any offence under this act without the previous sanction of the police officer not below the rank of additional director general of .....

Hawabai Wd/O Late Suleman Haji Vs. Abdul Sattar Suleman Haji Ahmed Oom ...

Court : Mumbai

Reported in : 1995(2)BomCR551

..... but the contention on the other side is that the bombay act to the extent it is inconsistent with section 6 of the specific relief act must be deemed to have been repealed impliedly after the parliament passed the specific relief act in 1963.the bombay city civil court act, 1948 was enacted in order to provide a special forum for trying of suits of civil nature in the city ..... therefore, the said act can continue in force under article 372(1) of the constitution of india unless it is repealed or altered or amended by subsequent act.we find that the parliament has passed a law called 'the specific relief act, 1963' in which in section 6 a special forum, a special remedy and a special procedure for a person who is dispossessed from an immovable ..... hoe, the supreme court has held that the earlier state act of west bengal stood repealed by the amendment of the prevention of food adulteration act, 1954 made in 1976 to the extent the provisions in the two acts are repugnant to each other.in : 1956crilj315 , thaivalappil kunjuvaru vareed ..... the two provisions are inconsistent with each other and cannot stand together since the specific relief act is a central act passed by the parliament after the constitution of india came into force and the bombay city civil court act is a pre-constitution law, the earlier law will have to yield to the later general law for the reasons ..... , it was found that there was a conflict between the bihar sugar factories control act (1937) and the subsequent law viz. .....

Taradevi and anr. Vs. Sakku Bai and anr.

Court : Karnataka

Reported in : 2003(3)KarLJ281

..... the intention becomes clear and all the more obvious if we notice that the legislature after giving a truncated meaning to the term, 'tenant' than what was provided in the repealed act, has followed it up by introducing section 5 which deals with the right of the successors on the death of the tenant and section 5 clearly states who the successors are. ..... deceased tenant but was not dependent on him on the date of his death, or he or his spouse or any of his dependent son or daughter is owning or occupying a premises in the local area in relation to the premises let to which this act applies, such successor shall acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenant; and, on the expiry of that period, or on his death, whichever is earlier, the ..... the question then arises whether the statutory right of tenancy that accrued to the legal representatives of the deceased original tenant under the superseded enactment can be taken away as the repeal of a law is operative for future and it ought not to affect action already taken and the legal consequences of such action. ..... in order to examine this issue let me interpret section 3(n) which defines the term 'tenant' in the following terms: ' 'tenant' means any person by whom or on whose account or behalf the rent of any premises, is or but for a special contract would be, payable, and includes. .....

Guntupalli Rama Subbayya Vs. Guntupalli Rajamma

Court : Andhra Pradesh

Reported in : AIR1988AP226

..... effect of repeal : - where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything not in force existing al the time at which the repeal takes effect; or (b) (c) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (d) (c) affect any right, privilege, obligation or liability acquired or incurred under any enactment so repealed; or (e) affect any ..... the special bench consisting of five judges of the calcutta high court held that the amendment made by the letters patent, was made with no other view than to obviate unreasonable, or unreasonably prolonged litigation but in view of the decision of the privy council in colonial sugar refining company's case (1905 ac 369) (supra), felt bound to answer the question whether it is any necessary part of the intendment of the amended letters patent that they should ..... in the case before the supreme court the suit out of which the petition for special leave to appeal arose, was filed in april, 1949. ..... question before the supreme court was whether special leave petition under art. ..... maintainability of the letters patent appeal was referred to the special bench consisting of five judges. ..... the special bench repelled that contention in the following ..... the date of the judgment of the privy council in colonial sugar refining co. .....

Chandra Sekhar Pani and ors. Vs. State of Orissa

Court : Orissa

Reported in : 97(2004)CLT510; 2004CriLJ2626; 2004(I)OLR389

..... or order 'investigate' in respect of offences under section 5(1)(e) of corruption act and sections 161 and 165 of penal code, the inspector was not clothed with valid legal authority to take up the investigation and proceed with the same within the meaning of section 5a(1) of the ..... becomes absolutely necessary, because section 5a(1) expressly prohibits police officers, below certain ranks, from investigating into offences under sections 161, 165 and 165a, ipc and under section 5 of the corruption act without orders of magistrates specified therein or without authorisation of the state government in that behalf and from effecting arrests for those offences without a warrant.where the order directing an inspector was one ..... it perform its duties under the delhi special police establishment act. ..... repealed the opium act, 1878 but provided in sub-section (2) that the repeal would not affect anything done or any action taken or purported to have been done or taken under the repealed enactment in so far as the same is not inconsistent with the provisions of the ndps act and shall be deemed to have been done and taken under the corresponding provisions of the act ..... dated 23.3.1988 empowered all officers above the rank of sub-inspector of the excise department of the state to exercise the powers and perform the duties specified in the said sections. .....

Jose Da Costa and anr. Vs. Bascora Sadasiva Sinai Narcornim and ors.

Court : Supreme Court of India

Reported in : AIR1975SC1843; (1976)2SCC917

..... , declarations and rules made, places appointed, agreements filed, awards made or filed, scales prescribed, forms framed, appointments made and powers conferred under any law so repealed shall, so far as they are consistent with the said code or as the case may be, the said act have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under the said code or the ..... to sum up, since on and from 15-6-1966 the portuguese law relating to reclamacao stood repealed and no substantive right or obligation had been acquired or incurred under that repealed law within the meaning of the first proviso to section 4(1) of act 30 of 1965, the appellants cannot be debarred from canvassing in this appeal under article 136 the plea of prescription notwithstanding the fact that they did not file any reclamacao in the court of the judicial commissioner. ..... article 136 vests in this court plenary jurisdiction in the matter of entertaining and hearing appeals by granting special leave against any kind of judgment or order made by a court or tribunal in any case or matter and the power cannot be taken away expressly or impliedly by any ordinary legislation short of constitutional amendment. ..... subbiah choudhry : [1957]1scr488 and colonial sugar refining co. .....

Sita Ram Vs. the State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1975SC1432; 1975CriLJ1224; (1975)2SCC227; 1975(7)LC563(SC); 1975()WLN250

..... 1 to 4 were recovered from thepossession of accused sitaram and this fact gave rise to apresumption under section 4(1) of the prevention ofcorruption act that accused sitaram had received the said currency notes for showing favour or for any of the purposes mentioned in section 261 i.p.c.5. ..... (3) the gratification should be other than legal remuneration as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to the person.when the first two ingredients are proved by evidence then a rebuttable presumption arises in respect of the third ingradient ..... the appellant alongwith one vikram singh was convicted by the special judge, sikar under section 161 indian penal code and each of them was sentenced to undergo rigorious imprisonment for one year and pay a fine of rs ..... the learned special judge, as noted in the judgment of the high court, recorded the following findings :(1) that both the accused were public servants at the relevant time ..... the complainant had turned hostile in the court of the special judje. ..... co-operative societies, rajasthan, jaipur the two accused were put on trial before the special judge.3. ..... this is an appeal by special leave. ..... the only clauses incorporated in section 4(1) by act 40 of 1961 are clauses (a) and (b) of sub-section (1) of section 5 and not clause (d) ..... completing the investigation and on obtaining sanction under section 5 of the act from the registrar. .....

The Director of Industries and Commerce, Government of Andhra Pradesh, ...

Court : Supreme Court of India

Reported in : AIR1973SC827; 1973LabIC434; (1972)IILLJ486SC; (1973)1SCC99; [1973]2SCR562; 1973(5)LC390(SC)

..... the preamble reads : "an act to make in pursuance of clause (3) of article 16 of the constitution special provisions for requirement as to residence in regard to certain clauses of public employment in certain areas and to repeal existing laws prescribing any such requirement. ..... section 5, as originally enacted, provided: "section 3 and all rules made thereunder shall cease to have effect on the expiration of five years from the commencement of this act, but such cesser shall not effect the validity of any appointment previously made in pursuance of the said rules. ..... 3 of the said act form, one scheme; in other words, it was not the intention of parliament to simply repeal the existing laws in telengana dealing with residential requirements for the purposes of appointment, the intention being to substitute other rules in place of the earlier rules. ..... in other words, the date of commencement of the act was fixed as march 21, 1959, and the rules also came into force on the same date. ..... " in pursuance of this act certain rules, called the andhra pradesh public employment (requirement as to residence) rules, 1959 were made. .....

Salar Jung Sugar Mills Ltd. Etc. Vs. State of Mysore and ors.

Court : Supreme Court of India

Reported in : AIR1972SC87; (1972)1SCC23; [1972]2SCR228; [1972]29STC246(SC)

..... goods produced by him by manufacture or otherwise.it was contended that the factory was a manufacturer of sugar and paid excise duty on sugar to the central government and sugar was item 34 of the second schedule and therefore no tax was payable by a dealer who is a manufacturer of sugar. ..... reserve area where sugarcane is grown for the factory having regard to the crushing capacity of the factory, the availability of sugarcane in the reserved area and the need for production of sugar and also determine the quantity of sugarcane required by the factory for crushing during any year and fix the quantity to be supplied by a grower to the factory. ..... amended further provided that every sugarcane grower or factory to whom the order applied would be bound to supply or purchase the quantity of sugar covered by the agreement entered into and wilful failure on the part of anyone would constitute a breach of the provisions of the said ..... the balancing charge to the commissioners for the special purposes of the income-tax act who determined the question in favour of the crown ..... powers conferred by clause 6 of the sugarcane (control) order, 1966 the mysore sugarcane (regulation of distribution) (munirabad) order, 1966' was made by the government of mysore repealing the mysore sugarcane (regulation of supply) (munirabad) order, 1965. ..... wheat procurement (levy) order, 1959 was made for maintaining and securing equitable distribution and availability of ..... : [1959]1scr379 in dealing with the assessment of .....