Court : Karnataka
..... petitioners being run under the name and style. 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. nandana palace, bengaluru 560 084. ... petitioner (by ..... taking recourse to two enactments viz., 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. the moment ban is clamped upon ..... this writ petition is filed under articles226and227of 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 .....
Tag this Judgment!Court : Karnataka
..... petitioners being run under the name and style. 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. nandana palace, bengaluru 560 084. ... petitioner (by ..... taking recourse to two enactments viz., 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. the moment ban is clamped upon ..... this writ petition is filed under articles226and227of 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 .....
Tag this Judgment!Court : Karnataka
..... petitioners being run under the name and style. 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. nandana palace, bengaluru 560 084. ... petitioner (by ..... taking recourse to two enactments viz., 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. the moment ban is clamped upon ..... this writ petition is filed under articles226and227of 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 .....
Tag this Judgment!Court : Karnataka
..... petitioners being run under the name and style. 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. nandana palace, bengaluru 560 084. ... petitioner (by ..... taking recourse to two enactments viz., 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. the moment ban is clamped upon ..... this writ petition is filed under articles226and227of 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 .....
Tag this Judgment!Court : Supreme Court of India
..... definition of motor vehicle under the act as then existing, the effect of this legislative method would, in our view, ..... been anything but to incorporate only the definition in the motor vehicles act as then existing, namely, in 1943, as if that definition was bodily written into section 2(c) of the taxation act. if the subsequent orissa motor vehicles taxation (amendment) act, 1943, incorporating the definition of motor 26 vehicle referred to the ..... taxation act. any subsequent amendment in the act or a total repeal of the act under a fresh legislation on that topic would not affect the definition of motor vehicle in section 2(c) of the taxation act. this is a well-accepted interpretation both in this country as well as in england which has to a large extent influenced our law .....
Tag this Judgment!Court : Supreme Court of India
..... therefore, the property is vested in the custodian of enemy property for india under the act as amended by the amendment act, 2017 and is an undisputed enemy property; b) that the property belonging to the union government is exempted from state taxation under article 285(1) of the constitution of india. however, there is no such ..... -a. persons not to be deprived of property save by authority of law.- no person shall be deprived of his property save by authority of law.12. the uttar pradesh municipalities act, 1916 (hereinafter referred to as act of 1916 ) consolidates and amends the law relating to municipalities in the erstwhile united provinces and presently state of uttar ..... the encumbrancer of it is he, in whom, is vested, not the right itself, but some adverse, dominant and limiting right in respect of it. in law, there are no separate names for every distinct kind of encumbrancer. however, an encumbrance is opposite to ownership; every encumbrancer is nevertheless himself the owner of .....
Tag this Judgment!Court : Supreme Court of India
..... reasons of the amending act stipulated that tax exemption would increase disposable funds from legitimate sources . however, to secure the benefit of ..... that a company may also contribute through any instrument issued pursuant to any scheme notified under any law for the time being in force for contribution to political parties. 9 part a ii. curbing black money 11. the taxation laws (amendment) act 1978 included section 13a to the it act exempting the income of political parties through financial contributions and investments from income tax. the objects and .....
Tag this Judgment!Court : Supreme Court of India
..... 53 of the said decision, this court held thus: 53. the following principles to the extent relevant may be summed up:53. 1. the constitution (forty sixth amendment) act intends to rope in various economic activities by enlarging the scope of tax on sale or purchase of goods so that it may include within its scope, the transfer, delivery ..... of commercial taxes & ors.1011. therefore, he relied upon the decision of this court in the case of gannon dunkerley & co2. he pointed out why the law commission suggested an amendment to the constitution of india by incorporating clause 29a under article 366. he submitted that under clause 29a of article 366, it is provided that the transfer, delivery, ..... found in this court's decision in the case of rashtriya ispat nigam limited6. he urged that it is not lawful to split the transfer of right to use goods into sale and service for the purposes of taxation. he relied upon a decision of this court in the case of bsnl5. his 11 (2000) 6 scc12civil appeal .....
Tag this Judgment!Court : Supreme Court of India
..... court in amit m. pathakji, sr. manager (mech.) & anr v. bhavnaben amitkumar pathakji11 in the year 2007, which notably is after the code of civil procedure (amendment) act, 2002. this fact acquires significance as the division bench in the impugned judgment differentiates the judgment in t.m mohana (supra) with the present-day code as the ..... the high court under which it has adopted a distinction between a party and a witness. (vi) such a distinction also falls foul of substantive law i.e., indian evidence act, 1872 which makes no distinction between a party taking on the role of a witness and a witness simpliciter. reference is made to sections 120, ..... seek to produce such documents directly during the cross-examination of the plaintiff which it had to otherwise rely upon in a list of documents as required by law. the learned trial court therefore committed a jurisdictional error and therefore the impugned order calls for an interference. (emphasis supplied) 5.2 finding there to be .....
Tag this Judgment!Court : Supreme Court of India
..... august 2019, the president issued c.o. 272 under article 370(1)(d) applying the entire constitution of india to the state, but 111 the constitution (seventh amendment) act, 1956. 112 black s law dictionary, (vi edition, 1990). page 94 of 121 modified article 367 by adding article 367(4). article 367(4), after c.o. 272, reads as follows ..... the states acceding competence to the dominion of india over all matters specified in the federal and concurrent legislative lists of the draft constitution, except those relating to taxation.214 the raj pramukh of saurashtra executed a revised ioa on 22 may 1948. the preamble to the ioa stated that a fresh ioa was being executed, ..... in august 1947 accepting as matters with respect to which the dominion legislature may make laws for the united state all matters mentioned in list i and list iii of the seventh schedule to the government of india act 1935, except matters relating to taxation. clause 3 of the ioa read as follows: i accept all matters enumerated .....
Tag this Judgment!