Court : Karnataka
..... are ultra vires the ftp20152020 and section 5 of foreign trade (development regulation) act, 1992; in this context, it is relevant to state that the power to formulate and amend ftp is with the central government and neither dgft could amend the ftp through policy circulars nor such power to amend could be delegated by the central government to dgft as held in the following ..... insofar as the judgment of the apex court in chowgule & company s case (supra) is concerned, no ratio, much less any finding with regard to the power of the dgft to amend the ftp or the issue in relation to para 1.02, 1.03 and 2.04 of the ftp was returned or laid down by the apex court and consequently, mere reference to the dgft in the ..... refer to the return filed by the petitioner under section 70 of the finance act, 1994 read with rule 7 of the service tax rules, 1994 i.e form st-3 (revised) wherein the petitioner has applied for - ..... do not have jurisdiction to demand duty / value of scrips till such scrips are cancelled by ..... whether by way of the two impugned policy circulars any new conditions or restrictions can be added or read into the ftp or whether respondent nos. ..... india, 2011 scc online ..... ) dated 06.07.2011 enclosed as annexure c issued by second respondent as ultra vires the provisions of the customs act, 1962; d) issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction to quash the show cause notice vide scn no.05/2021 dated .23.02.2021 issued by the .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... added to, or taken from it or it is in some way changed or altered in order to make it more complete or perfect or effective; however, where the replacement of amendment theory prevails, the original act is blotted out and is superseded by the amendatory act, leaving it alone in effect; technically, an amended statute is not a new and independent statute since a part of the original act remains; the question whether a statute which is unconstitutional in its entirety can be amended ..... entry was filed and goods were cleared by the respondent as 8 (2016) 16 scc692240 aforesaid), the tariff value in respect of rbd palmolein had been raised to usd372per metric tonne and therefore, the respondent was liable to pay the ..... tamil nadu [(1993) 3 scc595 , it is held that even unaided institutions are not immune from the operations of general laws of the land such as contract law, tax ..... as as per the provisions and in accordance with the amendment to rule 11 of the karnataka selection of candidates for admission to government seats in professional educational institutions rules, 2006, vide government notification-1, no.hfw.79.rgu.2011, dated 17-07- 2012, all candidates who got admitted ..... impugned act & the legislative entries: (i) it has been a settled principle of constitutional jurisprudence that the entries in the three lists in the seventh schedule need to be given the widest interpretation possible; hm seervai, in his constitutional law of india, fourth edition, vol- i, para 2.12 .....
Tag this Judgment!Court : Karnataka
..... , the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. ..... in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. ..... the constitution of india praying to a) directing the r1 to6not to interfere in the lawful activities carried on by the petitioner in the premises of the petitioner; b) direct the respondents not to insist for obtaining license under the karnataka police act or any other act to serve hookah and etc. ..... twin spoon llp registered llp under llp act running a hotel under the name dr. ..... brew cascade llp registered llp under llp act running a hotel under the name dr. ..... , company incorporated under companies act running the hotel under the name dr. ..... , company incorporated under companies act running a hotel under the name macaw by stories situated at ward no.191 terrace floor, no.2224, 2225 aecs layout, singasandra10hosur main road bengaluru 560 068 represented by its managing director mr. ..... , company incorporated under companies act, running a hotel under the name dr. .....
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