Skip to content


Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Page 3 of about 156 results (0.120 seconds)

Sep 23 2011 (SC)

State of Uttar Pradesh, and ors. Vs. M/S Mohan MeakIn Breweries Ltd, a ...

Court : Supreme Court of India

..... tax, though levied with reference to the purchase price and at an earlier point is nonetheless income liable to be taxed under the income tax act. this court referring to the argument about absence of legislative competence to levy tax before accrual of income, referred to entry 82 of list i of seventh schedule ..... (or shortage in quantity) and levying duty and additional duty thereon, is legal and valid. 25. the contention which ultimately found favour with the high court, was based on legislative competence. the brewery contended that section 28a provided for levy of `excise duty' and an equal amount as additional duty on ` ..... by human beings as a beverage, comes into existence and the deficiency should be worked out with reference to measurement at such stage. the high court rejected the contention of the appellants that as soon as wort along with yeast is received in the fermenting vessels and ferments, the process of manufacture ..... are therefore liable to be dismissed. conclusion : 44. ca nos.4708-4709/2002 are allowed and the order of the high court in civil misc. wp nos.3968/1978 and 4043/2008 are set aside and the said writ petitions are dismissed. 45. ca nos.4710, 4711, 4712 & 4713/2002 are dismissed ..... affirming the decision of the high court dismissing c.m. w.p. nos.1375/1978, 3690/1979, 4136/1978 and 4157/1978, though .....

Tag this Judgment!

Jul 21 2011 (SC)

Ms Msk Projects (i)(Jv) Ltd. Vs. State of Rajasthan and anr.

Court : Supreme Court of India

..... . in m/s. a.t. brij paul singh & ors. v. state of gujarat, air 1984 sc 1703, while interpreting the provisions of section 73 of the indian contract act, 1972, this court held that damages can be claimed by a contractor where the government is proved to have committed breach by improperly rescinding the contract and for estimating the amount of ..... pre-arbitration period, for the pendente lite period and future interest be reduced to 9%.18. in h.u.d.a v. raj singh rana, air 2008 sc 3035, this court considered various earlier judgments of this court including ghaziabad development authority v. balbir singh, air 2004 sc 2141; bihar state housing board v. arun dakshy, (2005) 7 scc 103; haryana urban development ..... .2003 framed the following issues:1. whether claimant as per agreement is entitled to recover its amount of claim of rs.453.69 lacs upto 31.12.2002 and on- wards or not?2. whether there was delay on part of state in issuing noti- fication for restriction of traffic through the bharatpur town, which has effected the toll tax or ..... of toll fee by msk-appellant. according to this agreement, period of concession had been 111 months including the period of construction. the said period would end on 6.4.2008. it also contained the provisions for making repayment/collection of toll fee and in case of any difference/dispute to refer the matter to the arbitrator.c. msk-appellant completed .....

Tag this Judgment!

May 12 2009 (SC)

Union of India (Uoi) Vs. Rajasthan Spinning and Weaving Mills

Court : Supreme Court of India

Reported in : (2009)224CTR(SC)1; 2009(165)LC93(SC); 2009(238)ELT3(SC); JT2009(7)SC314; 2009(8)SCALE231; [2009]20STT481; [2009]180TAXMAN609(SC); 2009(4)LC1637(SC); (2009)11VatReporter2

..... on behalf of the revenue, the appellants in the two appeals, it was contended, relying upon a recent decision of this court in union of india v. dharamendra textile processors : [2008]306itr277(sc) that mere non payment or short payment of duty (without anything else!) would inevitably lead to imposition of ..... the slps.2. what are the conditions and the circumstances that would attract the imposition of penalty under section 11ac of the central excise act (`the act', hereinafter)? in the two cases before us the tribunal has taken the view that there was no warrant for levy of penalty since ..... 8) scale 304. the question which arises for determination in all these appeals is whether section 11ac of the central excise act, 1944 (in short the `act') inserted by finance act, 1996 with the intention of imposing mandatory penalty on persons who evaded payment of tax should be read to contain mens rea ..... statement or suppression of facts' which means with intent to evade duty. the next set of words `contravention of any of the provisions of this act or rules' are again qualified by the immediately following words `with intent to evade payment of duty.' therefore, there cannot be suppression or mis-statement ..... statement or suppression of facts' which means with intent to evade duty. the next set of words 'contravention of any of the provisions of this act or rules' are again qualified by the immediately following words 'with intent to evade payment of duty'. it is, therefore, not correct to say .....

Tag this Judgment!

Feb 28 2013 (SC)

State of Andhra Pradesh Vs. State of Maharashtra and Others

Court : Supreme Court of India

..... agreement dated 06.10.1975 is the structure and not the spread area.54. in orient papers and industries ltd.1, this court was concerned with provisions of orissa irrigation act, 1959, particularly, sections 4(d) and 28 thereof. while dealing with the argument that the irrigation work as defined under ..... by the two states amicably, the central water commission (cwc) intervened. in the meanwhile, a public interest litigation was also filed before this court. one of the prayers therein is for issuance of directions against maharashtra to stop the construction of babhali barrage and direction to the central government ..... maharashtra.63. as regards lift irrigation schemes, maharashtra has averred in paragraph 12(ii) of the amended written statement filed on 30.01.2008 as under:below vishnupuri barrage on the main godavari river and the state border with andhra pradesh there is a vast area and population of ..... all the efforts made by andhra pradesh in stopping construction of babhali barrage by maharashtra failed and despite pendency of a writ petition before this court in the nature of public interest litigation, maharashtra continued with construction of babhali barrage.10. maharashtra has traversed the claim of andhra pradesh. ..... of documents were filed by them. on 05.08.2008, the court recorded that counsel on either side had agreed that there would not be any oral evidence in the suit. as both sides had filed series of documents, the court on that day observed that the parties may file a .....

Tag this Judgment!

Mar 02 2012 (SC)

Ravi Yashwant Bhoir Vs. the Collector, District Raigad and

Court : Supreme Court of India

Reported in : (2012)4SCC407

..... ; ghulam qadir v. special tribunal & ors., (2002) 1 scc 33; and kabushiki kaisha toshiba v. tosiba appliances company & ors., (2008) 10 scc 766). the high court failed to appreciate that it was a case of political rivalry. the case of the appellant has not been considered in correct perspective at all. ..... 4 scc 566; and state bank of india & ors. v. s.n. goyal, air 2008 sc 2594).10. in government of a.p. v. p. posetty, (2000) 2 scc 220, this court held that since acting in derogation to the prestige of the institution/body and placing his present position in any kind of ..... made by shri chintaman gharat and shri shekhar mhatre to agenda no. 27 of the same meeting regarding allotment of contract for spraying insecticides in ward nos. 1 to 17 of the municipal council.it appears from the minutes of the meeting dated 9.1.2007 that even said suggestion was ..... rule of law and constitutional commands which effectuate fairly the objective standard set for adjudicating good administrative decisions.however, wherever the executive fails, the courts come forward to strike down an order passed by them passionately and to remove arbitrariness and unreasonableness, for the reason, that the state by ..... for further period of six years. the appellant had been given full opportunity to defend himself. the period of disqualification has lapsed, thus this court is dealing with an academic issue. the 9impugned order does not warrant any interference in the facts and circumstances of the case. the appeal lacks .....

Tag this Judgment!

Feb 29 2012 (SC)

Accountant General, M.P. Vs. S.K.Dubey and anr.

Court : Supreme Court of India

..... it was not proper to revise the pension of the first respondent as sanctioned by the president of india without amendment in the high court judges (conditions of service) act, 1954. the pension papers were therefore returned.9. this led to further correspondence between the appellant and the first respondent. appellant recorded ..... a periodical payment to be made available to the employee after his retirement, after long years of service which are governed by the relevant rules [ref. pepsu road transport corporation, patiala vs. mangal singh reported in 2011 (11) scc 702].in the instant case, there are general rules laying down the terms ..... union of india and another vs. central electrical and mechanical engineering service (ce & mes) group 'a' (direct recruits) association, cpwd and others reported in 2008 (1) scc 354 are also to the same effect, namely that the executive instructions have to be in conformity with the rules and not inconsistent therewith. in ..... read as prescribed by the rules framed by the state government, if any. this is the plain meaning of the above expression. if the parliament (2008) 1 scc 354 intended that salary or honorarium and other allowances and other terms and conditions of service of the president and the members of the ..... executive power of the state was coextensive with the legislative 2 air 1964 sc 328 3 (1999) 8 scc 266 4 (2005) 7 scc 234 5 (2008) 7 scc 755 6 (1975) 2 scc 702 7 (1976) 1 scc 671 8 (1980) 4 scc 62 8power and when rules are silent, the .....

Tag this Judgment!

Jul 10 2012 (SC)

Ms. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electri ...

Court : Supreme Court of India

..... the receipt of the entire amount, the supplier filed a suit for interest on delayed payment by the board in terms of the provisions of the act, in money suit no. 21/1997 before the court of the civil judge (sr. divn.) no. 1, guahati. the same was disputed by the board in the written statement filed in the suit. however, the ..... applicable to contracts concluded prior to its commencement, where the delayed payment is made after its commencement.5. the full bench of the high court after considering the provisions of the act, concluded that the findings of the division bench in the case of trusses & towers that once a principal amount is received without any protest, then no further claim for interest ..... be purely declaratory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect (ibid., pp. 468-69).38. "in the case of state of punjab vs. bhajan kaur - (2008) 12 scc 112, this court held: "9. a statute is presumed to be prospective unless held to be retrospective ..... , either expressly or by necessary implication. a substantive law is presumed to be prospective. it is one of the facets of the rule of law.39. "there is no doubt about the fact that the act is a substantive law .....

Tag this Judgment!

Jul 06 2011 (SC)

Jalpat Rai and ors. Vs. State of Haryana

Court : Supreme Court of India

..... section 149 and section 323 read with section 149 ipc. four of them were also charged for the offence punishable under section 27 of the arms act, 1959. the trial court vide its judgment dated november 20, 2004 convicted a-2 under section 302 ipc and sentenced him to suffer life imprisonment and imposed a fine ..... counsel, that the slp preferred by a-2 was non-est since he had a right of appeal under section 2 of the 1970 act and, therefore, the order of this court dismissing the slp preferred by a-2 is also a non- est. the judgments cited by learned senior counsel in support of his submission ..... his murder and thereby you accused sham sunder, purshotam, jalpat rai and satish kumar committed an offence punishable under section 27 of the indian arms act and within the cognizance of this court. 21. the prosecution in support of its case examined 23 witnesses in all . three of these witnesses, pw-1, pw-4 and pw ..... been falsely implicated in the incident. he referred to the evidence of pw-1 and submitted that not a 11 (1990) 4 scc 38912 (2002) 2 scc 73713 (2008) 15 scc 40514 (1982) 2 scc 10115 (1988) 2 scc 60216 (1994) 2 scc 56817 (2003) 2 scc 70818 (2003) 12 scc 758word is stated by ..... not suffer any injury in the incident. he contended that although pw-4 deposed that he was injured by a gunshot but he did not have a 1 (2008) 10 scc 4502 (2009) 13 scc 670single pellet in his body; his clothes had no perforation. learned senior counsel submitted that his statement was recorded on october .....

Tag this Judgment!

Jul 06 2010 (SC)

Shivjee Singh Vs. Nagendra Tiwary and Others

Court : Supreme Court of India

..... is made in writing, the magistrate need not examine the complainant and the witnesses-(a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or(b) if the magistrate makes over the case for inquiry or trial to another magistrate ..... kewal krishan v. suraj bhan (1980) supp scc 499 mohinder singh v. gulwant singh (1992) 2 scc 213 chief enforcement officer v. videocon international ltd. (2008) 2 scc 4929. in chandra deo singh v. prokash chandra bose (supra), it was held that where there was prima facie evidence, the magistrate was bound to ..... case instituted otherwise than on a police report, it appears to the magistrate issuing process under section 204 that the offence is triable exclusively by the court of session, the magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-(i) the statements recorded ..... chief judicial magistrate could not have taken cognizance against them without requiring the appellant to examine all the witnesses and remitted the matter to the concerned court for passing appropriate order after making further inquiry in the light of proviso to section 202(2) cr.p.c.5. shri gaurav agrawal, ..... was considered by a two-judge bench. m.b. shah, j., referred to sections 200 and 202, the judgment of this court in ranjit singh v. state of pepsu air 1959 sc 843 and held:"further, it is settled law that the inquiry under section 202 is of a limited nature. firstly .....

Tag this Judgment!

Jul 06 2011 (SC)

Jalpat Rai and ors. Vs. State of Haryana

Court : Supreme Court of India

..... 149 and section 323 read with section 149 ipc. four of them were also charged for the offence punishable under section 27 of the arms act, 1959. the trial court vide its judgment dated november 20, 2004 convicted a-2 under section 302 ipc and sentenced him to suffer life imprisonment and imposed a fine ..... counsel, that the slp preferred by a-2 was non-est since he had a right of appeal under section 2 of the 1970 act and, therefore, the order of this court dismissing the slp preferred by a-2 is also a non- est. the judgments cited by learned senior counsel in support of his ..... his murder and thereby you accused sham sunder, purshotam, jalpat rai and satish kumar committed an offence punishable under section 27 of the indian arms act and within the cognizance of this court. 21. the prosecution in support of its case examined 23 witnesses in all . three of these witnesses, pw-1, pw-4 and ..... -6 has been falsely implicated in the incident. he referred to the evidence of pw-1 and submitted that not a(1990) 4 scc 389 (2002)2scc737 (2008)15scc405 (1982)2scc101 (1988)2scc602 (1994)2scc568 (2003)2scc708 (2003)12scc758 word is stated by him about the involvement of a-6. he argued that the ..... did not suffer any injury in the incident. he contended that although pw-4 deposed that he was injured by a gunshot but he did not have a(2008)10scc450 (2009)13scc670 single pellet in his body; his clothes had no perforation. learned senior counsel submitted that his statement was recorded on october 8, 2002 .....

Tag this Judgment!


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