State of Punjab (1) and Bed Raj v. Any amount which is recovered on any such debt is attracted by the provisions of Section 41(4) of the 1961 Act and is, therefore, chargeable to tax in terms of that sub- section to the extent of the ˜excess specified therein. The State of Uttar Pradesh (2). 12 as including the Government and “law ” is defined in Art. It was said that the Magistrate in exercise of his discretion gave the sentence of fine and the High Court was not justified in enhancing the same to imprisonment without giving any reasons which compelled them to do so.
2 of the Railway NRI Legal Services and Canal Traffic Act, 1854 (17 but his comment was that the pleadings of both the parties are far from satisfactory. Manchester, Sheffield, and Lincolnshire Railway Company (1), the Earl of Selborne, in his speech, observed that he did not think it possible to hold (looking at the context in which the material words stand) that ” the mere fact of inequality in the rate of charge when unequal distances are traversed can constitute a preference inconsistent with them “.
However, the subsequent decisions in R. 10 failed to show particulars of classification, assessable value and duty leviable with an intention to evade payment of applicable central excise duties. This decision shows that if unequal rates are charged for the carriage of NRI Legal Services similar or same goods travelling over similar or same areas, then the, inference as to ” undue ” preference can be drawn unless the preference alleged is otherwise shown to be justified by valid reasons.
Relying on paragraphs 114 and 115 of Halsbury’s Laws of England, 3rd Edition, Volume 11, at pages 5558 and citing the case of R. 41(1)(a), it was necessary that he should have set up a specific case of “undue” preference. It also suspected that this product was deliberately misclassified in the said heading to evade payment of proper central excise duties by resorting to assessment of the product under Section 4 of the Central Excise Act, 1944 (hereinafter referred to as the ‘Act’) instead of assessment under Section 4A thereof.
Section 36(1)(vii) is subject to the provisions of sub-section (2) of that section. As the fatal injuries could not be attributed to any one of the accused, he refrained from passing a sentence of death, but instead he convicted them to imprisonment for life. In the former case, the Sessions Judge convicted each of the 7 accused under s. It may be pointed out incidentally that NRI Legal Services the provisions of s. The assessee classified this product under Chapter sub-heading 3306.
That no doubt is true; but if the appellant wanted to make out a case against the railway administration under s. Accordingly, in the light of Section 24 of the General Clauses Act, 1897, the relevant order made under Section 10(2)(xi) of the 1922 Act with reference to which the debt in question had been written off, is deemed to be an order made under Section 36(1)(vii) of the 1961 Act and such order is what is contemplated under NRI Legal Services Section 41(4) of that Act.
” If, on the other hand, an administrative body in arriving at its decision has before it at no stage any form Of lis and throughout has to consider the question from the point of view of policy and expediency, it cannot be said that it is under a duty at any time to act judicially “. The individual assessee has ordinarily to be a living person and there can be no assessment on a dead person and the assessment is a charge in respect of NRI Legal Services the income of the previous year and not a charge in respect of the income of the year of assessment as measured by the income of the previous year.
Manchester NRI Legal Services Aid Committee (1), learned counsel for the appellants contends that where a statute requires a decision to be arrived at purely from the point of view of policy or (1) [1924] 1 K. The application does allege that the mills at Kanpur are able to carry raw jute at a lower rate but there is no allegation that between the goods of the Kanpur mills and the goods (1) (1886) 11 App.
Therefore, both Sections 36(1)(vii) and 36(2) of the 1961 Act, being two of the ingredients of Section 10(2)(xi) of the 1922 Act, must be read together with reference to an order under which debts had been written off. 149, Indian Penal Code. From July 01, 2001, a new product known as ‘Close-Up Whitening’ was introduced by the assessee. The Revenue treated the aforesaid classification as erroneous as according to it Close-Up Whitening also falls under Chapter sub-heading 3306.
In Denaby Main Colliery Company v. “State” is defined in Art. Rajagopal (supra) and PUCL (supra), the Benches were more categoric in asserting the existence of right to privacy . Lastly, a strong plea was made for reducing the sentence of imprisonment given by the High Court to that of fine. Reliance was placed in this context on two decisions of this Court–Dalip Singh v. Global Health Care Products in collusion with M/s. 13 as including any notification or order’ It has to be conceded, therefore, that (1) [1952] INSC 11; [1952] S.
The High Court, without giving any reasons, changed their sentences from transportation to death. the judgment of the Court, in holding that the High Court should not have interfered with the discretion exercised by the Sessions Judge, made the following observation at page 156: 302, Indian Penal Code read with s. by willfully suppressing the fact that Close-up Whitening was a variant of Close Up tooth paste classifiable under Tariff Heading 3306.
Rajagopal s case[4] held that the right to privacy is implicit under Article 21 of the Constitution, PUCL s case held that the right to privacy insofar as it pertains to speech is part of fundamental rights under Articles 19(1)(a) and 21 of the Constitution[5].