Judgment Search Results Home > Cases Phrase: act 28 of 1958 sthanam properties assumption of temporary management and control and hindu succession amendment act 1958 1 Page 1 of about 270 results (0.156 seconds)

The Inspector Assistant Commissioner of Agricultural Income Tax and Sa ...

Court : Supreme Court of India

Reported in : AIR1971SC2513; [1972]84ITR370(SC); (1972)4SCC435; [1972]1SCR934

..... thereafter on may 12, 1958, sthanam properties (assumption of temporary management and) control) and hindu succession (amendment act 1958), act 28 of 1958 came into force. ..... cheria kunjunni raja, he filed a petition before that officer representing that he had nothing to do with the sthanam property and the sthanam property stood divided under section 7(3) of the hindu succession act, 1956 on the death of sreemanavikraman on may 2, 1958. ..... whatever might have been the customary law, section 7(3) of the hindu succession act-the validity of which was not in issue before us-by a fiction deems that the sthanam property stood divided amongst the stani and the members of his tarwad, a split second before his death. ..... hence it is sufficient for our present purpose to state that in view of section 7(3) of the hindu succession act, it must be held that on the death of sreemanavikaraman raja, each of the members of his tarwad took a per capita share in the sthanam property as co-owners and not as his heirs. ..... the court held that in view of section 7(3) of the hindu succession act, the sthanam property stood divided at the time of the death of sreemanavikraman raja into 693 shares, out of which 692 shares went to members of the tarwad of the deceased and one share to his personal heirs-wife and children. .....

S. Sankarappa Gounder Vs. K.C. Gopalan and ors.

Court : Kerala

Reported in : AIR1973Ker149

..... as amended by section 27 of the kerala sthanom properties (assumption of temporary management and control): and hindu succession (amendment) act, 1958 (act 28 of 1958). ..... ' the amendment of section 7(3) of the hindu succession act in its application to the state of kerala, was necessitated to provide for the devolution of properties attached to a sthanam in respect of which by the customary law of mala-bar females are entitled to succeed as sthanis and also to bring within the ambit of legislation the mappila marumak-kathayam ..... cannot agree, as in our view it is not necessary that because of the words 'held by him' in section 7(3) of the hindu succession act the sthanee should have !actual control over the sthanam properties at the time when the devolution based on section 7(3) of the hindu succession act opens.23. ..... effect of accepting the submission of the appellant is to give a charter to the sthenis in office on the date of the hindu succession act to unlawfully deal with the sthanam properties and thereby deprive the statutory heirs of their legitimate shares therein. ..... considerable stress was laid by the counsel appearing both for defendants 35 and 43 to show that these documents ere in the ordinary course of management of sthanam properties and some discretion has to be given to the sthani in the management of the sthanam property and in considering the question whether these leases are prudent acts of management, the court should not scrutinise these transactions very closely. .....

Rama Varma Bharathan Thampuran Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1979Ker181

..... the second was a more or less consequential statute of the local legislature, the kerala stanam properties (assumption of temporary management) act, 1958(act 28/58). ..... but, as the 3rd respondent did not want to assume management and control of the palliyara muthalpidy estate or other properties, he was executing the deedof renunciation in respect of all properties, the right to management of which was vested in the 2nd respondent, and which he renounced by ext. r2. ..... first, was the hindu succession act which by section 7 (1), made the interest of a member of a marumakka-thayam tarwad, a heritable interest, and by section 7 (3) provided for the statutory fragmentation of sthanam property on the death of a stani. ..... add to these, the disappearance of the status of the maharaja itself by the constitution 26th amendment, in the face of these provisions, there is little force or merit in the complaint or the lament made about the disappearance of the provisions for the request of the majority of major members for partition or for the satisfaction of the maharaja in regard to the partition, or about his powers to control, within limits, the partition to be effected. .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... stated, that section 11b(1), the proviso thereto, section 11b(2) and section 11b(3) read together will apply only to (1) refund applications made before the amendment of the act and still pending on the date of commencement of amendment act, 1991 and (2) applications contemplated under law to obtain refund and filed after the commencement of the amendment act, 1991 (cases dealt with in paras 5 and 29 of this judgment will not be covered by the above ..... of succession to property other than agricultural land, estate duty in respect of property other than agricultural land, terminal taxes on goods or passengers, taxes on railway fares and freights, taxes other than stamp duties on transactions in stock-exchanges and futures markets and taxes on the sale or purchase of newspapers and on advertisements ..... temporary) control of rent and eviction act ..... said observations thus:.it is necessary to add that these observations, though made in somewhat wide terms, do not justify the assumption that if a decision has been made by a taxing authority under provisions of the relevant taxing statute, its validity can be challenged by a suit on the ground that it is incorrect on the merits and as such, it can be claimed that the provisions of the said statute have not been complied with. ..... such a limit would achieve the same policy ends as the 'reasonable and just' limit in provisions such as section 33 of the taxes management act 1970 and, if so, it might provide a useful method of achieving a ..... hindu ..... 1958 .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... has jurisdiction and control over the court of session or the magistrate, but under the scheme of the act there is a wall of ..... , indulging in wanton killing of persons or in violence or in the disruption of services or means of communications essential to the community or in damaging property with a view to commit any of the offenses enumerated under any of the clauses (i) to (iv) indicated under the definition of the word 'terrorist';(3) the scheduled ..... (1973) 1 scc 80540 (1982) 1 scc 271: 1982 scc (cri) 152: (1982) 2 scr 272 99 (1949) 1 all er 109100 (1958) 2 all er 579: (1958) 1 wlr 762 58 air 1988 p&h 95: (1988) 93 punj lr 189: 1988 cri lj 169 686notwithstanding the conclusion, the court has observed ..... may devise a suitable mode of redress by making the necessary amendments in the appeal provisions, as suggested during the discussion of the validity of section 19; (13) sub-section (3) and (4)(a) of section 20 do not suffer from any infirmity on account of the inclusion of the executive magistrate and special executive magistrate within the purview of sections 164 ..... different parts or branches of the government have been sufficiently differentiated and consequently it can very well be said that our constitution does not contemplate assumption, by one organ or part of the state, ..... own in order to721please or to gain some temporary advantage bail, termination ..... from the defence the names and addresses of the witnesses without which the accused cannot prepare his defence or successfully defend himself at ..... . .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... amendment) act, is ultra vires the basic structure of the constitution as it enables proliferation of the tribunal system and makes serious inroads into the independence of the judiciary by providing a parallel system of administration of justice, in which the executive has retained extensive ..... and criminal law, for example hindu joint family law, partnership, sale of goods, contracts, mohammedan law, company law, law relating to trusts and societies, transfer of property, law relating to intellectual property, interpretation of statutes ..... of this act and is a member of the institute of the company secretaries of india constituted under the company secretaries act, 1980 (56 of 1980); or (f) is a person of ability, integrity and standing having special knowledge of, and professional experience of not less than twenty years in science, technology, economics, banking, industry, law, matters relating to industrial finance, industrial management, industrial ..... for adequate reasons permit a bench to hold its temporary sitting for a period not exceeding fifteen days at a place other than its ordinary place of seat ..... it can never attack with success either of the other two; and that all possible care ..... assumption, and though all of them may be liable to error, it can be corrected in the manner and by the method prescribed under the constitution ..... act, 1956, section 27 of the wealth tax act, 1957, section 26 of the gift tax act, 1958, and section 18 of the companies (profits) surtax .....

P. Mohanraj Vs. M/s. Shah Brothers Ispat Pvt. Ltd.

Court : Supreme Court of India

..... new section should be inserted to provide that where the corporate debtor is successfully resolved, it should not be held liable for any offence committed prior to the commencement of the cirp, unless the successful resolution applicant was also involved in the commission of the offence, or was a related party, promoter or other person in management and control of the corporate debtor at the time of or any time following the ..... the interplay between section14and section32 of the ibc30 shri mehta, however, strongly relied upon section 32a(1) of the ibc, which was introduced by the insolvency and bankruptcy code (amendment) act, 2020, to argue that the first proviso to section 32a(1) would make it clear that prosecutions that had been instituted during the corporate insolvency resolution process ..... such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied or in default, to suffer imprisonment for a term which may extend ..... on the contrary, on the assumption that it would so extend, a distinction was made between personal liability of the directors of the undertaking and the undertaking itself, stating that as the employer under the employees provident fund scheme would only refer to those individuals managing the relief undertaking and not the relief undertaking itself, the personal liability of ..... contained in the bombay relief undertakings (special provisions) act, 1958. .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438

..... possible to adjust the structure and methods of the corporate form of business management with a view to weaving an integrated pattern of relationships as between promoters, investors and the management, principal among them being the legitimate rights of investors and the interest of creditor, labour and other partners in production and distribution may be duly safeguarded and the attainment of the ultimate ..... and reasons while introducing the 1974 amendment act which incorporated section 58a in the companies act, it was designed to meet cases of abuse or distortion of system which have, of late, assumed comparatively serious proportion and a stringent measure of control ..... clause of the deposit rules, the exclusionary clause is so widely worded that it has successfully kept a large number of similarly situated corporations outside the purview of the act and the picking and choosing is so arbitrary that one can say with confidence that only private sector companies are ..... 10% of the amount of deposits maturing in the year constitutes temporary deprivation of property without any countervailing obligation or benefit and therefore it is ultra vires the constitution.8. ..... the submission on the assumption that rule 3a cannot extend even a semblance of protection to depositor, it was urged that if it was to be viewed in the wider spectrum of regulation of credit system of the country, control of the circulation of the money in india's economy and imposing financial discipline on ..... 1958 .....

Secretary, Ministry of Information and Broadcasting, Govt. of India an ...

Court : Supreme Court of India

Reported in : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036

..... and bureaucratic control and to have an independent authority to manage and control ..... federal communications act nor the first amendment, assuming that there was governmental action for first amendment purposes, required broadcasters to accept editorial advertisements, notwithstanding that they accepted commercial advertisement, and (4) the ..... since the airwaves/frequencies are a public property and are also limited, they have to be used in the best interest of the society and this can be done either by a ..... temporary privilege of using them.referring to the contention that although at one time the lack of available frequencies for all who wished to use them justified the government's choice of those who would best serve the public interest by acting ..... and that the said 'cannot be successfully accomplished unless it is grounded in the principle of pluralism, of which the state is the ultimate guarantor', i find it difficult to agree that such pluralism cannot be ensured by a public/ statutory corporation of the nature already in existence in austria and ..... assumption ..... act ultimately imposed as many restraints on broadcasters' freedom as there were in force earlier.france :para 11 of the declaration of the rights of man adopted by the national assembly in 1789 - affirmed in the preamble to the constitution of the fifth republic (1958) and treated as binding on all branches of the government - guarantees freedom of dissemination of thought and ..... and published it in the daily newspaper 'hindu .....

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... act and had conferred on hindu widows certain rights over properties which devolved by intestate succession and ..... any local authority, lands under the management of the court of wards (this being a temporary exemption for three years from the commencement of the act), lands comprised in mills, factories or workshops and necessary for the use thereof, lands comprised in private forests and plantations (plantations, as section 2 ..... that article 31-a (first introduced with retrospective effect by the constitution (first amendment) act, 1951, and subsequently amended with like effect by the fourth and seventeenth amendment acts of 1955 and 1964 respectively) hits been prospectively struck down with the result that statutes ..... and holding of essential commodities, laws such as the gold control laws, which are regarded as necessary for preserving the economy of the country, and laws forbidding or controlling imports, would not be applicable to religious denominations and such a denomination would be free to acquire property, both movable and immovable, by any means howsoever illegal and to hold such property ..... and assume ownership of the land in such manner as may be prescribed and upon such surrender or assumption ..... 1958 orissa 18 the court said that a village granted for the maintenance of the deity of shri jagannath mahaprabhu could be acquired under the provisions of the estates abolition act, that that would not interfere with the fundamental right under article 26 of the constitution, and .....