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Seshasayee Paper and Board Ltd. Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : 1988(15)ECC35; 1987(32)ELT503(Mad)

..... is inclusive of the weight of the wrapper paper, or in other words, the weight of ream-reel is the combined weight of the packed paper as well as the wrapper paper, and this convention has been accepted by the directorate general of supplies and disposals, government of india, for supplies under the rate contract also and the chargeable weight of the paper is always inclusive of the weight ..... to when the manufacture of an article could be said to have been completed has vexed and even today is vexing courts and in the case of packing, views were expressed by high courts with reference to section 4(4)(d)(i) that the cost of packing referred to in that provision is includible in the assessable value of the main excisable article, which is packed in the packing material, only if the packing is a process ..... extracts made above, settled the principles by holding that the definition of manufacture, as given in section 2(f) of the act is of no avail, in the case of packing, because it has been separately dealt with under section 4(4)(d)(i) in relation to the value of main excisable ..... the trade to exclude the cost of packing from the value of the packed main excisable article on the ground that packing is neither an act of manufacture nor incidental nor ancillary to the process of manufacture of the packed main excisable article, section 4(4)(d)(i) provided for inclusion of the cost of packing for the determination of the value of the packed excisable article for levy of .....

Seshasayee Paper and Boards Ltd. Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : 1988(14)LC230(Madras)

..... inclusive of the weight of the wrapper paper, or in other words, the weight of ream/reel is the combined weight of the packed paper as well as the wrapper paper, and this convention has been accepted by the directorate general of supplies and disposals, government of india, for supplies under the rate contract also and the chargeable weight of the paper is always inclusive of the ..... as to when the manufacture of an article could be said to have been completed has vexed and even today is vexing courts and in the case of packing, views were expressed by high courts with reference to section 4(4) (d) (i) that the cost of packing referred to in that provision is includible in the assessable value of the main excisable article, which is packed in the packing material, only if the packing is a ..... as per the extracts made above, settled the principles by holding that the definition of manufacture, as given in section 2(f) of the act is of no avail, in the case of packing, because it has been separately dealt with under section 4(4) (d) (i) in relation to the value of main excisable articles ..... of the trade to exclude the cost of packing from the value of the packed main excisable article, on the ground that packing is neither an act of manufacture nor incidental nor ancillary to the process of manufacture of the packed main excisable article, section 4 (4) (d) (i) provided for inclusion of the cost of packing for the determination of the value of the packed excisable article for levy .....

The Association of Independent Schools, Bihar and ors. Vs. State of Bi ...

Court : Patna

..... submission that no law authorised the state government to walk into the school or take over the premises of the schools, colleges and the university for accommodating the delegates of the convention, learned additional advocate general fairly acknowledged that there is no law under which directions and orders were issued for taking over the premises and grounds of educational institutions between 29 sept. ..... the communication addressed to educational institutions require, declare and give directions in effect : (a) take notice of the fact that there would be a convention at gandhi maidan and that approximately 2,00,000 delegates would be arriving in the city and for the purposes of accommodating them the institutions under notice have been required to close ..... went into this had been sent directly to the panchayats, instead of diverting them at patna for this misplaced convention, and for the middlemen and contractors who will benefit from it, democracy would have been better, served. 29. ..... the contention of the petitioners is that whatever be the intention of the state government in calling the convention, if any part of it affects their privacy, freedom and liberty, they are entitled to come to the high ..... coupled with this, oppressive act of holding a convention by requisitioning other people's property, resources and materials, was displayed another power that went hand-in-hand with it and could be ..... welfare of the weaker sections, and in particular, of the scheduled castes and .....

G.J.R. Sunand Vs. Convention of Baptist Churches of Northern Circars ( ...

Court : Andhra Pradesh

Reported in : 2003(2)ALT261

..... it is open to the petitioner, if he claims to be the current elected secretary and therefore entitled to be considered as correspondent under section 24 of the act to make an appropriate representation to the state for his being substituted and recognised as correspondent in lieu of the 10th respondent. ..... there is no dispute before us that the convener of the education committee appoints the correspondents in respect of each of the institution under the management of the convention and accordingly intimates the same to the competent authority as is required under section 24 of the act. ..... till another person is recognized as a correspondent by the competent authority in terms of section 24 of the act, the 10th respondent continues to be the correspondent and no mandamus can be issued as sought by the petitioner. ..... education act, 1982 (for short 'the act') recognising him as the convener of the education committee of convention. ..... a plain reading of subsection (2) of section 24 of the act makes it clear that it is the management that is required to nominate a person to manage the affairs of the institution and intimate such nomination to the competent authority. ..... subsection (2) of section 24 of the act mandates that the management shall, for the purposes of the act, nominate a person to manage the affairs of the institution, whether called by the name of secretary, correspondent or by any other name, and intimate such nomination within thirty days thereof to the competent authority. .....

Anglo-dutch, Colour and Varnish Works Private Limited Vs. India Tradin ...

Court : Delhi

Reported in : AIR1977Delhi41; ILR1976Delhi116

..... the definition of the 'mark' as contained in clause (j) of section 2 of the trade and merchandise marks act, 1958 is not exhaustive and the definition is such that there is practically no limit to the combination of various types of marks. ..... in all other respects, the container of the defendant is a substantial reproduction of the plaintiff's copyright and thus under section 55 of the act, the plaintiff is entitled prima facie to the relief of permanent injunction for the infringement of his copyright. ..... sub-section (1) of section 14 gives the meaning of the copyright and under sub-section (2) any reference in sub-section (1) to the doing of any act in relation to a work includes a reference to the doing of that act in relation to a substantial part thereof. ..... that definition, as was pointed out in contrast to other definitions in the act, starts with the word 'includes' showing that the definition is purposely not limited to the precise words which follow. ..... 91 may be seen : 'theupshot of all these cases is to my mind to establish that a scheme of coloring applied to goods may be a mark within the definition in section 68. ..... reading section 2(c)(iii), 2(m)(i) and sub-sections (1), and (2) of section 14 read with section 51 of the copyright act. ..... (6) the plaintiff has placed on record his own container as well as the container of the defendant and has also placed on record a photostat copy of the copyright certificate dated september 18, 1975. .....

Cine Exhibition Association Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003(6)BomCR626; 2004(2)MhLj252

..... keeping in view the abovesaid meanings, the building which is being intended to be constructed on the site in question since is being identified as a multiplex/convention hall, but in which definite intention is to exhibit the picture/pictures then in that case whether that area of the building in which the picture will be exhibited which in the instant matter are three in the proposed building, which could be ..... petition is maintainable at its instance?b) whether this petition can be treated as a public interest litigation?c) whether respondents have contravened any of the provisions of the act, the rules and the regulations in that respect while granting permission for construction of multiplex/commercial complex/convention hall?d) was it necessary for the respondents to have obtained permission from the competent authority before actually starting construction of the building which contains three cinema ..... in this context the challenge is that the very decision of the government for reservation of the site for commercial complex cum convention hall and further the decision of the government to reserve the site for such purposes since was not challenged at initial stage itself, it was not open for the petitioner to challenge the same ..... dealing with the abovesaid three points, it is necessary for us first to refer to the definition of the word 'cinema' as is given in maharashtra cinemas (regulation) rules, 1966, framed under section 9 of the bombay cinemas (regulation) act, 1953. .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... the provisions contained in the admiralty courts act of 1840 and 1861, section 22 of the supreme court of judicature act, 1925, the 1952 brussels arrest convention as also the administration of justice act, 1956 disclose one uniform feature that in order that a monetary claim qualifies for and is recognized as a maritime claim the same must be necessary for operation of the ..... the court opined:'there is no definition in the act of the expression 'beneficially owned' as used in section 3(4). ..... insurance regime has come into being and keeping in view the changed situation the definition of the expression 'necessaries' should also undergo a change. ..... the act applies to non-tank vessels over 400 gt which by definition covers self-propelled vessels including commercial fishing vessels, passenger and ..... 3 a&e; 516, it is stated:'the definition of the term 'necessaries' given by lord tenterden in ..... : (i) 'necessaries' are the things which a prudent owner would provide to enable a ship to perform the functions wherefor she has been engaged and, thus, the provision of services would come within the definition of necessaries. ..... expression 'necessaries supplied to any ship' although has not statutorily been defined; over a long period of time, the same had attained a definite connotation, i.e. ..... or services supplied to a specifically identified ship in order to successfully prosecute the voyage in question, and, thus, applying the said test unpaid insurance premium does not answer the said definition. .....

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... the nationals of third states, in the absence of any express or implied provision to the contrary, from claiming the rights, or becoming subject to the obligations, created by a treaty; for instance, if an anglo-american convention provided that professors on the staff of the universities of each country were exempt from taxation in respect of fees earned for lecturing in the other country, and any necessary changes in the tax laws were made ..... on the scope of the doctrine of stare decisis with reference to halsburys law of england and corpus juris secundum, pointing out that a decision which has been followed for a long period of time, and has been acted upon by persons in the formation of contracts or in the disposition of their property, or in the general conduct of affairs, or in legal procedure or in other ways, will generally be followed by courts of higher authority ..... the central board of direct taxes, held that the procedure of assessing the income of a nri because of his occasional activities in establishing business in india would not be applicable in a case where there is a convention between the government of india and the foreign country as provided under section 90 of the income tax act, 1961. ..... the court recognized that 'we cannot expect to find the same nicety or strict definition as in modern documents, such as deeds, or acts of parliament; it has never been the habit of those engaged in diplomacy to use legal accuracy but rather ..... limited : [1975]100itr706(sc) .....

Collector of Customs and Central Excise Vs. Calicut Refrigeration Comp ...

Court : Kerala

Reported in : 1986(10)ECC383; 1986LC547(Kerala); 1987(32)ELT367(Ker)

..... we are of the view that tariff entry 29a of the central excises and salt act, 1944 is attracted only when refrigerators and other refrigerating appliances are ordinarily sold or offered for sale as ready assembled units. ..... these words will not definitely refer to a unit of the type 'ice cream combination cooler' assembled at the premises of the appellant according to the requirements of the appellant. ..... 'the indian coffee house' at calicut attracts excise duty under tariff item 29a of the central excises and salt act, is the question that arises for consideration in this writ appeal.2. ..... tariff item 29a of the central excises and salt act, reads thus :-------------------------------------------------------------------------item no. ..... ), the bombay high court was considering whether a walk-in-cooler manufactured and erected and installed at the site of the customers were not ordinarily sole or offered for sale attracting entry 29a of the central act. ..... the department assessed this unit applying tariff item 29a of the central act,4. .....

Aban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : 2008(128)ECC213; 2008(154)LC213(SC); 2008(227)ELT24(SC); JT2008(5)SC256; 2008(6)SCALE128; (2008)11SCC439

..... . the text of the notification is as under:gsr 30(e)-in exercise of powers conferred by clause (a) of sub-section (6) of section 6 and clause (a) of sub-section (7) of section 7 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 (80 of 1976), the central government hereby extends the customs act, 1962 (52 of 1962) and the customs tariff act, 1975 (51 of 1975) to the designated areas in the continental shelf and the exclusive economic zone of india as declared by the notification of the government of india in ..... and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in the relevant provisions of this convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for in ..... defines 'india' as under:'india' includes the territorial waters of india.this definition under the customs act is relevant for the purposes of the customs act only.relevant provisions of customs act, 1962(iv) section 2(21) assigns the following meaning to the 'foreign going vessel or aircraft': -foreign-going vessel or aircraft' means any vessel or aircraft for the time being engaged in the carriage of goods or passengers between any port or .....