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Suraj Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

Subject : Education

in case of externment orders, it would be sufficient to indicate the general nature of material allegations on which the externing authority has come to … of the Supreme Court in case of Jasvant Sugar Mills Limited (AIR 1963 SC 677) as below:- "....A judicial decision is not always the act … consideration is, as to "whether the order passed by the State Government, in exercise of powers conferred under section 60 of the Maharashtra Police Act, 1951, confirming the order passed by the externing authority under section 56 and … Police Act, 1951 is an order passed under quasi-judicial authority or whether it shall be construed as an administrative order. 3. An order directing externment out of Ahemadnagar district is issued by the Sub-Divisional Magistrate, Ahmednagar, directing

Ali Hasan and anr. Vs. Lt. Governor and ors.

Court : Delhi

Subject : Property

Acts : Delhi Development Act, 1957 - Sections 15; Land Acquisition Act, 1894 - Sections 5A; Constitution of India - Article 226; Land Acquisition Act, 1894 - Sections 9

Reported in : ILR1976Delhi485

not lean in favor of implied repeals. There can be no doubt that the Acquisition Act is a general Act passed by the Central Legislature and its operation extends to the whole of the country while the Development … areas; that in accordance with section 15 of the Development Act as amended by the Delhi Development (Amendment) Act, 1963, land could only be acquired for the planned development of Delhi if in the opinion of the Central … Prithvi Raj, J. (1) The Delhi Administration issued notification dated 23rd April, 1968. under section 4 of the Land … be acquired under the Acquisition Act. The only repeal brought about by the Development Act is contained in section 60(1) which provides that as from the date of the constitution of the (Development) Authority (a) the united Provinces

Present: Mr. Rajiv Agnihotri Advocate Vs. State of Haryana and Others

Court : Punjab and Haryana

Subject : Sales Tax

Section 3(1A), which it is not, it was open to the State to nullify/withdraw the said circular under Section 60 of the 1963 Act. Till today, the circular continue to remain in force. Till today, it has not … policy as defined in Rules 28A, 28B and 28C of the Haryana General Sales Tax Rules, 1975 (for brevity, “the 1975 Rules”.). After introduction of … ‘C’ 100% of fixed 90% of fixed 5 years comprising capital capital Faridabad and investment investment Ballabgarh complex administration areas (II) Units undertaking expansion/diversification 100% of 90% of fixed 9 years fixed capital capital investment investment 100%

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

Subject : Education

the Constitution and in supersession of all previous orders on the subject, the President hereby directs that the Administrators of all Union Territories other than Arunachal Pradesh and Mizoram (whether known as Administrator, Chief Commissioner or Lieutenant … Cabinet system of Government adopted by our Constitution. Under this system, the general rule is that the exercise of executive functions by the Administrator has … also the submission of Mr Jethmalani must be rejected." 103. Section 44(1) of the Government of Union Territories Act, 1963 which is pari materia with Article 239AA(4) may be reproduced hereunder for ready reference: "44. Council of Ministers.-(1) … 100(2) is a function which could not have been delegated. In Para 60, the Division Bench proceeded to consider the nature of power exercised and

Administrator General of Uttaranchal Vs. Additional District Judge 2nd ...

Court : Uttaranchal

Subject : Property

Acts : Administrators General Act, 1963 - Sections 8; Constitution of India - Article 296; Succession Act, 1925 - Sections 8

Reported in : AIR2005Utr18

testamentary case before it, issuing notice to the Administrator General under Sections 7 and 9 of the Administrator General Act, 1963. The said order was challenged by respondent No. 2 through Special Leave to, Appeal (Civil) No. 209/2003) but … in testamentary case before it, issuing notice to the Administrator General under Sections 7 and 9 of the Administrator General Act, 1963. The said order … and sought direction to allow application 78-C2 moved in Testamentary Case No. 60 of 2001, pending before District Court at Dehradun. 2. Brief facts of … writ petition) was filed by Swami Omkaranand Saraswati Charitable Trust (respondent No. 2) requesting for the Letters of Administration on the basis of another will dated 20-12-1999 purported to have been executed by the Swami in favour

State of Kerala and ors. Vs. Kurian Abraham Pvt. Ltd. and anr.

Court : Supreme Court of India

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 3(1), 3(1A), 5, 5(1), 5(2), 5(7), 10, 19, 19(1) and 60; Central Sales Tax Act, 1956; Constitution of India - Article 226; Kerala Value Added Tax Act, 2003 - Sections 98 and 98(5); Central Excise Act, 1944 - Sections 37B; Income Tax Act, 1961 - Sections 119, 119(1) and 119(2)

Reported in : 2008(224)ELT354(SC); [2008]303ITR284(SC); JT2008(2)SC350; 2008(2)SCALE341; (2008)3SCC582; 2009[16]STR210; (2008)13VST1(SC); 2008AIRSCW1290

Kerala or inter-State.2. In respect of its sales turnover, respondent is an assessee under Kerala General Sales Tax Act, 1963 ('1963 Act') as well as under the Central Sales Tax Act, 1956 ('1956 Act').3. For the assessment year … Section 3(1A), which it is not, it was open to the State to nullify/withdraw the said circular under Section 60 of the 1963 Act. Till today, the circular continue to remain in force. Till today, it has not … such officers and persons as it may deem fit, for the proper administration of this Act.10. Entries 38 and 39 of the First Schedule of

Commissioner of Income-tax Vs. Agricultural Marketing Produce Comcommi ...

Court : Delhi

Subject : Direct Taxation

Acts : Delhi Agricultural Market Produce Marketing (Regulation) Act, 1976 - Sections 2, 5, 5(7), (9), (10) and (14), 8, 9, 10, 25, 26, 27, 28, 29, 34, 35, 39 and 65; Income-tax Act, 1961 - Sections 10(20) and 256(1); General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) General Rules, 1978; Constitution of India - Article 239; Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966; Land Acquisition Act, 1894; Delhi Development Act - Sections 3, 4, 5, 30, 37, 52, 56 and 59; Gujarat Agricultural Produce Markets Act, 1963

Reported in : (2001)165CTR(Del)298; [2001]250ITR369(Delhi)

Section 10(20) of the Income-tax Act read with Section 3(31) of the General Clauses Act, 1897 ?2, Whether, on the facts and in the circumstances … Bombay High Court examined the question whether the market comcommittee constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, to which reference has been made, was a local authority. After examining various clauses of the Act, it … to constitute a local authority, is absent and over all dominionof power lies with the board or the administrator. The above being the position, one of the major ingredients required to make a body a local authority … for recovery of dues to the market comcommittee -with the administrator (section 60(4)].(ix) Suspension or cancellation by the director of any license granted or renewed

Sandhi Mamad Kala Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Reported in : (1973)14GLR384

notice but suffice it to state that those acts were described in general terms without giving any detailed particulars. The petitioner filed a written statement … referred to as 'the Act') and the State Government disposing of an appeal against an externment order under Section 60 of the Act are bound to give reasons in support of the orders respectively made by them, or, … P.N. Bhagwati, C.J.1. This reference raises a question of considerable importance in the field of administrative law. The question is whether an authority passing an order of externment under Section 56 of the Bombay

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 4, 37(4), 90, 90(2), 119, 253(2), 260A, 263, 268A, 268A(1), 268A(4), 268A(5) and 275(1); Finance Act, 2008; Kerala General Sales Tax Act, 1963 - Sections 3(1A) and 60; Income Tax Rules - Rule 47; Income Tax Appellate Tribunal Rules, 1963 - Rules 6 to 15

Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

that the Circular No. 16/1998 issued by the Board of Revenue under Section 3(1A)(c), Kerala General Sales Tax Act, 1963, is binding on all the authorities administering the Tax Department. This circular is statutory in nature and hence … Section 3(1A), which it is not, it was open to the State to nullify/withdraw the said circular under Section 60 of the 1963 Act. If the circular is not withdrawn till this date, it is not open to … CTR (St) 41] on which heavy reliance is placed, is only an administrative instruction and the-same does not take away the statutory right to appeal

Commissioner of Income Tax, Shimla Vs. Greenworld Corporation, Parwano ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3(1A), 12AA, 19(1), 27, 31, 31(3), 31(4), 33, 33A, 33B, 33(2), 34, 34(1), 34(3), 64(4), 66, 66A, 80G(5), 80HHC(3), 80IA, 80IB, 115VZC(1), 116, 117, 118, 119, 119(1), 119(2), 120, 120(1), 124, 127, 127(1), 127(2), 127(4), 131 to 136, 142(1), 143, 143(1), 143(2), 143(3), 144, 147, 147(1), 148, 149, 150, 150(1), 150(2), 150(3), 153, 153(2), 153(3), 154, 158BC, 234(B), 234(C), 250, 253, 253(1), 260A, 263, 263(1), 271, 271(1), 271A and 272A; Code of Civil Procedure (CPC) - Sections 21 and 21(1); Constitution of India - Articles 14, 136 and 142

Reported in : (2009)224CTR(SC)113; [2009]314ITR81(SC); JT2009(8)SC429; 2009(7)SCALE721; (2009)7SCC69; [2009]181TAXMAN111(SC)

Section 3(1A), which it is not, it was open to the State to nullify/withdraw the said circular under Section 60 of the 1963 Act. Till today, the circular continue to remain in force. Till today, it has not … (2) whereof read as under:127. Power to transfer cases (1) The Director General or Chief Commissioner or Commissioner may, after giving the assessee a reasonable … date of such order or direction in respect of any year. Sections 131 to 136 provide for the administrative powers of the Commissioner.Section 253 of the Act provides for appeals to the Appellate Tribunal. Sub-section (1) whereof