Court : Delhi
Decided on : May-29-1992
Reported in : 48(1992)DLT20; 1992(23)DRJ461
..... authority making the order are, or if unregulated are likely to be detrimental to public interests: (f) for requiring persons engaged in the distribution and trade and commerce in any such article or class thereof to mark the articles exposed or intended for sale with the sale price or to exhibit at some easily accessible place on the premises the price-lists ..... articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provision of this act, by notified order, provide for regulation the supply and the distribution thereof and trade and commerce therein. (2) without prejudice to the generality of the powers conferred by sub- section(l), a notified order made there-under may provide (a) for controlling the prices .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-29-1992
Reported in : ILR1992KAR2180
k. shivashankar bhat, j. 1. the following question has been referred for the consideration of the full bench, by a division bench of this court : 'whether, the exemption under rule 6(4)(f) of the karnataka sales tax rules, 1957, is available to a dealer in all circumstances, or is restricted in the manner laid down in the judgments of the supreme court in the cases of dyer meakin breweries ltd. : (1970)3scc253 and d. c. johar & sons (p) ltd. [1971) 27 stc 120 stc 120 ?' 2. the petitioner's husband (hereinafter referred as 'the dealer') was carrying on business in silica sand, and was registered as a dealer under the provisions of the karnataka sales tax act, 1957 ('the act', for short). the instant case pertains to the assessment year 1st july, 1981 to 30th june, 1982. the assessing authority accepted the claim of the dealer that the freight charges which were specified and charged separately were to be excluded under rule 6(4)(f) of the karnataka sales tax rules, 1957 ('the rules', for short) to arrive at the taxable turnover in respect of silica sand sold by the dealer to the various purchasers. it is stated in the assessment order that the dealer extracted silica sand and sold it to various purchasers and at the time of the sale he collected freight charges separately by raising debit bills. these freight charges were not shown in the same bills. the assessment order further stated that the sale price fixed with the buyers was at the point of extraction of the silica sand .....Tag this Judgment!
Court : Patna
Decided on : Mar-30-1992
..... making the order, or if unregulated are likely to be, detrimental to public interest;(f) for requiring persons engaged in the distribution and trade and commerce in any such article or class thereof to mark the articles exposed or intended for sale with the sale price or to exhibit at some easily accessible place on the premises the price- ..... notwithstanding the inclusive definition of 'agriculture produce', which empowered the state government to notify various other commodities which might not be produce of agriculture as understood in market or trade, it was necessary that the specific produce, in this case vanaspati, must be defined as an agriculture produce by being specifically included in the schedule. it was submitted ..... any information or statistics with a view to regulating or prohibiting of the aforesaid matters;(i) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as ..... states have improved appreciably by virtue of legislation. the main objects of the bill are ; - (1) creation of market areas and markets with a view to ensuring fair trade transactions in agricultural and allied commodities.(2) appointment of market committees fully representative of growers, traders, local authorities and govt. to supervise the working of regulated markets.(3) regulation .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-25-1992
Reported in : (1995)ILLJ711Bom
..... various developments in the industrial field, including the recent report of the bullock committee, and the white paper of 1979 in england, are important land marks in this area. we are passing through times when representation of trade unions on board of directors is welcomed atleast by some as 'novel institution .... of confliction partnership.'15. the draft directive on the information and ..... undertaking and on decisions which may affect them.'16. according to the draft, a proposition which has serious consequences for the workforce should be preceded by a consultation with the trade union. the very characterisation of information as confidential is with the object that the information is not disclosed to other parties by the representatives of the employees. the information ..... for a modern state. (the decision of the supreme court in s.p. gupta's case : 2scr365 has been referred to by the labour court in its order.) trade secrets would otherwise be exposed to undesirable circulation with disastrous consequences for the employer. the court should not compel the disclosure of such sensitive information to the union in given ..... industrial court, bombay as complaint (ulp) 336 of 1992.2. the union filed the complaint, under section 26 read with item 5 of schedule ii of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971.3. the management opposed it (vide exhibit 'd' dated march 11, 1982). it passed the impugned order - exhibit 'e' dated .....Tag this Judgment!
Court : Kolkata
Decided on : May-14-1992
Reported in : 96CWN985,[1992(65)FLR1014],(1993)ILLJ359Cal
..... commanding the respondents to rescind, recall, cancel and withdraw the proposed retrenchment notices, a specimen copy of which has been annexed to the petition marked with the letter 'n' and to command the food corporation of india not to dehire the central warehousing corporation godowns at central warehousing, calcutta viii ..... the cwc had no manner of control over such appointments. a specimen copy of such appointment letter has also been annexed to the petition marked with the letter 'k'. it has been further feebly sought to be contended by the fci that it instructed the cwc that appointment letters ..... 15 departmentalised workers of swc, foreshore road godown were posted to the fci, nandibagan depot. the said memo has been annexed to the petiiton marked with the letter 'j'.12. this of course has been sought to be countered by the fci by stating that such transfers were made not ..... no. 1 is a registered trade union seeking to spouse the cause of all sections of workers of the food corporation of india and the petitioner no. 12 is the president ..... jute mills) and central warehouse calcutta i (shyamnagar south jute mills) and restraining the respondents from retrenching the workmen whose names appear in the annexure marked with letter 'a' and in the alternative commanding the food corporation of india to transfer the said workmen to its nearby depots.2. the petitioner .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-12-1992
Reported in : 1992(60)ELT205(Cal)
..... no. 212/p or p medicine - 3/ce/wb/82, dated 20-10-1982 withdraw the earlier trade notice no. 173/cosmetics & toilet preparation 3/ce/82, dated 18-8-1982. in view of the subsequent trade notice hereto annexed and marked with the letter 'l' confirming that boroline merits classification as patent or proprietary medicine under item no. 14e of the first .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-17-1992
Reported in : (1992)101PLR463
..... unfit and unsafe for human habitation is also not sustainable because the order of ejectment on this ground was passed primarily on the consideration that the roofs of the rooms marked 'a' and 'b' in the site plan, exh. a-5, were demolished and reconstructed by the tenant without the written consent of the landlord. in view of my finding that ..... ejected on the ground of change of user because the premises in dispute are such which can be used for manufacturing apart from carrying on of the other business and trade.9. now coming to the ground of impairing the value and utility of the premises by the tenant, the authorities below passed an order of ejectment after finding that the ..... roofs of the rooms marked 'a' and 'b' were demolished and were reconstructed, and the ventilators 'v-1 and v-2' were opened in these roofs and the stair case was demolished; the door was .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-07-1992
Reported in : (1992)(40)ECC293
..... 20. to sum up, of the various grounds taken up by department against the appellants (1) the incident of 15 compressors detected with duplicate marks and numbers was ultimately decided in favour of the appellants; (2) the two grounds of high quantity of rejected parts and high cost of ..... the aforesaid factual background, we now come to the genesis of the collector's charge. apart from the incident of 14 compressors with duplicate marks which, as we have already discussed, were ultimately decided finally by the appellate collector in favour of the appellants, we find that the collector ..... para 20 deals with the ground taken by the department and it is mentioned that "(1) the incident of 15 compressors detected with duplicate marks and numbers was ultimately decided in favour of the appellants; (2) the two grounds of high quantity of rejected parts and high cost of ..... model which is the majority model for repair alone comes to rs. 4,200/- approximately, on the prices applicable on 1.1.86 and marked in the annexures submitted. this excludes assembling charges, overheads and the marketing expenses. as against this price, the actual repair charges which include spare ..... orders over the period of time of more than twelve years mention about the repairing of compressors and not manufacturing of compressors. the accepted trade practice is therefore that the process undertaken by the respondents is only repairing. the work order/purchase order/challan etc., accompanying the defective compressors .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-30-1992
Reported in : (1992)(42)LC19Tri(Delhi)
..... argument was that even though the product is called white portland cement and conforms to is specification is 8042 : 1978 and each bag is marked with the words "white portland cement", is known in the trade by that name and is marketed in that name, the respondents have chosen to seek its classification as rapid hardening cement and collector (appeals) ..... this judgment. she submitted that the cement and concrete sectional committee of the indian standard institution which formulated the various standards specifications for cement, comprised of eminent persons from the trade, industry and institutions engaged in cement study and research and there was, therefore, no reason to disregard its conclusions.7. smt. zutshi also invited attention to the portion ..... tariffs and submitted that by this test alone, white cement manufactured by the respondents as conforming to the specification for white portland cement (8042-1978) which was marked with this isi certification mark on each bag in which this cement was packed and marketed, it was classifiable differently from the rapid hardening variety of cement. she referred to the various ..... of conservation, regulation and use of cement the two products were different and conformed to two different specifications prescribed by the isi under which they were known in the trade and were marketed too. she referred to the supreme court observations in various judgments about the "common parlance" test as a guide for determining the classification of goods .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-19-1992
..... congress with the power to regulate interstate commerce in order to avoid further instances of the interstate trade disputes that were common under the articles of confederation, the framers did not intend that congress should exercise that power through the mechanism of mandating state regulation. the ..... a series of quotations from the federalist and other contemporaneous documents, which the compacts contend demonstrate that the framers established a strong national legislature for the purpose of resolving trade disputes among the states. brief for rocky mountain lowlevel radioactive waste compact et al. as amici curiae 17, and n. 16. while the framers no doubt endowed ..... will construe the statute to avoid such problems unless such construction is plainly contrary to the intent of congress." edward j. debartolo corp. v. florida gulf coast building & construction trades council, 485 u. s. 568, 575 (1988). this rule of statutory construction pushes us away from petitioners' understanding of 2021c (a)(l)(a) of the act, under ..... has not divested them of their original powers and transferred those powers to the federal government." garcia v. san antonio metropolitan transit authority, supra, at 549 (internal quotation marks omitted). congress exercises its conferred powers subject to the limitations contained in the constitution. thus, for example, under the commerce clause congress may regulate publishers engaged in interstate .....Tag this Judgment!