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Start Free TrialThe Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act
State: Tamil Nadu
Year: 1955
.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....
List Judgments citing this sectionMedicinal and Toilet Preparations Excise Duties Act, 1955 Schedule I
Title: Schedule
State: Central
Year: 1955
.....of any dutiable goods the unit of assessment for the purpose of any duty under this Act is a litre of the strength of London proof spirit, the duly shall be increased or reduced in such proportion as the strength of the dutiable goods is greater or less than that of the London proof spirit.] ________________________ 1. Substituted for the headings and the items and entries relating thereto, occurring before the existing Explanations (and as amended by the Finance Act, 1964 (5 of 1964), Section 64) by the Finance Act, 1976 (66 of 1976), Section 39(c) and Sixth Schedule w.e.f. 27-5-1976. 2. Substituted for words in Col. 3 by Finance Act (13 of 1989), Section 39, Sixth Sch.
View Complete Act List Judgments citing this sectionMedicinal and Toilet Preparations Excise Duties Act, 1955 Amending Act I
Title: Medicinal and Toilet Preparation Excise Duties Amendment Act, 1961
State: Central
Year: 1955
.....(b) where such price is not ascertainable, the price at which an article of the like kind and quality is sold or is capable of being sold by the manufacturer or his agent, at the time of the removal of the article chargeable with duty from the place where the duty is leviable thereon in accordance with the provisions of section 3, or if such article is not sold or is not capable of being sold at such place, at any other place nearest thereto: Provided that in determining the price of any article under this Explanation, no abatement or deduction shall be allowed except in respect of trade discount and the amount of duty payable at the time of the removal of such article from the place where the duty is so leviable. Explanation III.--"London proof spirit" means that mixture of ethyl alcohol and distilled water which at the temperature of 51 degrees Fahrenheit weighs exactly 12/13th parts of an equal measure of distilled water at the same temperature. Explanation IV.--Where in respect of any dutiable goods the unit of assessment for the purpose of any duty under this Act is a litre of the strength of London proof spirit, the duty shall be increased or reduced in such.....
View Complete Act List Judgments citing this sectionWorking Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 Chapter II
Title: Working Journalists
State: Central
Year: 1955
.....13A to section 12 shall be construed asreferences to section 12 read with this section. (3) The Tribunal, in discharging its functions under thisAct, may act on the evidence recorded by the Wage Board or partly recorded bythe Wage Board and partly recorded by itself: Provided that if the Tribunal is of opinion that furtherexamination of any of the witnesses whose evidence has already been recorded isnecessary in the interests of justice, it may re-summon any such witness, andafter such further examination, cross-examination and re-examination, if any,as it may permit, the witness shall be discharged. (4) On the constitution of a Tribunal under sub-section(1), the Board constituted under section 9 and functioning immediately beforesuch constitution shall cease to exist and the members constituting that Boardshall be deemed to have vacated their offices: Provided that any interim rates of wages fixed by theCentral Government under section 13A in respect of working journalists and inforce immediately before the constitution of the Tribunal shall remain in forceuntil the order of the Central Government under section 12 read with thissection comes into operation]. .....
View Complete Act List Judgments citing this sectionWorking Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 Section 5
Title: Payment of Gratuity
State: Central
Year: 1955
.....thereof in excess of six months, If the period of such past service exceeds ten years. Explanation.--For the purposes of this sub-section and sub-section (1) of section 17, "family" means-- (i) in the case of a male working journalist, his widow, children, whether married or unmarried, and his dependent parents and the widow and children of his deceased son: Provided that a widow shall not be deemed to be a member of the family of the working journalist if at the time of his death she was not legally entitled to be maintained by him; (ii) in the case of a female working journalist, her husband, children, whether married or unmarried, and the dependent parents of the working journalist or of her husband, and the widow and children of her deceased son: Provided that if the working journalist has expressed her desire to exclude her husband from the family, the husband and his dependent parents shall not be deemed to be a pan of the working journalist's family, and in either of the above two cases, if the child of a working journalist or of a deceased son of a working journalist has been adopted by another person and if under the personal law of the adopter, adoption is.....
View Complete Act List Judgments citing this sectionWorking Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 Complete Act
State: Central
Year: 1955
.....12-shall be construed as references to Sec. 12-read with this section. (3) The Tribunal, in discharging its functions under this Act, may act on the evidence recorded by the Wage Board or partly recorded by the Wage Board and partly recorded by itself: Provided that if the Tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded Is necessary in the interests of justice it may re-summon any such witness, and after such further examination, cross-examination and re-examination. If any, as it may permit, the witness shall be discharged. (4) On the constitution of a Tribunal under sub-section (1) the Board constituted under Sec. 9-and functioning immediately before such constitution shall cease to exist and the members constituting that Board shall be deemed to have vacated their offices : Provided that any interim rates of wages fixed by the Central Government under Sec. 13-A-in respect of working journalists, and in force immediately before the constitution of the Tribunal shall remain in force until the order of the Central Government under Sec. 12- read with this section comes into operation.] SECTION.....
List Judgments citing this sectionWorking Journalists and Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 Complete Act
State: Punjab
Year: 1955
.....Sec.13-A to Sec.12 shall be construed as reference to Sec. 12 read with this section. (3) The Tribunal, in discharging its functions under this Act, may act on the evidence recorded by the Wage Board or partly recorded by the Wage Board and partly recorded by itself : Provided that if the Tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice it may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, the witness shall be discharged. (4) On the constitution of a Tribunal under sub-section (1) the Board constituted under Sec. 9 and functioning immediately before such constitution shall cease to exist and the members constituting that Board shall be deemed to have vacated their offices : Provided that any interim rates of wages fixed by the Central Government under Sec. 13-A in respect of working journalists, and in force immediately before the constitution of the Tribunal shall remain in force until the order of the Central Government under Sec. 12 read with this section comes into operation.] .....
List Judgments citing this sectionWest Bengal Land Reforms Act, 1955 Complete Act
State: West Bengal
Year: 1955
.....of his own interest therein, but does not include the right of the bargadar to cultivate the land of the holding; 1010. Clause (7) subs. by W.B. Act Act 50 of 1981, which was earlier as under: "(7) "land" means agricultural land other than land comprised in a tea- garden which is retained under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953, and includes home-steads but does not include tank. Explanation: "Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953.'. (7) "land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth; (8) "Personal cultivation" means cultivation by a person of his own land on his own account (a) by his own labour, or (b) by the labour of any member of his family, or (c) by.....
List Judgments citing this sectionWest Bengal Lifts and Escalators Act, 1955 Complete Act
State: West Bengal
Year: 1955
.....apply to any lift or escalator in any mine within the meaning of the Mines Act, 1952, or to any lift or escalator to which the provisions of the Factories Act, 1948, apply. Section 2 Definitions In this Act, unless the context otherwise requires, (a) "contract load" means the load specified in the maker's specification of a lift or an escalator as being the maximum load which the lift or the escalator is capable of carrying; (b) "contract speed" means the speed specified in the maker's specification of a lift or an escalator as being the maximum speed which the lift or the escalator is capable of attaining in the up direction with contract load; (c) "counterweight" means the weight or series of weights to counterbalance the weight of a lift car and part of the load; (d) "escalator" means a moving inclined continous stairway or runway used for raising and lowering passengers, which is worked by power; (e) "lift" means a hoisting and lowering mechanism equipped with a lift car which is designed to move in guides in a substantially vertical direction and is worked by power; (f) "lift car" includes the platform, car frame and the enclosure of a lift car; (g) "lift.....
List Judgments citing this sectionSpirituous Preparations (Inter-state Trade and Commerce) Control Act, 1955 Section 2
Title: Definitions
State: Central
Year: 1955
In this, unless the context otherwise requires,- (a) 'alcohol' means ethyl alcohol of any strength and purity having the chemical composition C2, H5, OH ; (b) 'prescribed' means prescribed by rules made under this Act; (c) 'prohibition State' means any State which the Central Government may, by notification in the Official Gazette, specify as being a State in which or in any part of which the consumption of alcoholic liquors is generally prohibited by law; (d) 'spirituous preparation' means- (i) any medicinal preparation containing alcohol, whether self-generated or otherwise' or (ii) any mixture or compound of wine with medicinal substances, whether the wine is fortified with spirit or not; or (iii) any other substance notified under section 4 to be a spirituous preparation.
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