Skip to content


Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: supreme court of india Year: 2011 Page 7 of about 182 results (0.164 seconds)

Feb 08 2011 (SC)

Rbf Rig Corporation Vs. the Commissioner of Customs

Court : Supreme Court of India

Decided on : Feb-08-2011

..... or regulation and the assessment order has attained finality, then the assessee is entitled to claim refund in accordance with section 11b of central excise act, 1944 read with rule 11 of the central excise rules, 1944 on account of subsequent discovery of such mistake of law by any judgment of ..... order. in other words, if the claim for refund is permissible only after filing of an appeal by the party, then section 27 of the act will become redundant as the appeal proceedings would never be over within abovementioned period. in this regard, learned senior counsel further argues at great length ..... questions of law arising in this appeal. he further submits that the appellant is entitled to claim refund by virtue of section 27 of the act, even after the assessment order of imported goods has attained the finality. he contends that the claim of refund under section 27 after final assessment ..... their submissions while dealing with the issue canvassed before us.10) this court in flock (supra) has held that a refund claim under the central excise act, 1944 is not maintainable, if an assessment order, which is appealable, has not been challenged. in other words, it was held that such assessment ..... dated 12.05.2006, dismissed the appeal. aggrieved by these orders, the appellant is before us in this appeal filed under section 130-e of the act.9) shri harish n. salve, learned senior counsel and shri amar dave, learned counsel, appear for the appellant and the revenue is represented by shri .....

Tag this Judgment!

Feb 21 2011 (SC)

State of Haryana and ors. Vs. M/S. Mahabir Vegetable Oils Pvt. Ltd.

Court : Supreme Court of India

Decided on : Feb-21-2011

..... be given, thus, only after coming into force of sub-section (2-a) of section 64 of the act and not prior thereto.44. by reason of note 2, certain rights were conferred. although there lies a distinction between vested rights and accrued rights ..... fundamental rule of law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the act, or arises by necessary and distinct implication. (see west v. gwynne14.)43. a retrospective effect to an amendment by way of a delegated legislation could ..... any cavil that a subordinate legislation can be given a retrospective effect and retroactive operation, if any power in this behalf is contained in the main act. the rule-making power is a species of delegated legislation. a delegatee therefore can make rules only within the four corners thereof.42. it is ..... affect the interest of any person to whom such rules may be applicable."4. clause (ff) of sub-section (2) of section 64 of the act provides for the class of industries, period of exemption and conditions of such exemption, under section 13-b; whereas clause (oo) thereof provides for class ..... list.3. the basic facts which are not in dispute, are as follows:- the state enacted the haryana general sales tax act, 1973 (for short "the act"). section 64 of the act provides for rule-making power. the said provision was amended by inserting sub-section (2-a) therein which reads as under:"64 .....

Tag this Judgment!

May 09 2011 (SC)

Noida Entrepreneurs Association. Vs. Noida and ors.

Court : Supreme Court of India

Decided on : May-09-2011

..... power stood conferred. in this context, "in good faith" means "for legitimate reasons". it must be exercised bona fide for the purpose and for none other. (vide: commissioner of police, bombay v. gordhandas bhanji, air 1952 sc 16; sirsi municipality v. ceceila kom francis tellis, air 1973 sc 855; the state of punjab & anr. v. gurdial singh & ors ..... . functioning of a "democratic form of government demands equality and absence of arbitrariness and discrimination". the rule of law prohibits arbitrary action and commands the authority concerned to act in accordance with law. every action of the state or its instrumentalities should neither be suggestive of discrimination, nor even apparently give an impression of bias, favouritism and nepotism ..... members of the petitioner-association and a large number of officials who had acted as chief executive officers (hereinafter referred to as `ceo') of the authority had been impleaded therein as respondents. however, considering the fact that relief for personal benefits ..... manipulation, nepotism and corruption. wild and serious allegations of a very high magnitude had been leveled against some of the officials carrying out the responsibilities of implementing the act and other statutory provisions.2. the instant writ petition was originally filed seeking a large number of reliefs including the allotment of industrial and residential plots to the .....

Tag this Judgment!

Jul 05 2011 (SC)

itc Ltd. Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Decided on : Jul-05-2011

..... , specialized markets, town level shops, show-rooms and commercial offices and such allied commercial activities; (iv) public use by allocating the area of land for government offices, hospitals, telephone exchanges, police lines etc; (v) organized recreational open spaces by allocating area of land for parks, stadium etc.; (vi) agricultural use by allocating the area of land for farming, horticulture, sericulture; ( ..... contract is not voidable because it was caused by a mistake as to any law in force in india. therefore, having regard to the provisions of transfer of property act and contract act, a transfer can not be cancelled on the ground that parties were mistaken about the consideration. 63. the position is however different in public law. breach of statutory ..... challenged is the right to cancel a concluded lease itself, on the ground that allotment was not valid. 21. a lease governed exclusively by the provisions of transfer of property act, 1882 (`tp act' for short) could be cancelled only by filing a civil suit for its cancellation or for a declaration that it is illegal, null and void and for the consequential ..... star, 4 star and 3 star hotels in noida, district gautam budh nagar, uttar pradesh. the said authority was constituted under the provisions of the u.p.industrial area development act, 1976 (`act' for short) for development of an industrial and urban township of noida in uttar pradesh, neighbouring delhi. 2. tourism was granted the status of an industry by the state .....

Tag this Judgment!

Aug 09 2011 (SC)

Pratap Chandra Mehta Vs. State Bar Council of M.P. and ors

Court : Supreme Court of India

Decided on : Aug-09-2011

..... in performance of all its functions and standards of professional conduct which need to be adhered to. in other words, the interpretation furthering the object and purposes of the act has to be preferred in comparison to an interpretation which would frustrate the same and endanger the democratic principles guiding the governance and conduct of the state bar councils. ..... greater emphasis is to be attached to the statutory provisions and to the other purposes stated by the legislature under the provisions of chapter ii of the advocates act. this is an act which has been enacted with the object of preparing a common roll of advocates, integrating the profession into one single class of legal practitioners, providing uniformity in ..... validity or otherwise of a no-confidence motion for removal of a president, would have to be examined on applicability of statutory provision and not on political philosophy. the municipality act provides in detail the provisions for election of president, his qualification, resignation, removal etc. constitutional validity of these provisions was not challenged, and rightly, as they do not ..... any guidelines for removal of office-bearers of the state bar councils? (2) whether despite the absence of the enabling provisions in the principal statute, namely, the advocates act, empowering subordinate state bar councils to enact provisions for removal of the office bearers of the state bar councils by `no confidence motions', such power could be read into .....

Tag this Judgment!

Aug 10 2011 (SC)

Ms. Royal Enfield (Unit of Ms. Eicher Ltd.) Vs Commissioner of Central ...

Court : Supreme Court of India

Decided on : Aug-10-2011

..... , previously known as m/s. eicher limited - unit royal enfield motors, are manufacturing motorcycles falling under chapter 87 of the central excise tariff act, 1985. the issue relates to non-inclusion of the value of packing charges by the assessee-company in the assessable value for motorcycles despite the ..... counsel appearing for the parties. 8. during the course of hearing our attention was drawn to section 4 of the central excise act, 1944 [for short the act ], the relevant portion of which is extracted below for better understanding and ready reference: - section 4. valuation of excisable goods ..... for purposes of charging of duty of excise - (1) where under this act, the duty of excise is chargeable on any excisable goods with reference to value, such value, shall, subject to the other provisions of this section, ..... on to the motorcycles during transportation, and therefore, the cost of the aforesaid packing was not includable as per section 4 of the central excise act to the value of the motorcycles. in support of the aforesaid contentions he relied and referred to various judgments of this court, viz., union ..... the parties we would proceed to discuss and answer the issue raised before us. 11. the provisions extracted hereinbefore from the central excise act would indicate that there is express provision in section 4 for including the cost of packing in the determination of value for the purpose .....

Tag this Judgment!

Sep 26 2011 (SC)

Lalit Kumar Modi. Vs. Ch. V. Board of Control for Cricket in India, an ...

Court : Supreme Court of India

Decided on : Sep-26-2011

..... and held that the test of `real danger' of bias is the valid test and not the one of reasonable apprehension. in m.p. special police establishment v. state of m.p. reported in [2004 (8) scc 788], the constitution bench was concerned with the question of bias in the ..... 31. as far as the disciplinary actions by societies and associations are concerned, many of the societies under the tamil nadu societies registration act and similar state acts, are smaller societies. it is another matter that the first respondent society is a large body having large resources. if the members or ..... and submit themselves to the jurisdiction of the domestic tribunal, though some of the members of the tribunal may even appear to him to be acting like prosecutors. a member cannot place himself above the institution. he is bound by the rules, and cannot complain unless the inquiry disclosed malafides ..... a committee consisting of three persons of whom the president shall be one of them to inquire into and deal with the matter relating to any act of indiscipline or misconduct or violation of any of the rules and regulations by any player, umpire, team, official, administrator, selector or any ..... india (hereinafter referred to either as `first respondent' or the `bcci'). 2. the first respondent is a society registered under the tamil nadu societies registration act, 1975. the petitioner, herein, is a member of the first respondent representing one of its constituent associations. as a part of its activities, the .....

Tag this Judgment!

Sep 12 2011 (SC)

Union of India and ors. Vs. Bodupalli Gopalaswami.

Court : Supreme Court of India

Decided on : Sep-12-2011

..... high court in brig. a. k. malhotra. in the said decision, the delhi high court held that under section 71 of the army act, 1950 (`act' for short), forfeiture of pension was provided as a measure of punishment for offences tried by the court martial and if the court martial ..... with property and another dealing with discipline) to provide for and cover offences which are not specifically provided in sections 34 to 64 of the act. the offences under these residuary provisions may fall under a wide spectrum, ranging from the mildest technical violations to the severest offences relating to ..... respondent. if the first respondent is able to demonstrate in his appeal that either the proceedings of the gcm violated the provisions of the act/rules/the procedure prescribed, or that the findings of guilt were perverse and unsustainable, or that the punishment was shockingly disproportionate to the ..... the president of india may direct either forfeiture of the entire pension or only a percentage of the pension. further section 71 of the act does not provide for forfeiture of pension as one of the punishments awardable by court martial. imposition of punishments of cashiering and dismissal from ..... consequently no animals were held in reserve in the said butchery during that period. fifth charge an omission prejudicial to good order and military army act discipline, section 63 in that he, at ambala cantonment, between 15th january 1990 and march 1990, while officer commanding 27 company supply (asc) .....

Tag this Judgment!

Aug 26 2011 (SC)

Justice P.D. Dinakaran Vs. Judges Inquiry Committee and anr.

Court : Supreme Court of India

Decided on : Aug-26-2011

..... the majority had specifically disagreed with k. ramaswamy, j. 11. shri p.p. malhotra, learned additional solicitor general referred to the preamble and section 3 of the act and argued that the committee can certainly make a preliminary inquiry and even record statements of persons in connection with the allegations for the purpose of prima facie satisfying itself ..... contained in the notice of motion and if after making preliminary inquiry, the committee feels satisfied that the particular allegation cannot be termed as an act of misbehaviour, then it has the discretion to not frame charge with reference to such allegation. learned senior counsel emphasised that in this case, the committee has framed ..... it has nothing to do with the preliminary inquiry, which can be made by the committee for satisfying itself whether the particular allegation made against the judge constitutes an act of misbehaviour and warrants framing of charge. learned senior counsel further submitted that the committee is not obliged to frame charges with reference to each and every allegation ..... arbitrary and illegal appointments and transfers. the explanatory note appended to the notice of motion contained detailed facts which, in the opinion of the signatories of the motion, supported the acts of misbehaviour alleged against the petitioner. 3. after the motion was admitted, the chairman constituted a committee comprising mr. justice v.s. sirpurkar, judge, supreme court of india, .....

Tag this Judgment!

Nov 04 2011 (SC)

Prithipal Singh Etc. Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Nov-04-2011

Reported in : 2011(4)KLT129(SN); 2012(1)SCC10; 2012(1)SCC(Cr)1; AIR2012SCW594; AIR2012SC1594

..... .p.c. revealed that he had been detained in a case under the narcotic drugs and psychotropic substances act, 1985 (hereinafter called `ndps act') on 4.9.1995 by the police officials of police station jhabal. shri jaswant singh khalra was also brought to the said police station on 6.9.1995 and shri khalra had disclosed his identity to the said witness and told him ..... state must ensure prohibition of torture, cruel, inhuman and degrading treatment to any person, particularly at the hands of any state agency/police force.8. in addition to the protection provided under the constitution, the protection of human rights act, 1993, also provide for protection of all rights to every individual. it inhibits illegal detention. torture and custodial death have always been ..... this country. in its 113th report, the law commission of india recommended the amendment to the indian evidence act, 1872 (hereinafter called "evidence act"), to provide that in case of custodial injuries, if there is evidence, the court may presume that injury was caused by the police having the custody of that person during that period. onus to prove contrary is on the ..... that he was not knowing as to why he had been brought to the police station by the appellants satnam .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //