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Belapur Co. Ltd. Vs. Maharashtra State Farming Corporation

Court : Mumbai

Subject : Property

Acts : Evidence Act, 1872 - Sections 91 to 98; Code of Civil Procedure (CPC), 1908

Reported in : AIR1969Bom231; 1970MhLJ330

of sugarcane that the plaintiffs were cultivating the said lands. Under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1961, however, all surplus lands of the plaintiffs, i.e. lands in excess of the ceiling fixed in the manner … proper cultivation of the land and maintenance of the production and supply of raw material to the undertaking.' Section 46 of the said Act empowers the State Government to frame Rules, inter alia, for carrying out the purposes … paragraph 27 of the plaint, it has been contended by the learned Advocate General that the same has been denied in paragraph 27 of the

Prayag Chand Vs. Land Acquisition Officer and anr.

Court : Rajasthan

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 18, 23, 26, 26(2) and 54; Rajasthan Court Fee and Suits Valuation Act, 1961 - Sections 20, 46 and 47 - Schedule - Articles 1, 2 and 3; Code of Civil Procedure (CPC) , 1908 - Sections 2, 2(2), 2(14), 26(2), 47, 104, 144 and 476 - Order 43; Displaced Persons (Debts Adjustment) Act, 1951 ; Court Fees Act, 1870 - Sections 8 - Schedule - Article 11; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Land Acquisition (Amendment) Act, 1953 - Sections 26; Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 11 - Schedule - Articles 3 and 10; Tamil Nadu Court-Fees and Suits Valuation Act, 1955 - Sections 51; Bombay Court Fees Act, 1959 - Sections 11; Madhya Pradesh Court-fees Act - Sections 8

Reported in : RLW2005(2)Raj1234; 2005(3)WLC143

1961 and not Under Section 46 read with Entry-I of Schedule-I annexed with the Act 1961.13. Learned Additional Advocate General has invited our attention to Section 26 of the Land Acquisition Act which declares the award made … mention the valuation of the appeal and submitted that Section 46 of Rajasthan Court Fee and Suits Valuation Act, 1961 (hereinafter referred to as 'the Act of 1961') would not govern the question of requirement of payment of

Ranveer Singh Vs. State of Rajasthan

Court : Rajasthan

Subject : Constitution

Acts : Rajasthan High Court Rules, 1952 - Rules 439 and 493; ;Advocates Act, 1961 - Sections 29, 30, 33, 49(1), 49(2) and 59(2); ;General Rules (Civil), 1986 - Rule 491; ;General Rules (Criminal), 1980 - Rule 46; ;Constitution of India - Articles 225 and 227; ;Rajasthan High Court Ordinance, 1949 - Sections 46; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 2; ;Advocates Act, 1973

Reported in : 2001(4)WLN429

thereafter, their right to practise as members of unified Bar is recognised by Parliament, by passing the Advocates Act, 1961, making provisions under Sections 29, 30 and 33 of the aforesaid Act, to the effect that subject to … It is further to be noticed that the Rajasthan High Court, in exercise of its power conferred by Section 46 of the Rajasthan High Court Ordinance, 1949, read with Article 225 of the Constitution of India and all … in exercising of its statutory power, conferred under Clause (gg) of Sub-section (1) of Section 49 of the Advocate Act, and these Rules relating to dress of Advocates are approved by the Chief Justice of India under the

Commissioner of Income-tax, Gujarat Ii Vs. R.M. Amin. (Legal Represent ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(17), 2(22), 2(47), 45, 46, 46(1), 46(2), 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56

Reported in : [1971]82ITR194(Guj)

interesting question of law relating to the construction of section 45 read with section 2(47) of the Income-tax Act, 1961. The question is whether a certain amount received by the assessee on liquidation of Kowolongojo Cinneries Ltd., Kamplal, … of the Uganda company. This indeed was not disputed by the learned Advocate-general on behalf of the revenue. But his contention was that the present … of the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any law.' Section 46(1) and 47 carve out certain exceptions from the general rule of chargeability enacted in section 45. Section 47

R.G. Devadhar Vs. State of Karnataka

Court : Karnataka

Subject : ConstitutionService

Acts : Karnataka Law Officers (Appointment and Conditions of Service) Rules, 1977 - Rule 23; ;Constitution of India - Article 14, 162, 226 and 300A; Karnataka Land Reforms Act, 1961 - Sections 48A

Reported in : ILR1986KAR4095

respect of Writ Petitions or Writ Appeals relatable to applications under Section 48A of the Karnataka Land Reforms Act, 1961, wherein High Court Government Pleaders have put in appearance on the direction of the High Court and not … referred to as the 'Rules') effected by the Government Order No. LAW 46 LAG 83, dated 16-4 1983. In some of the petitions, the petitioners … is liable to be quashed.3. On the contrary, it is submitted on behalf of the State by Learned Advocate General that the appointment of the petitioners as High Court Government Pleaders is purely contractual; therefore, the petitioners

Tulsidas Vithaldas Vs. the Union of India

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1890 - Sections 72, 74-C(3) and 74-D; Evidence Act, 1872 - Sections 106 and 114; Indian Contract Act, 1872 - Sections 46

Reported in : AIR1967Guj130

High Court in Union of India v. Oudh Sugar Mills, Bombay, AIR 1961 Bom 130, wherein it was explained as well as distinguished and the … what is the time within which a contract has to be performed when no time limit is fixed. Section 46 of the Indian Contract Act provides': '46. Where, by the contract, a promisor is to perform his promise … very similar and the points of law involved are the same. Therefore, with the consent of the learned advocates of both sides, the appeals were heard together and are disposed of by this judgment. It will be

The State of Maharashtra Vs. Prakash Vishnurao Mane

Court : Mumbai

Subject : Criminal

Reported in : (1977)79BOMLR217

in Public Prosecutor v. Yuvaraj [1970] A.C. 913 P.C. That was a case under the Prevention of Corruption Act, 1961 from the Federal Court of Malaysia, where the section provided for presumption similar to the presumption under Section … In Rama Reddy v. V.V. Giri A.I.R. [1917] S.C. 1162, the Supreme Court referred to Hopes v. H.M. Advocate [1960] SLT 264 where no objection appears to have been taken to the competency of the evidence furnished … v. Maqsud Ali [1966] 1 Q.B. 688 : [1965] 2 All E.R. 464. It was held in that case that the Court would not lya

High Court on Its Own Motion Vs. Mr.N.B.Deshmukh

Court : Mumbai

Subject : Constitution

Acts : CONTEMPT OF THE COURT ACT, 1971 - Section 2(C); MAHARASHTRA LAND REVENUE CODE, 1966 - Sections 38, 39, 149, 156, 328, 2(11); Constitution of India - Articles 14, 21, 226, 227

The statutory right of the Advocate to practice conferred by the section 29 & 30 of the Advocates Act, 1961 to uphold and duly assist in the due & proper administration of justice according to law by the … by law, lease & the petitioner, the govt.lessee on since 3/8/1994.H) In accordance with the provision of the section 46 of the Indian contract Act, 1872 the engagement ought must be performed within a reasonable time and the

Aishabi Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 147 and 256(1)

Reported in : [1980]126ITR293(Mad)

Sethuraman, J. 1. This is a reference under Section 256(1) of the I.T. Act, 1961, made by the Income-tax Appellate Tribunal, Madras Bench, referring the following questions for the opinion of this court:'1. … as follows (p. 730) :' The question, now raised for the first time before us by the learned advocate for the appellant is that the Tribunal had no materials, on which to find that there was no

Kota Co-operative Agricultural Bank Limited, Kota Vs. State of Karnata ...

Court : Karnataka

Subject : Constitution

Acts : Code of Civil Procedure (CPC), 1908 - Sections 122, 129 and 144 - Order 3, Rules 4(1), 4(6) and 5 (Karnataka Amendment dated 9-2-1967); High Court of Karnataka Rules, 1959 - Rules 2, 3 (1) & (2); Advocates Act, 1961 - Sections 16(2), 29, 30, 33 and 34; Constitution of India - Articles 19(1), 124(4), 226 and 227; Co-operative Societies Act - Sections 29-G(6) and 57(2); Indian Bar Council Act, 1926 - Sections 14; Writ Proceedings Rules, 1977 - Rule 39; Karnataka Court Fees and Suits Valuation Act, 1958; High Courts Act, 1951

Reported in : AIR2001Kant36; ILR2000KAR3063; 2001(2)KarLJ188

under the Rules'.12. In Sub-Committee of Judicial Accountability's case, supra, at paras 46 and 47 the Supreme Court held as hereunder:'46. Use of the word … the petitioner on record Sri K.M. Nataraj had orally sought for permission to engage the services of another Advocate, Sri A.G. Holla (as he then was) to argue the matter on his behalf. Such a situation in … designated by this Court in exercise of the powers conferred on it under Section 16(2) of the Advocates Act, 1961.3. This is how a sub-issue had cropped up before me in the above writ petitions. I do understand