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Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.
Supreme Court of India
Sep-12-1988
Criminal
Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40
AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)
the course of his submissions, he has brought to our notice the words in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which the … CrPC, 1973. Similar provisions are contained in Section 18(6) of the Bengal C.& P. Works Ltd. Act, 1980, Section 21(6) of the Bengal Immunity Co. Ltd. (Acquisition & T.O.U.) Act, 1984, Section 19(6) of the Bird & Company
Tag this Judgment! AI Brief & AskVoltas Limited Vs. the State of Jharkhand and ors.
Jharkhand
Jun-22-2006
Sales TaxLimitation
Indian Companies Act, 1913; Bihar Finance Act, 1981 - Sections 12, 13, 17(5), 18, 19(1), 21, 21(1), 24 and 58; Bihar Finance Rule, 1981 - Rule 13A; Rajasthan Sales Tax Act - Sections 5(3); Rajasthan Sales Tax Rule - Rule 29(2); 46th Amendment Constitution of India - Article 366(29A)
[2006(3)JCR518(Jhr)]
one place to another and the sale of such air-conditioners is chargeable to sales tax under the Bihar Finance Act, 1981 under Entry No. 116 of the Schedule at the rate of 16%.6. One of the disputes in … common judgment.2. Four of the writ petitions relate to the assessment years 1985-86 to 1988-89, wherein, the petitioner has exhausted all its statutory remedies, such … in the case of C.I.O. Tyres Ltd. v. State of Bihar reported in 1990(1) P.L.J.R. 397 had declared Section 21(1)(a)(i), as it then stood, as ultra vires.15. In the case of Gannon Dunkerly & Co. Ltd. v. State
Tag this Judgment! AI Brief & AskParle Biscuits (P) Ltd. Vs. the State of Bihar and ors.
Supreme Court of India
Dec-15-2004
Sales Tax
Bihar Finance Act, 1981 - Sections 13, 13(1) and 21(1); Bihar Finance (Amendment) Act, 1985 - Sections 13(1) and 21; ;Companies Act, 1956; Central Sales Tax Act, 1956 - Sections 7, 11(1), 11(2), 11(4), 12(2), 14 and 21; Bihar Electricity Duty Act, 1948 - Sections 3(1); Bihar and Orissa General Clauses Act, 1917 - Sections 24 and 27
2003(51)BLJR2064; 2005(192)ELT23(SC); [2005(3)JCR46(SC)]; JT2004(10)SC449; (2005)9SCC669; [2005]139STC204(SC)
High Court holding that notification S.O. 154, dated 28.1.1985 issued under proviso to Section 13(1) of the Bihar Finance Act, 1981 (in short the 'Act') in relation to sale and purchase of packing materials, is applicable to the … exempted from sales tax as its sale price was not included in the 'taxable turnover' as defined under Section 21(1)(c) of the Act. The said provision was amended w.e.f. 1.8.1985 and the provision with regard to non-inclusion of
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Commissioner of Income-tax Vs. M.K. Vaidya
Karnataka
Jun-11-1992
Direct Taxation
Income Tax Act, 1961 - Sections 2(24), 17, 17(2), 17(3), 28, 36, 40A(5), 80J and 119
[1997]224ITR186(KAR); [1997]224ITR186(Karn)
Clause (vi) was to be in operation from April 1, 1985, however, it was omitted while enacting the Finance Act, 1985. Clause 20 of the Memorandum explaining the provisions of the Finance Bill, 1985, states that, as a measure … clause (vi) had to be inserted by the Amendment Act of 1984. 21. Section 17(2) purports to include certain benefits and amenities in the term … J. 1. In respect of the assessment years 1978-79 and 1980-81, the following question has been referred under section 256(2) of the Income-tax Act, 1961 ('the Act', for short) : 'Whether, on the facts and in the
Tag this Judgment! AI Brief & AskBurlingtons of Bombay Vs. Third Income-tax Officer
Income Tax Appellate Tribunal ITAT Mumbai
Oct-04-1991
Direct Taxation
(1992)40ITD384(Mum.)
Departmental Representative pointed out that the language of Section 80HHC, as it stood before its amendment by the Finance Act, 1985, with effect from 1-4-1986, was slightly different. Clause (1) of Section 80HHC which was first inserted by the … obtained import licence of Rs. 9,700 on 19-8-1983 (p. 23 of the compilation) and of Rs. 6,800 on 21-1-1983 [copy filed]. It would appear that the assessee had made a claim for import entitlement of Rs. 9,750
Tag this Judgment! AI Brief & AskThe State of West Bengal and ors. Vs. Kamal Sengupta and anr.
Supreme Court of India
Jun-16-2008
Service
Administrative Tribunals Act, 1985 - Sections 4, 21, 22 and 22(3); Limitation Act, 1963 - Sections 14; Constitution of India (Forty-second Amendment) Act, 1976 - Sections 46; Evidence Act, 1872 - Sections 123 and 124; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) , 1908 - Sections 114, 206 and 623 - Order 47, Rule 1; West Bengal (Revision of Pay and Allowance) Rules, 1981; West Bengal (Revision of Pay and Allowance) Rules, 1990 - Rule 2; Constitution of India - Articles 14, 16, 21, 226, 309, 323A and 323B
2008(4)AWC3764(SC); 2008(56)BLJR2317; (2009)1CALLT21(SC); JT2008(8)SC317; 2008(3)SLJ209(SC)
was not within their knowledge, they were not praying for review, which was admissible under the provisions of Section 21 of the Administrative Tribunals Act, 1985 and also under Section 14 of the Limitation Act, 1963. In our … No. 1547 of 1995 for quashing letter dated 6.1.1995 vide which the Finance Department of the State Government rejected their claim for grant of Pay … it for extending the benefit of Scale - Impugned Orders set aside - Appeal allowed - ADMINISTRATIVE TRIBUNALS ACT, 1985. Section 22(3)(f): [B.N. Agrawal & G.S. Singhvi, JJ] Power of Review Question whether the Tribunal can review its decision
Tag this Judgment! AI Brief & AskPoonam Verma and ors. Vs. Delhi Development Authority
Supreme Court of India
Dec-13-2007
Property
Delhi Development Act, 1957 - Sections 41, 56 and 56(2); Consumer Protection Act, 1985; Electricity (Supply) Act; General Clauses Act - Sections 21; Constitution of India - Articles 12, 14, 166 and 309
AIR2008SC870; 2007(14)SCALE485; 2008AIRSCW199; 2008(1)LH(SC)327; AIR2008SC870; 2008(1)LH(SC)327.
Disputes Redressal Commission. During pendency of the said application, they approached the Finance Member and Chairman of the respondent to place their case before the … Section 56(2)(r) thereof were not applicable, the question of issuing any direction purported to be in terms of Section 21 of the General Clauses Act, as has been submitted by Mr. Ram Prakash, did not arise.17. M.P. Gangadharan … permitted to claim an equitable right despite their unsuccessful attempt before the Forums created under the Consumer Protection Act, 1985.10. Indisputably, the Scheme was an independent one. It was a Self Financing Housing Registration Scheme. Other similar schemes
Tag this Judgment! AI Brief & AskAbdul Mateen Vs. Uoi and anr
Delhi
Nov-06-2012
Narcotics
notification S.O. No. 2941 (E) dated 18.11.2009 issued by the Ministry of Finance, Department of Revenue, Government of India on the ground that it is … Revenue, Government of India on the ground that it is ultra vires the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).2. The petitioner is a citizen of Afganistan and is facing trial … v. Niyamatulah & Ors. which arises out of FIR No. 212/2009 of Police Station Crime Branch registered under section 21(c) of the NDPS Act. An alleged recovery of 500 grams of heroin was made from, inter alia, the
Tag this Judgment! AI Brief & AskJones (Respondent) Vs. Garnett (Her Majesty's Inspector of Taxes) (App ...
House of Lords
Jul-25-2007
Land Acquisition
disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the Finance Act 1936 (provisions as to income settled on children), which was capable of applying to … this case only became of practical importance when separate taxation of husband and wife was introduced by the Finance Act 1989. That did not mean, however, that Parliament was necessarily willing to allow one spouse to reduce his … assets on a winding up, to block a special resolution, to complain under section 459 of the Companies Act 1985. These are all rights over and above the right to income. The ordinary share is different from the
Tag this Judgment! AI Brief & AskUnion of India Vs. M/S Unicorn Industries
Supreme Court of India
Sep-19-2019
Land Acquisition
of the amendment was that the product ‘pan masala’ falling under Chapter 21 of the First 4 Schedule of the Central Excise Tariff Act, 1985, … granted by the Policy 1997 through various instruments of law in the form of Section 154 of the Finance Act 2003 read with Schedule 9 thereto as well as the notifications under Section 5A of the Central Excise … 09.09.2003, exempted the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) other than the goods specified in Annexure-I to the said Notification, from the payment of
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