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District Panchayat Vs. Vasantgauri Wife of Babulal Dave and anr.

Court : Gujarat

Subject : CivilLimitation

Acts : Gujarat Panchayats Act, 1961 - Sections 320, 320(2) and 320(3); Bombay Primary Education Act, 1947 - Sections 62, 62(1) and 63; Limitation Act, 1963 - Schedule - Article 113; Limitation Act, 1908 - Schedule - Article 120; Major Port Trusts Act, 1953 - Sections 120; Indore Municipal Act, 1909 - Sections 13, 13(2), 132 and 135; Code of Civil Procedure (CPC) - Sections 80; Constitution of India - Article 311

Reported in : (2009)1GLR98

avail of service of the plaintiff, and ultimately, on the ground of general unsuitability the plaintiff was discharged from service by order of termination simpliciter … order is void and inoperative. It is submitted that for the said action Article 113 of the Limitation Act, 1963 is applicable. The plaintiff submits that for suit for declaration to the effect that dismissal order was void, … of the plaintiff is not barred by limitation under Section 320 of the Gujarat Panchayats Act, 1961 and Section 62 of the Bombay Primary Education Act, 1947?The respondent No. 1 expired during the pendency of the appeal, and … respondent No. 1 and declaring that the impugned order passed by the Administrative Officer, Rajkot bearing No. 1747 dated 9-8-1971 was void, inoperative and without

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 … existing bye laws (section 61).(xviii) State Government to amend the Schedule (section 62).2. Control by the board(i) Money to be borrowed by a market comcommittee

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

hands under the provisions of Section 168 of the Act. High Court examined the provisions of the Administrators-General Act, 1963 and the Official Trustees Act, 1913 and held as under:It appears to be quite clear that though the

K. R. Patel Vs. Commissioner of Income-tax

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (1999)155CTR(SC)585

assessable in his hands under the provisions of section 168. The High Court examined the provisions of (lie Administrators General Act, 1963 and the Official Trustees Act, 1913 and held as under:'It appears to be quite clear that though the

K. R. Patel Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : [1999]106TAXMAN151(SC)

in his hands under the provisions of Section 168 of the Act.High Court examined the provisions of the Administrators- General Act, 1963 and the Official Trustees Act, 1913 and held as under:- "It appears to be quite clear that though

Smt. Chandra Kali Vs. Managing Committee Aryasamaj, Meerut and ors.

Court : Allahabad

Subject : Trusts and SocietiesProperty

Acts : Administrators General Act, 1963 - Sections 25; Official Trustees Act, 1913 - Sections 25 and 29

Reported in : AIR1987All341

is an application under Section 25 of the Official Trustees Act, 1913 read with Section 25 of the Administrators General Act, 1963. This is a proceeding under the supervisory jurisdiction of the Court underS. 25 of the Official Trustees Act.

Smt. Bindu Garg Vs. State of Haryana

Court : Punjab and Haryana

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 23; Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963; Indian Stamp (Haryana Amendment) Act, 1973 - Sections 47A

Reported in : (1999)122PLR794

and this Court ultimately fixed the market value at the rate of Rs. 1.50 per square yards. In Administrator General of West Bengal's case (supra) this court upheld rejection of the small plots of lands and accepted … the notification Ex.P.36 under Section 4 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 was issued on January 5, 1978. As such the sale instances do not reflect a fair market value … Assistant Commissioner and Land Acquisition Officer and Anr., 1996(2) Supreme Court Cases 62 in support of his contention.20. As already noticed Ex.P.67 relates to the

G.V.K. Industries Limited and anr. Vs. Central Electricity Authority

Court : Delhi

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 62, 73, 74, 86(1), 86(2), 185(2) and 185(5); Administrative Tribunals Act, 1985 - Sections 28; Arbitration and Conciliation Act - Sections 8; Registration Act - Sections 30(2); Indian Electricity (Supply) Act, 1948 - Sections 3, 15A(3), 43A and 43A(2); Electricity Regulatory Commission Act, 1998 - Sections 51 and 51(2); State Electricity Act; General Clauses Act, 1897 - Sections 6; Companies Act, 1913 - Sections 153C; Companies Act, 1956 - Sections 647; Gold Control Rules, 1963; Gold Control Act, 1968 - Sections 117; Constitution of India - Articles 23, 32, 226 and 226(1); Code of Civil Procedure (CPC) - Sections 20

Reported in : 2006(88)DRJ377

had issued a notice for confiscation of gold under Gold Control Rules, 1963 which in turn were repealed by virtue of Section 117 of the … power no longer vests in the CEA and thereforee I need not dilate upon the question of whether Section 62 of the Electricity Act bestows the power to determine tariff de hors Completed Capital Cost of the project. … of the High Court under Article 226 of the Constitution could be curtailed by statutes such as the Administrative Tribunals Act, 1985. The Court pronounced that the powers of judicial review over legislative action vested, inalienably, in … technical objections have been raised. PRELIMINARY OBJECTIONS2. By way of prefatory remarks, generally speaking, the writ jurisdiction of the High Court under Article 226 of

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) … the concept of State Government in relation to Union Territory. In para 62 and para 63, the Division Bench noticed Clause (4) of Article 239AA

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Subject : Municipal TaxConstitution

Acts : Constitution of India - Articles 54, 133, 142, 239, 240, 241, 242, 243, 244, 245 ot 255, 256 to 263, 285, 289(1), 357, 367 and 372; Punjab Municipal Act, 1911 - Sections 61; Delhi Municipal Corporation Act, 1957; New Delhi Municipal Council Act, 1994 - Sections 60, 62 and 119; Government of India Act, 1935 - Sections 5, 6, 94, 99, 100, 104, 154, 155(1) and 311(1); General Clauses Act, 1897 - Sections 3(58); Sea Customs Act, 1878 - Sections 20; Central Excises Act, 1944 - Sections 3; Government of India Act, 1919; Government of Part C States Act, 1951 - Sections 21, 22 and 38(22); Reorganisation Act, 1956; Union Territory by the Punjab (Reorganisation) Act, 1966; Government of Union Territories Act, 1963; State of Himachal Pradesh Act, 1970; North-Eastern Areas (Reorganisation) Ac

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

Matched in: Advocate Ashok H. Desai,; Attorney General,; B. Sen,;