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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Year: 1995 Page 1 of about 19 results (0.258 seconds)

Jan 12 1995 (TRI)

Sadiq A. Futehally and ors. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jan-12-1995

Reported in : (1995)(57)LC302Tri(Mum.)bai

..... buyer. the senior counsel further submitted that there is no evidence to show that appellants futehally had manipulated the invoice value. in this context, he again referred to the earlier correspondence between the dri and m/s volkswagen regarding the price of the car wherein the position has been explained by the german manufacturer. there was also explanation given by foreign ..... for guaranting payment than if the contract had been in writing. the learned senior counsel referred to the further evidence brought on record by the appellants of the exchange of correspondence between the chairman of volkswagen and the additional director (dri) showing that the amount paid under the letters of credits were based on a separate transaction between the german manufacturer ..... fittings and their values declared. appellant futehally charged in the show cause notice as the person concerned in the unauthorised various imports of the cars for penalty under section 112 of the customs act, 1962 and appellant iqbal ahmed for abetment. the charge of additional payment as evidence by letter of credit quoted in the bills of lading in respect of the ..... included in the price of the car. the learned senior counsel pointed out that the export price list for various country are comparable and all of them are lower than the tourist price list for which he referred to a chart prepared for the purposes. the further fact is that the price in different countries be different depending on economic market strategy .....

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Nov 01 1995 (HC)

Michael Heath Nathan Johnson Vs. Subhash Chandra and ors.

Court : Delhi

Decided on : Nov-01-1995

Reported in : 60(1995)DLT757

..... i have already referred to. (77) the learned senior counsel submitted a note 'analysis of project the africom with reference to pleadings and correspondence exchanged between the parties'. the point that was attempted to be made was that the plaintiff agreed to work as per the shareholders agreement and ..... been now, without his permission, taken away by the first defendant. there is absolutely no material to prove this contention. (17) a comparative study of annexure a, the affidavit of the plaintiff filed along with the plaint and these documents submitted by the first defendant to the ..... drawer its specific individuality; it was further held that the defendants were unable to resist a finding of infringement by relying on section 9(8) of the copyright act, 1956. in so holding, the trial judge rejected the defendants' contention that the plaintiffs' production, drawings were neither original nor ..... was employed by marconi space systems in portsmouth, england (later matra marconi space systems after their joint venture with matra in 1990) from june 1983 to december 1994 as a specialist in the design of telecommunications satellites for mobile applications such as are the subject of this plaint. i ..... [page 24, para 4.9(vii)] 2.10 averments in plaint (i) plaint no averments that documents, charts, illustrations, etc. given to defendant no. 1. (ii) rejoinder plaintiff states that the documents, charts, illustrations, etc. were given to defendant no. i (page 38, para 4.13; page 53, para .....

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Jul 21 1995 (HC)

Shiv Charan Vs. State of U.P.

Court : Allahabad

Decided on : Jul-21-1995

Reported in : 1996CriLJ1286

..... .24. the medical evidence of p.w. 2, mohan lal shows that he had received a penetrating incised wound on the left side of chest and corresponding to that injury there was an internal injury due to which surgical emphysema was caused. the medical evidence shows that the injury to mohan lal could have been ..... that the weapon, i.e. the chhuri was not got examined by the doctor, or by forensic expert: the blood on the chhuri was also not compared with the blood group of the injured.13. the learned counsel for the appellant has also submitted that the defence version has been wrongly rejected by the trial ..... trial court has correctly appreciated the evidence on record and has also correctly appreciated the law on the subject while holding the appellant guilty a for an offence under section 307 i.p.c.16. so far as the actual incident is concerned, the prosecution has examined three eye witnesses, i.e. p.w. 1 smt. ..... were found dangerous to life and were found caused by some sharp edged pointed weapon such as knife or chhuri. the doctor has also proved bed side chart which was prepared by dr. rozorio in his presence and which bears the signature of this doctor and it is ex. ka 7.7. on the ..... could discredit him. the injuries received by him are dangerous in nature as opined by the doctor. he has categorically stated that when he resisted to the act of the appellant in taking his wife forcibly he became annoyed and attacked him with chhuri. there is no reason to disbelieve this version. even the .....

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Aug 08 1995 (HC)

C. Chandravathi Vs. Managing Director, Andhra Pradesh State Essential ...

Court : Andhra Pradesh

Decided on : Aug-08-1995

Reported in : 1995(3)ALT188

..... told, were graduates. the corporation wanted to regularise their services since they were not sponsored by the employment exchange. after a good deal of correspondence with the government, the corporation succeeded in persuading the government to accept their request. accordingly, the government issued an order on 30th june 1982 ..... to those who possess shorthand lower grade or gradation'. after interviewing the petitioner along with the other sponsored candidates and judging her merit on comparative basis, the authorities had selected her and issued an order of appointment in her favour on 4-11-1982. the qualifications possessed by her ..... period of one year from the date of joining the corporation ...' the prescribed period of one year probation was over by 8-11-1983 but no order was passed declaring her probation. in order to improve her qualifications she appeared for b.a. degree examination conducted by the ..... her appointment that it was temporary is not conclusive or decisive of the nature of the appointment. it was only in december 1983 the corporation had adopted by a resolution that the regulations governing the employees of the andhra pradesh civil supplies corporation would govern its employees ..... also. as by december 1983 the appellant had completed the prescribed period of one year probation, the corporation was in a state of doubt whether or not .....

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Nov 16 1995 (HC)

D.V.V. Satya Prasad and ors. Vs. the Government of Andhra Pradesh, Rep ...

Court : Andhra Pradesh

Decided on : Nov-16-1995

Reported in : 1996(1)ALT390

..... unconstitutionality either on the basis of article 14 and 16 of the constitution. 33. the next question for consideration is: whether rule 73 is ultra vires section 11(2) of the act? 34. sub-section (1) of section 11 says that with effect from the appointed date, the primary agricultural development banks shall stand abolished. the consequences of such abolition are contained in sub ..... effect from the 1st jan. 1993. in case of non-monetary items such as disciplinary action, promotions and such other matters, the existing regulations as applicable to the employees of corresponding cadres of dist. co-op. central banks shall apply. (b) the general manager of the dist. co-op. central bank shall call for options of all the erstwhile primary agrl ..... or less in agreement with the principles evolved at the time of the formation of the state of andhra pradesh, 'though the dimensions of the two problems are not quite comparable'. the qualifications, powers and responsibilities, position in the hierarchical system and pay and allowances are undoubtedly crucial factors that must go into the estimate when posts are equated and norms ..... are more or less in agreement with the principles which governed the equation of posts of andhra and telangana services though the dimensions of the two problems are not quite comparable.' the terms of reference as mentioned in paragraph 7 of g.o.ms.no. 384 by which the commission was constituted, extracted supra, are very comprehensive: the commission after .....

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Jul 07 1995 (HC)

Bhupinder Singh Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Jul-07-1995

Reported in : (1995)111PLR387

..... noticed by the hon'ble supreme court and the punjab amending acts no. 20 and 21 of 1994 would indicate that the provisions made are pari-materia the same ..... under section 4 in case of entertainments held in the theatres specified in the corresponding entry, the proprietor thereof may, at his option and subject to such conditions as may be prescribed, pay the amount of tax to the state government every week as specified in the corresponding entry in the column (3) thereof.41. a comparative study of the provisions of andhra pradesh act ..... to impose and recover the lump-sum tax, which in fact and in essence amounted to result in discrimination, thereby offending articles 14 of the constitution. a comparison of the corresponding amendment made in 1994 strengthens the submission of the petitioners regarding constitutional validity of 1993 ordinance. reference to the payment of, 'such lump-sum entertainment tax and subject to such ..... the constitution does not guarantee a right to carry business only on profitable grounds. in malwa bus service (pvt.) ltd. etc. v. state of punjab and ors., a.i.r. 1983 supreme court 634, such a plea was considered by the supreme court and it was held :-'it was lastly urged that the levy is almost confiscatory in character and the .....

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Jul 14 1995 (HC)

Darshan Vs. State of Karnataka

Court : Karnataka

Decided on : Jul-14-1995

Reported in : ILR1996KAR1241

..... extent of lands required for purpose of acquisition. the learned advocate general has made available the necessary details in this regard and they disclose that there has been a lengthy correspondence between the parties in the matter of acquisition of land and the requirement has always been for more land than what was originally notified. therefore, it may not be appropriate ..... court and a decision in that regard must be left to the free-will of the government to be decided on relevant grounds of course. right from the beginning the correspondence between the parties disclose that they needed a larger extent of land than what was notified. in fact, they wanted 100 acres of land totally for the purpose of establishment ..... be struck down merely on the ground that resort must be had to another enactment.13. now, we may briefly compare the provisions available under the two enactments. under section 4 of the l.a. act, preliminary notification has got to be issued disclosing the intention to acquire the land. sections 4 and 5 provide for preliminary investigation. after a notification is issued under ..... is rather sad that it should be so.4. in the year 1983, the state government notified the lands measuring about 200 acres in several villages including pattandur agrahara village for purpose of acquisition under section 28(1) of the karnataka industrial areas development act (hereinafter referred to as the kiadb act) and final notification was issued in that regard on 16.8.1993 .....

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Feb 01 1995 (HC)

Dr. Vinod NaraIn Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Feb-01-1995

Reported in : 1996CriLJ1309

..... warrant executed by courts outside the territorial jurisdiction where the proposed arrestee lives. in such cases and some other cases also the provisions contained in section 88 of the cr. p.c. may apply.89. therefore, if a comparative study of these provisions is made, it will be apparent that disclosure of grounds of arrest where a police officer exercises power under ..... , 437 and 439 of the cr.p.c. in the new code corresponding to sections 496,497,498 and 499, cr. p. c. of the old code.159. in this connection it may be recalled that by act no. xxvi of 1955 the old code was drastically amended and by sections 94, 95 and 96; some notable changes were brought about in the then ..... state have argued the matter with ability, sincerity of purpose and with impartial objective. this court is beholden to them for the help rendered in deciding these matters.158. a comparative study of the provisions of old cr.p.c. relating to grant and reliance of the persons on bail and the relative provisions in the new code no room for ..... . the mandate enshrined under article 21 of the constitution does not confer special guarantee to the accused who evades the arrest so as to give such accused preferential treatment as compared to other accused who have voluntarily surrendered or have been arrested or have been produced before the court.48. sri dwivedi further contended that such preferential treatment is violative of .....

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Feb 10 1995 (HC)

Indian Trading Corporation Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Feb-10-1995

..... explained by the supreme court, from the legislative history of section 37 which corresponds to section 10(2)(xv) of the act of 1922 and the circumstances which led to the dropping of the word 'necessarily' from sub-section (1) of section 37, the expression 'wholly and exclusively' used in section 10(2)(xv) of the 1922 act, dues not mean 'necessarily'. bearing in mind this history ..... account of increase in the employees' remuneration and the supreme court pointed out that it is erroneous to think that increased remuneration can only be justified if there is a corresponding increase in the profits of the assessee.8. the expression 'for the purpose of the business' is wider in its scope than the expression 'for the purpose of earning ..... . cit : [1968]69itr379(cal) . the income-tax officer further observed that there was no nexus between the expenditure on advertisement and the benefits accruing to the assessee's business. comparing the total sales and gross profit of the assessment year with the two immediately preceding years, the assessing officer noted that although the expenditure was only rs. 23,000 and ..... advertisement cannot be considered as allowable business expenditure under the provision of section 37 of the income-tax act, 1961.4. dr. saraf, learned counsel appearing for the assessee, on the other hand, argued that the tribunal was palpably wrong in upholding the comparative approach of the assessing officer comparing the expenditure on the basis of the previous year as it is .....

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Apr 04 1995 (HC)

Ajay Sharma Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Decided on : Apr-04-1995

Reported in : 1995CriLJ3162

..... specious and attractive on the face of it calling for the closer comparative examination of the relevant provisions of the two sets of codes. it, therefore, becomes necessary to reproduce these provisons for proper appreciation of rival submissions.10. section 35(2)(a) of the state cr.p.c, which corresponds to section 31 of the central cr.p.c, provides:'maximum term of ..... formal remission by appropriate government, can be automatically treated as one for a definite period. no such provision is found in the penal code, criminal p.c, or the prisons act.'the court further observed :'a sentence for life would enure till the lifetime of the accused as it is not possible to fix a particular priod of the prisoner's ..... . section 53-a only provides that any reference to the expression 'transportation of life' used in the old code shall be construed ..... 20 years in calculating fraction of terms of punishment and nothing more.13. it is also misleading to suggest that section 53-a of the penal code makes all the difference in the matter or that naib singh's case, air 1983 sc 855 (supra), proceeding on this premises rules that 'life imprisonment' means imprisonment for the whole life of a convict .....

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