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Aug 21 2008

Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Decided on : Aug-21-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), 10, 10(20), 10(26AAB) and 260A; Finance Act, 2002; Cantonments Act, 1924 - Sections 3; General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) Act, 1998 - Sections 5, 22(1), 22(2), 62 65, 88, 88(1), 88(2) and 88(3); Delhi Development Act, 1957; Payment of Bonus Act, 1965 - Sections 32; Constitution of India (Seventy-third Amendment) Act, 1992; Constitution of India (Seventy-fourth Amendment) Act, 1992; Constitution of India - Articles 243, 243P, 243 and 243ZF

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

management of a Municipal or local fund; or (iv) Cantonment Board as defined in Section 3 of the Cantonments Act, 1924 (2 of 1924);12. Mr. M.L. Verma, learned senior counsel appearing on behalf of the appellants, submitted that AMC(s) … Act. (vi) such other functions of like nature as may be entrusted to the Board by the Government. CHAPTER V MARKET OF NATIONAL IMPORTANCE 26. Establishment of market of national importance and Marketing Committee thereof -(1) Notwithstanding

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Mar 11 2008

Ramgarh Cantonment Board and anr. Vs. State of Jharkhand and ors.

Court : Supreme Court of India

Decided on : Mar-11-2008

Subject : Other Taxes

Acts : Cantonments Act, 1924 - Sections 60 and 60(1); Bihar and Orissa Municipal Act, 1922 - Sections 3(30), 3(30A), 82, 137, 138, 150, 326 and 356; Madhya Pradesh Municipalities Act, 1961 - Sections 127 and 127(1); Madhya Pradesh Motor Vehicles Taxation Act - Sections 3(2)

Reported in : JT2008(3)SC590; 2008(4)SCALE162; (2008)11SCC223; (2008)15VST550(SC); 2008AIRSCW2223

on vehicles entering into the cantonment area.3. Appellant No. 1, Ramgarh Cantonment Board, a board constituted under the Cantonments Act, 1924 (hereinafter referred to as the Act), in exercise of the power vested in it under Section 60 of … levy entry tax, it is necessary to find whether the municipality has similar power to levy entry tax.9. Chapter IV of the Bihar and Orissa Municipal Act, 1922 (for short 1922 Act) deals with the subject of … the judgment passed in Letters Patent Appeal No. 556 of 2001 dated 4th October, 2001 delivered by the High Court of Jharkhand at Ranchi.2. The

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Apr 10 1997

Cantonment Board, Mhow and anr. Vs. M.P. State Road Transport Corpn.

Court : Supreme Court of India

Decided on : Apr-10-1997

Subject : Municipal Tax

Acts : Madhya Pradesh Municipalities Act, 1961 - Sections 3(38) and 127; Madhya Pradesh Motor Vehicles Taxation Act, 1947 - Sections 3, 3(2), 6, 7 and 127; Contonments Act, 1924 - Sections 60 and 60(1); General Clauses Act, 1897 - Sections 6

Reported in : I(1997)ACC586; AIR1997SC2013; JT1997(4)SC561; 1997(3)SCALE484; (1997)9SCC450; [1997]3SCR813

briefly stated as under :3. To consolidate and amend the law relating to the administration of Cantonments the Cantonments Act 1924 (Act 2 of 1924) was enacted in place of the earlier Cantonment Act (Act 15 of 1910 and … to acquire and hold property both moveable and immovable as provided under Section 11 of the said Act. Chapter V of the said Act deals with taxation which could be imposed by the Cantonment Board. Section 60 … for the privilege of carrying on any trade or calling under Entry 46 and, therefore, the same cannot exceed Rs. 100 per annum as provided

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Jul 23 2008

Chief Executive Officer, Cantonment Board Vs. Tenzing Gopu Lama and Et ...

Court : Guwahati

Decided on : Jul-23-2008

Subject : Criminal

respectively.4. The complaints were filed by the Cantonment Board through its Estate Officer under Section 184 of the Cantonments Act, 1924 alleging illegal constructions on the land belonging to the Cantonment Board without due permission. Since the Offences were … Since the Offences were triable under summons procedure, the learned Judicial Magistrate took cognizance of the offence under Chapter XX of Cr.P.C. and proceeded with the cases by way of explaining the substance of accusations to the

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Mar 27 1997

K. Narayana and anr. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Mar-27-1997

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302 and 439; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(1), 4(2), 5, 5(2), 27, 190, 248, 439 and 482; Narcotic Drugs Psycho. Sub. Act - Sections 37

Reported in : 1997(1)ALD(Cri)712; 1997(1)ALT(Cri)817; 1997CriLJ3258

can accept the application of the Executive Officer of the Cantonment Board, Hyderabad under Section 267(2) of the Cantonments Act, 1924 to drop the further proceedings against the respondent-accused. The respondent-accused had committed an offence under the Cantonments Act … of this Act.'Chapter IV of the Exercise Act deals with the manufacture, possession and sale of excisable articles. Chapter VI deals with licences and permits. Chapter VII deals with offences and penalties. Section 34 provides for penalty … Y. Bhaskar Rao, J. 1. This petition under Section 482 of the Code of Criminal Procedure is filed to quash the proceedings

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Oct 04 2001

State of Jharkhand and anr. Vs. Mukesh Prasad and ors.

Court : Jharkhand

Decided on : Oct-04-2001

Subject : Constitution

Acts : Cantonments Act, 1924 - Sections 60, 60(1), 61 and 62; Bihar and Orissa Municipal Act, 1922 - Sections 82, 137, 138 and 356; Madhya Pradesh Municipalities Act, 1961 - Sections 127 and 127(1); Madhya Pradesh Motor Vehicles Taxation Act, 1947 - Sections 3, 3(2) and 6

Reported in : II(2002)ACC184; 2002(50)BLJR169

facts leading to the filing of this appeal are that Ramgarh Cantonment Board, a Board constituted under the Cantonments Act, 1924, in purported exercise of the power allegedly vested in it under Section 60 of the Cantonments Act, 1924, … we have to advert to Bihar & Orissa Municipal Act, 1922. Section 82 of 1922 Act falls in Chapter IV which deals with the subject of 'Municipal Taxation'. Part I of Chapter IV relates to the subject … Orissa Municipal Act, 1922. Section 82 of 1922 Act falls in Chapter IV which deals with the subject of 'Municipal Taxation'. Part I of Chapter

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Mar 10 1995

Municipal Corporation for City of Pune and Another Vs. Bharat Forge Co ...

Court : Supreme Court of India

Decided on : Mar-10-1995

Subject : Other Taxes

Acts : Cantonments Act, 1880 - Sections 21, 22; Cantonments Act, 1924 - Sections 45(1), 60 to 63 and 81(2) and 255; General Clauses Act - Sections 21; Constitution of India - Articles 21, 226 and 265; Bombay Municipal Act, 1872; Bombay District Municipal Act, 1873; Cantonments Act, 1910; Bombay Provincial Municipal Corporations Act, 1949 - Sections 32(4); Limitation Act, 1623; Sex Disqualification Act, 1919; Statute Law (Repeals) Act, 1906; Central Sales Tax Act, 1956 - Sections 8(2); Cantonment (Extention of Rent Control Laws) Act, 1957 - Sections 3

Reported in : AIR1996SC2856; JT1995(3)SC312; 1995(2)SCALE245; (1995)3SCC434a; [1995]2SCR716; (1995)2UPLBEC740; (1995) 3 SCC 434

Notification relating to assessment, collection and recovery of octroi duties.8. After the aforesaid Notifications had been issued, the Cantonments Act, 1924 was enacted. Chapter V of this Act is on the subject of 'Taxation'; and Sections 60 to 63 … Government of India conveyed its sanction to the levy of octroi in the Cantonment by its telegram dated 4.3.1881. Thereafter came the aforesaid Notification of 12th March, 1881 and the Municipality started collection of octroi duties for

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Jun 28 1971

Durga Dass Sud and anr. Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Jun-28-1971

Subject : Constitution

Acts : Constitution of India - Article 13(3), 31(1), 226, 366(10) and 372; ;Cantonments (House Accomodation) Act, 1902; ;Cantonment Act, 1924; ;Code of Civil Procedure (CPC) , 1908 - Section 11

Reported in : AIR1972HP26

dead-letter having no statutory force at any time. The land and the property of the Cantonment after the Cantonments Act 1924, could only be dealt with in accordance with the provisions of the said Act. It had further been … The bill was introduced in the Council of the Governor-General of India on 12th October 1888 and its Chapter V was headed 'Immoveable Property in Cantonments'. But subsequently due to some opposition this Chapter was omitted and … than Rs. 75,000/- and the rental value of the same is Rs. 4,422/- per-annum. Under the Army regulations, any land in the Cantonment under the

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Nov 06 1989

Jammu Cantonment Residents Assoc. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Decided on : Nov-06-1989

Subject : Other TaxesConstitution

Acts : Cantonment Act, 1924 - Sections 60, 61 and 62; ;Constitution of India

Reported in : AIR1990J& K56

with:'SRO 61, dated : 17th Feb. 1959:-- In exercise of the powers conferred by Section 60 of the Cantonments Act, 1924 (2 of 1924) The Cantonment Board, Jammu after having complied with the provisions of Sections 61 and 62 … Cantonment to impose taxes strictly according to the procedure established under and for the purposes of the Act.5. Chapter V of the Act relates to taxation and Section 60 of the Act authorises the Board to impose

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Jul 17 2002

Cantonment Board Vs. St. John's School and Anr.

Court : Allahabad

Decided on : Jul-17-2002

Subject : Municipal Tax

Acts : Cantonments Act, 1924 - Sections 87 and 99(2)

Reported in : 2002(4)AWC2795; (2002)2UPLBEC1892

passed by Additional District Judge, Meerut by which he has allowed an appeal under Section 84 of the Cantonments Act, 1924 (in short 'the Act') setting aside notice dated 24.3.1988 levying property tax on Bungalow No. 117 Bank Street, … interpretation of Section 99 of the Act providing for exemption of payment of tax on buildings falling under Chapter of special provisions relating to taxation. He submits that Clause (b) of Section 99(2) of the Act, exempts … the Drugs and Cosmetics Act, 1940 came for interpretation. Paragraphs 3 and 4 are relevant and are quoted as below :'3. Section 27 is the

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