Court : US Supreme Court
Decided on : May-03-1982
..... rules designed to insure fair trading"). [ footnote 72 ] indeed, congress was urged to grant the exchanges immunity from private causes of action. see hearings on review of commodity exchange act and discussion of possible changes, supra, at 121. the president of one exchange even proposed the addition of specific language to the statute that would have granted such immunity ..... of its rules now exposes it to unrestricted attacks in federal courts by disgruntled traders. this situation will disrupt, if not immobilize, the self-regulatory machinery established by the commodity exchange act. the doctrine of primary jurisdiction expressed in ricci was designed to alleviate this dilemma." pet. for cert. in chicago mercantile exchange v. deaktor, o.t. 1973, ..... a significant incentive for the exchanges to obey the law. only this course was consistent with the expressed purpose of the 1974 legislation, which was to "amend the commodity exchange act to strengthen the regulation of futures trading." [ footnote 74 ] congress in 1974 created new procedures through which traders might seek relief for violations of the cea, but ..... second circuit reversed. the majority opinion, written by judge friendly, adopted essentially the same reasoning as the sixth circuit majority in no. 80-203, but placed greater emphasis on "the 1974 congress' awareness of the uniform judicial recognition of private rights of action under the commodity exchange act and [its] desire to preserve them," leist v. simplot, 638 .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-02-1982
Reported in : (1982)84BOMLR608
..... to the public weal. the power of the state to impose reasonable restriction may extend to prohibiting acquisition, holding or disposal of a commodity if the commodity is likely to involve grave injury to the health or welfare of the people. in adjudging the reasonableness of restrictions imposed upon the holding ..... it is the duty of the court to strike down without any hesitation any arbitrary power conferred on the executive by the legislature.160. the essential function of the legislature is thus to determine the legislative policy, and its formulation as a rule of conduct. however, the working out of ..... price the carcass and is required to pay a fee for removal of the carcass does not, in our judgment, render a provision which is essentially conceived in the interests of the general public, as indicated earlier, unreasonable. the corporation has to arrange for effectively disposing f the carcass, ..... disadvantage as against the unregistered employers who may engage the security guards directly and who will be performing the said duties as part of their essential function. there will also be a discrimination between a security guard and a security guard in the discharge of their duties. however, it appears ..... v.g. row's case (supra).. that was a case where the vires, of the working journalists (conditions of service) and miscellaneous provisions act, 45 of 1955 was challenged amongst other things on the ground of a breach of article 19(1)(g).91. the decision in narendra kumar v. the union .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-02-1982
Reported in : 51STC126(AP)
..... paddy need not have been mentioned as separate items. therefore, from the language used in the section itself, it can be said that the commodities mentioned under section 14 are meant to be exhaustive and no goods other than the ones specifically mentioned can be said to be goods of ..... that the position remains unchanged. 4. the main contention advanced on behalf of the petitioners is that ravva and rice are one and the same commodity. ravva is nothing but granulated rice or rice made into small particles. no manufacturing process is involved. no new substance is added and since rice ..... other goods. 10. even from the view-point of goods of special importance in inter-state trade and commerce, one differs from the other in essential aspects. take for instance, rice and wheat. they constitute the chief item of consumption as food in most of the parts of the country - ..... than one stage with effect from 7th september, 1976. consequent on the amendment of the central act specifying these commodities as goods of special importance they were included in the third schedule to the state act, the caption of which is 'declared goods in respect of which a single point tax only ..... used for several purposes whereas fried bengal gram is essentially used for making chutney and occasional munching. their value as items of constant use differ. hence it cannot be said that every commodity obtained from goods declared to be of special importance is also a commodity of special importance. 11. in state of .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-18-1982
Reported in : 50STC369(All)
..... of sales tax has filed this revision under section 11(1) of the u.p. sales tax act challenging the decision dated 4th june, 1981, of the sales tax tribunal, kanpur, taking the view that synthetic essential oils of different varieties sold by the dealer-opposite party-during the year 1975-76 was not exigible ..... the question of taxability of articles which have a market, the meaning which should normally be accepted is the one in which the persons concerned with that commodity treat it in the market. dictionary meaning about it is not. of much use. further, that the sense in which the framers of the schedules have ..... cosmetic purposes were not intended to be covered by the general entry relating to scents and perfumes. in making an enquiry about a commodity with reference to its inclusion or otherwise in the entry relating to scents and perfumes this aspect is to be kept in mind.7. whether the ..... commodity which was sold by the dealer during the year in question is known to the people concerned with its sale and purchase as scent ..... the basis of personal observation by an authority constituted for the purpose under the act. the learned standing counsel is, therefore, right in his submission that the tribunal should not have taken upon itself, by personal observation, to decide whether the commodity marketed by the dealer could be treated to be covered by entry 'scents .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-12-1982
Reported in : 52STC135(Guj)
..... purchased in very large quantities, it would tend to eleminate the possibility of investment for personal use, possession or enjoyment. did the purchaser by any act subsequent to the purchase improve the quality of the commodity purchased and thereby made it more readily resaleable what were the incidents associated with the purchase and resale were they similar to the operations usually associated ..... cannot themselves be described as trade or business but essentially are of such a similar character that they are treated as in the nature of trade. generally, it would not be difficult to decide whether a given transaction is an ..... but not by all of them; and so, even an isolated transaction can satisfy the description of an adventure in the nature of trade. however, at least some of the essential features of trade must be present in the isolated or single transaction. in other words, the expression 'adventure in the nature of trade' obviously refers to transactions which individually ..... 'mere service'. the two circumstances on which the learned government pleader relied are, therefore, of no consequence having regard to the fact that it has been found that the essential nature of the activity carried on by the assessee herein was mere service. 23. the learned government pleader next submitted that even if the main activity of the assessee could .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-05-1982
Reported in : 1982(10)ELT309(All)
..... different spices are mixed in certain proportion and they are powdered and as a result of the same different commodities come into existence, for example, garam masala, dal masala, chana masala etc. the components of these different types of masalas are not essentially the same and in the same proportion. by this process of mixture and grinding the original property of ..... c) dutiable goods as defined in section 2(c) of the medicinal and toilet preparations (excise duties) act, 1955.explanation : in this term, the 'factory' has the meaning assigned to it in section 2(m) of the factories act, 1948'.by the finance act, 1979 the exclusions remained as before but the description of the tariff item was modified so as to read ..... produced or manufactured in india. the expression 'goods' in itself has not been defined in the act. under article 366(12) of the constitution this expression has been defined to include all materials, commodities and articles. that is an inclusive definition. the central excises act, however, concerns itself with goods manufactured or produced and without going in detail in the dictionary meanings ..... petitioner has attributed violation of article 16 of the constitution and also challenged the vires of tariff item 68. these questions cannot be decided by the authorities created under the act. the writ petitions are hence maintainable.7. the following submissions were made before us on behalf of the petitioners by sri jagadish swarup, their learned counsel: that mixed .....Tag this Judgment!
Court : Delhi
Decided on : May-07-1982
Reported in : 22(1982)DLT19; 1982(10)ELT467(Del)
..... strenuously urged that there is unimpeachable evidence on record, which was also placed before the excise authorities, that properzi rods are commercially a distinct commodity from wire bars and rods and casting. thereforee, no excise duty is payable at all. reliance is also placed on isi specifications which give ..... bars or castings which according to the petitioner are completely different and distinct commodities. 5. the conflict between the petitioner and the excise authorities came about in this way. by an order dated september 2, 1970, the ..... conductors which the petitioner claims it manufactures. as noticed earlier, petitioner's case is that properzi rods are a distinct and different commercial commodity as against wire rods and are not known to the market as wire rods. the said properzi rods cannot also be described as wire ..... takes about 30 minutes for melting. after melting, the aluminium at about 750 degrees centigrade is transferred to holding furnace. two holding furnaces are essential for continuous supply of melted aluminium to casting machine. from holding furnace, the melted metal is taken to rotating copper mould. the speed of ..... on the classification of v.p. latex under entries in the indian tariff act. it was held that the end use of the articles was absolutely irrelevant in the context of which entry a particular commodity would fall under. it was also observed that meanings given to articles in a .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-1982
Reported in : 1984(17)ELT109(Bom)
..... mere fact that the substance or raw material out of which it is made has also been taxed in some other form, when it was sold as a separate commercial commodity, would make no difference for purposes of the law of sales tax. the object appears to us to be to tax sales of goods of each variety and not the ..... -state trade and commerce. reversing the judgment of the madras high court, the supreme court held that each item in the various entries in section 14 was a separate taxable commodity, and was, therefore, a taxable item. the supreme court held that if the object of parliament was to make iron and steel taxable as a substance, the entry could have ..... that the exemption was for the metal used, and that in the case before them, namely, pyare lal malhotra's case, the object of single point taxation was the commercial commodity and not he substance out of which it was made. the exigibility to tax in pyare lal malhotra's case arose under the tamil nadu general sales tax ..... said clause (3) of article 286 as it then stood had enacted the essential goods (declaration and regulation of tax on sales or purchases) act, 1952. (act no. lii of 1952), which came into force on august 9, 1952. in schedule i to the said act, iron and steel were declared essential for the life of the community. thereafter, the government of madhya bharat in .....Tag this Judgment!
Court : Gujarat
Decided on : May-04-1982
Reported in : AIR1983Guj34; (1983)1GLR292
..... the learned counsel for the 1st and fourth defendants that the conditions which are specified in section 3 of the foreign awards act are satisfied. the essential pre-requisites which should be satisfied before section 3 can be invoked are: firstly, the existence of an agreement to which ..... and takes in its sweep all the business and trade transactions in any of their forms including the transportation, purchase, sale and exchange of commodities between the citizens of different countries (vide: welton v. missouri (1875) .91 us 275). the convention with reference to arbitration is for ..... principle underlying section 35 not to grant an injunction restraining the russian firm from proceeding with the arbitration at moscow. the principle essentially is that the arbitrators should not proceed with the arbitration side by side in rivalry or in competition as if it were a ..... look at the statement of objects and reasons for purposes of understanding as to what mis-chief the amendment act sought to remedy (vide: m. k. ranganathan v. govt of madras : 2scr374 and state of west bengal v. subodh gopal : 1scr587 ). it is in this perspective ..... that i have to decide whether the first and fourth defendants are entitled to prayers made in the notice of motion. two questions arise before me for determination, namely, (1) whether the conditions specified in section 3 of the foreign awards act .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-1982
Reported in : 53STC202(Bom)
..... for the metal used, and that in the case before them, namely, pyare lal malhotra's case : 1983(13)elt1582(sc) , the object of single point taxation was the commercial commodity and not the substance out of which it was made. the exigibility to tax to tax in pyare lal malhotra's case : 1983(13)elt1582(sc) arose under the tamil ..... mere fact that the substance or raw material out of which it is made has also been taxed in some other form, when it was sold as a separate commercial commodity, would make no difference for purposes of the law of sales tax. the object appears to us to be to tax sales of goods of each variety and not the ..... -state trade and commerce. reversing the judgment of the madras high court, the supreme court held that each item in the various entries in section 14 was a separate taxable commodity and was, therefore, a taxable item. the supreme court held that if the object of parliament was to make iron and steel taxable as a substance, the entry could have ..... said clause (3) of article 286 as it then stood had enacted the essential goods (declaration and regulation of tax on sales or purchases) act, 1952 (act no. 52 of 1952), which came into force on 9th august, 1952. in schedule i to the said act, iron and steel were declared essential for the life of the community. thereafter, the government of madhya bharat, in .....Tag this Judgment!