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Anil Kumar Gulati and ors. Etc. Vs. State of M.P. and ors. Etc.
Madhya Pradesh
Aug-29-2003
Municipal TaxConstitution
Constitution of India - Articles 243W, 243X and 245; Madhya Pradesh Municipalities Act, 1961 - Sections 126, 126(1), 126(4) and 139; Madhya Pradesh Municipal Corporation Act, 1956 - Sections 135, 138, 138(1), 138(3), 138(4), 144, 149, 149(1), 323, 326 and 421; Madhya Pradesh Municipality (Determination of Annual Letting Value of Building/Land) Rules, 1997 - Rules 3, 4 and 5
AIR2004MP182
the cases of Abdul Taiyab Abbasbhai Mall, v. The Union of India, AIR 1977 Madh Pra 116 (FB) and Balkrishan Das v. Harnarayan. 1979 MPLJ … been incorporated by M.P. Act No. 18 of 1997 which came into force on 21-4-1997. Section 127 of the Act confers power on the Municipal … the fact that at the time the Municipal Act was enacted. West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 was applicable. Their Lordships referred to Sections 3. 4 and 8 of the Rent Statute. Their Lordships referred … the rules are ultra vires as they suffer from the vice of excessive delegation.(c) Section 135 read with Section 138 of the Corporation Act authorises the Municipal Corporation to impose tax with reference to gross annual letting value
Tag this Judgment! AI Brief & AskRama Sundari Devi Vs. Indu Bhusan Bose
Kolkata
Jul-11-1966
Constitution
Constitution of India; ;Government of India Act, 1935; ;The West Bengal Premises Tenancy Act, 1956; ;Cantonments (Extension of Rent Control Laws) Act, 1957
AIR1967Cal355
Government may by notification declare any place or places in which any part of the Indian army or air force is quartered, or which being in the vicinity of any such place or places is or are required … occupation of himself and his family, within the meaning of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. This Act was a State Act but was made applicable to the Nasirabad cantonment area in which the … governed by the special provisions of the 1924 Act. It will be relevant to mention a few provisions: Section 138 relates to the removal of congested buildings. It provides that where it appears to a Board constituted under
Tag this Judgment! AI Brief & AskSakhi Gopal Agrawal and ors. Vs. State of M.P. and ors.
Madhya Pradesh
Aug-29-2003
Municipal Tax
Constitution of India - Articles 13(3), 14, 243W and 243X; Madhya Pradesh Municipal Corporation Act, 1956 - Sections 135 to 138, 138(1), 138(2) and 138(3); Madhya Pradesh Municipalities Act, 1961 - Sections 126, 126(1), 127 and 127A; ;Madhya Pradesh Municipality (Determination of Annual Letting Value of Building/Land) Rules, 1997 - Rules 3, 4, 5, 6, 10 and 11; ; Madhya Pradesh Nagarpalika Vidhi (Sanshodhan) Adhiniyam, 1997; Madhya Pradesh Accomodation Control Act, 1955
2003(4)MPHT1; 2003(3)MPLJ554
Taiyab Abbasbhai Malik and Ors. v. The Union of India and Ors. AIR 1977 MP 116 and Balkrishan Das v. Harnarayan, 1979 MPLJ 644, wherein … have been incorporated by M.P. Act No. 18 of 1997 which cameinto force on 21 -4-1997. Section 127 of the Act confers power on the … the fact that at the time the Municipal Act was enacted, West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 was applicable. Their Lordships referred to Sections 3, 4 and 8 of the Rent Statute. Their Lordships referred … rules are ultra vires as they suffer from the vice of excessive delegation. (c) Section 135 read with Section 138 of the Corporation Act authorises the Municipal Corporation to impose tax with reference to gross annual letting value
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Karnataka Bank Ltd. Vs. Smt. Sunita B. Vatsaraj
Mumbai
Jun-18-2007
Service
Industrial Disputes Act - Sections 2; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Constitution of India - Articles 226 and 227
2008(1)BomCR891; (2007)109BOMLR1210; [2007(115)FLR217]
retrenchment has led to that dispute, but does not include any such person.(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of … and was also supervising the work of the subordinates and was not a workman within the meaning of Section 2(s) of the Act and therefore the reference was not maintainable. The tribunal also considered the respondents case
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and anr. Vs. Owner and Parties Interested in Moto ...
Gujarat
May-04-1982
Arbitration
Foreign Awards (Recognition and Enforcement) (Amendment) Act, 1973 - Sections 3; Foreign Awards (Recognition and Enforcement) Act, 1961; Sea Act, 1925; Sea Act, 1924; Parent Act - Sections 2 and 3; Arbitration (Protocol and Convention) Act, 1937; Arbitration (Protocol and Convention) Act, 1923; Carriage of Goods Act; Code of Civil Procedure (CPC), 1908 - Order 14 - Order 72, Rule 1(2); Arbitration (Amendment) Act, 1975 - Sections 1(1); Arbitration (Amendment) Act, 1950 - Sections 4(1); Arbitration Act, 1940 - Sections 34 and 35
AIR1983Guj34; (1983)1GLR292
protocol Or convention does not become effective or operative on its own force in this country as is the case in England, some domestic legislation … under: 'Any dispute arising under this charter shall be settled in accordance with the provisions of the Arbitration Act 1950 in London, each party appointing an Arbitrator, and the two Arbitrators in the event of disagreement appointing an … observed the view of the Calcutta High Court in W. Wood & Son Ltd. v. Bengal Corporation : AIR1959Cal8 . It was a case covered by Section 3 of the 1937 Act. The Supreme Court quoted with
Tag this Judgment! AI Brief & AskBelapur Co. Ltd. Vs. Maharashtra State Farming Corporation
Mumbai
Aug-22-1968
Property
Evidence Act, 1872 - Sections 91 to 98; Code of Civil Procedure (CPC), 1908
AIR1969Bom231; 1970MhLJ330
the Privy Council in the case of Baijnath Singh v. Hajee Valley Mahomed 27 Bom LR 787 = AIR 1925 PC 75 in which the same question as in Balkrishan Das' case arose not, however, in relation … their factory at Harigaton in Ahmednagar District since the last about 45 years. Prior to the coming into force of the Maharashtra agricultural Lands (Ceiling on Holdings) Act (Maharashtra Act XXVII of 1961) on the 26th of … of the Evidence Act inter se, it being stated therein (at pp. 1387-1388 of SCR) = (at p. 450 of AIR) that the said sections … State Government, subject, of course, to payment of compensation as therein provided. Section 28 of the said Act which is important for the purpose of
Tag this Judgment! AI Brief & AskM/S Lloyd Insulations (India) Ltd. and ors. Vs. Cement Corporation of ...
Delhi
Jan-24-2001
SICA
The Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 16, 17, 22 and 25; Arbitration Act, 1940 - Sections 14, 17 and 20; Companies Act, 1956 - Sections 18; Negotiable Instruments Act, 1881 - Sections 138, 141 and 142; Code of Civil Procedure (CPC), 1908 - Sections 9 and 86(1) - Order 6, Rule 17
2001IIAD(Delhi)567; 90(2001)DLT1; 2001(57)DRJ606; 2001(1)RLR268
assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which sick industrial company is a party or which may be … to arbitration under arbitration clauses contained in the agreement dated 19th September, 1950. The application was opposed by the respondent bank on the ground that … proceedings within the scope of aforesaid expression contained in section 22(1) of SICA while deciding a case under section 138 of Negotiable Instruments Act, 1881. Reliance was also placed on another judgment of Supreme Court in the case … of this Court in the case of Sheel Chandra Vs . Central Bank of India & Ors. : AIR1982Delhi179 defining the word `suit' and specifically excluding the proceedings under Arbitration Act from the ambit and scope of
Tag this Judgment! AI Brief & AskNarayanlal Bansilal Vs. Maneck Phiroze Mistry and anr.
Mumbai
Sep-03-1958
Company
Companies Act, 1956 - Sections 137(5), 137(6), 140, 142, 143, 234, 235, 237, 239, 240, 240(2), 240(5), 242, 243, 244, 397, 398, 645, 646 and 653; Companies Act, 1913 - Sections 138 and 196(7); Constitution of India - Articles 20(2), 20(3), 132(1), 133(1) and 141; Code of Civil Procedure (CPC), 1908; General Clauses Act, 1897 - Sections 6; Companies Act, 1929 - Sections 137; Sea Customs Act - Sections 167; Foreign Exchange Regulation Act - Sections 23; Company Law; Code of Criminal Procedure (CrPC) , 1898 - Sections 96; Indian Penal Code (IPC), 1860; Public Servants (Inquiries) Act, 1850; Industrial Assurance Act, 1923; Insolvency Law; Bankruptcy Act - Sections 15; Evidence Act
AIR1959Bom320; (1959)61BOMLR220; ILR1959Bom952
weighty observations in the judgment of Mr. Justice Bhagwati at p. 738 (of SCR): (at p 328 of AIR), which observations are not confined to Clause (2) of Article, 20 but which are pertinent to the construction … previous companies law, but any such appointment or thing shall if in force at the commencement of this Act, continue to be in force, and … on 1-11-1955 appointing the first respondent as an Inspector to investigate into the affairs of the company under Section 138(iv). In the operative part of this order it is stated that the Central Government, in exercise of the
Tag this Judgment! AI Brief & AskChandan Lal Joura Vs. AmIn Chand Mohan Lal and ors.
Punjab and Haryana
Apr-18-1960
Commercial
Negotiable Instruments Act - Sections 118; Evidence Act -Sections 114; Code of Civil Procedure (CPC), 1908 - Order 11, Rules 18 and 21 - Order 17, Rule 3
AIR1960P& H500
plaint, that was sufficient to shift the onus on to the plaintiff.(12) In Sunder Singh v. Khushi Ram, AIR 1927 Lah 864, Tek Chand, J. also held that where, in a suit on a promissory note, plaintiff … defendant and the partnership firm had been dissolved on 5th of May, 1950, and at the time of taking of the accounts there was no … that the note itself stated that Rs. 30,000/- was borrowed in cash without interest and the plaintiff was forced to admit that it was incorrect, it must be held that initial presumption had been rebutted, and that … May, 1949, as alleged; and(b) whether a sum of Rs. 25,000/- was actually paid to defendant No. 2 or whether the pronote was passed by … the presumption that the pronote was for consideration. Section 118(a) is as under:'Until the contrary is proved,
Tag this Judgment! AI Brief & AskAbdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.
Allahabad
Feb-19-1957
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 11, 100 to 101 and 103; ;Evidence Act, 1872 - Sections 52, 115, 116, 117 and 167; Provincial Insolvency Act, 1920 - Sections 49, 49(1) and 75; Negotiable Instruments Act, 1881 - Sections 118
AIR1958All54
only upon appreciation of oral evidence Misri Lal Nayak v. Mt. Surji, 1950 All LJ 113, at p. 115: (AIR 1950 PC 28 at pp. … the insolvent himself, and that therefore the presumption under Section 118 of the Negotiable Instruments Act remained in force against the insolvent and no question of a weakening of the presumption arose. Now, the first question was … App 37 (PC) (D); Behari Lal v. Majid Ali, ILR 24 All 138 (E). So far as the order of Insolvency Judge, dated 11-8-1939, is … and, relying upon a Division Bench decision of this Court reported as Kadher Mal v. Sheo Narain : AIR1943All90 he came to the conclusion that those circumstances considerably weakened the presumption of consideration under Section 118 of
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