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Dy. Collector and anr. Vs. S. Venkata Ramanaiah and anr.

Court : Supreme Court of India

Reported in : AIR1996SC224; JT1995(7)SC1; 1995(5)SCALE521; (1995)6SCC545; [1995]Supp3SCR748

..... of evidence which may be pressed in service in a properly constituted enquiry in cases where the main provision of section 3(1)(a) gets attracted meaning thereby if in connection with any transfers of immovable property situated in agency tracts effected after the coming into operation of section 3(1)(a), a question arises whether the transfer was made by a transferor who was a member of a scheduled tribe and if it is shown that such transferred land ..... in the present case even though the sale was of the land situated in adilabad district of telengana region which was forming a part and parcel of the agency tracts, as the transaction was of 3.6.1951, much prior to the coming into force of the regulation i of 1959 as amended by regulation ii of 1963 which became effective in adilabad from ..... (1) the provisions contained in this regulation shall not affect-(a) any transfer made or sale effected in execution of a decree before the commencement of the agency tracts interest and land transfer act, 1917 (madras act i of 1917), or(b) any transfer made or sale effected in execution of a decree after the commencement of the ..... a scheduled tribe' as found in section 3(1)(a) were inserted by regulation i of 1970 meaning thereby prior to the amending regulation coming into force section 3(1)(a) hit transfers of immovable property situated in agency tracts by only a member of a scheduled tribe and if such transfer was made by a non-tribal such transaction was outside the sweep of section 3(1)(a). .....

Redaul HussaIn Khan Vs. National Investigation Agency

Court : Supreme Court of India

Reported in : JT2009(15)SC224; 2009(14)SCALE105; (2010)1SCC521

..... ghosh urged that in order to attract the provisions of section 17 of the aforesaid act it would be necessary for the investigating agency to show that the petitioner had either collected funds for or provided funds to dhd(j) having knowledge that such funds were likely to be used by the said organization to commit a terrorist act.7. mr. ..... while the investigation was pending with the state police, the national investigating agency constituted under the national investigation agency act, 2008 (hereinafter referred to as 'the 2008 act') took over the investigation on 5th june, 2009 and the case was renumbered as n.i.a. ..... a separate first information report was also filed by the national investigating agency (hereinafter referred to as 'nia) in the court of the chief judicial magistrate, kamrup. ..... on the prayer made on behalf of the investigating agency, the chief judicial magistrate, kamrup, sent the petitioner to police custody on 31st may, 2009. .....

R (on the Application of Edwards and Another Vs. Environment Agency an ...

Court : UK Supreme Court

..... the answers of the cjeu were given in a judgment dated 11 april 2013: edwards v environment agency (no 2) (case c-260/11) [2013] 1 wlr 2914 (following an opinion of advocate general kokott dated ..... however, as she had recognised in her earlier opinion (2012 opinion in edwards v environment agency (no 2) (case c-260/11) [2013] 1 wlr 2914, paras 58-61), while "prohibitive costs must be prevented at all levels of jurisdiction", the considerations may differ ..... mr wolfe relies on the last sentence of para 40 of the judgment in edwards v environment agency (no 2 ) (case c-260/11) [2013] 1 wlr 2914, supported as he says by the advocate general's 2013 opinion in commission of the european union v united kingdom (case c-530/11, bailii: [2013] euecj c-530/11), para 55: " the correct position ..... he upheld a complaint of procedural unfairness by the agency arising from failure to disclose an internal assessment report "aqmau 1" relating to emissions of "particulate matter" (pm10), but exercised his ..... dismissal of the substantive appeal, and the making of an order for costs against the effective appellant, mrs pallikaropoulos (edwards v environment agency [2008] 1 wlr 1587; [2008] ukhl 22). ..... out of the order for costs of the appeal in the house of lords made on 18 july 2008 in favour of both respondents, the environment agency and the secretary of state. ..... on 12 august 2003 the environment agency issued a permit to continue operations with an alteration in its fuel from coal and petroleum .....

Government of Orissa Vs. Ashok Transport Agency and ors.

Court : Supreme Court of India

Reported in : 2005(1)AWC396(SC); [2005]123CompCas226(SC); (2005)3CompLJ10(SC); [2005(2)JCR281(SC)]; JT2004(10)SC599; 2004(9)SCALE384; (2005)1SCC536

..... m/s ashok transport agency, respondent no. .....

Lakshminarayan Ram Gopal and Son Ltd. Vs. the Government of Hyderabad

Court : Supreme Court of India

Reported in : AIR1954SC364; [1954]25ITR449(SC); [1955]1SCR393

..... the whole work of management which the appellants did for the company within the powers conferred upon them under article 116 of the articles of association and clause 3 of the agency agreement consisted of numerous and continuous operations and comprised of various services which were rendered by the appellants as the agents of the company ..... . but the day to day management of the business of the company as detailed in article 116 of the articles of association and clause 3 of the agency agreement above set out was within the discretion of the appellants and apart from directing what work the appellants had to do as the agents of the company the directors had not conferred upon ..... even though the position of the appellants qua the company was that of agents and not servants as stated above it remains to be determined whether the work which they did under the agency agreement amounted to carrying on business so as to constitute the remuneration which they received thereunder income, profits or gains from business ..... . the power to assign the agreement and the rights of the appellants thereunder reserved to them under clause 9 of the agency agreement though subject to the approval and sanction of the board was hardly a power which could be vested in a ..... . the work which the appellants did under the terms of the agency agreement constituted neither trade, commerce or manufacture or any adventure in the nature of trade, commerce or manufacture nor was it a profession or vocation. .....

French India Importing Corporation, Delhi Vs. the Chief Controller of ...

Court : Supreme Court of India

Reported in : AIR1961SC1752; 1983LC2169D(SC); [1962]2SCR410

..... with great respect of our learned brethren, who have taken the contrary view, we are of opinion that as long as the universal imports agency case : [1961]1scr305 is not held to have been wrongly decided, we are bound by the authority of that decision to hold that the petitioners are entitled to relief against the levy of customs duty ..... sen - learned counsel for the respondent - urged some points of distinction between the facts in the universal imports agency's case : [1961]1scr305 and the case now before us, but having examined them we find there is no substance in ..... of the indo-french agreement were referred to in the majority judgment in the universal imports agency case and it was said that the conclusion already reached were reinforced by what appeared in ..... in all the three petitions which were before the court in the universal imports agency case, the petitioners had entered into firm contracts of purchase by import with foreign sellers, before the date of merger of pondicherry with india; in all the cases, the goods reached the destination, the ..... we are of opinion that on the law as laid down in the universal imports agency case the importation of goods in the present case in pursuance of a contract which was concluded before the date of the commencement of the ..... see how that benefit can be denied in respect of customs duty, unless we refuse to apply the principles laid down in the university imports agency case; and we cannot see how we can refuse to apply these principles. .....

Commissioner of Wealth Tax, Calcutta Vs. Mrs. O.M.M. Kinnison (Dead), ...

Court : Supreme Court of India

Reported in : AIR1986SC2019; [1986]161ITR824(SC); 1986(2)SCALE355; (1986)4SCC297; [1986]3SCR674

..... the contention was repelled by the appellate assistant commissioner, who held that the assessee possessed rights and interest in the shares and the managing agency which were tangible moveable properties located in india and, therefore, subject to wealth-tax under the wealth-tax act. ..... while the legal ownership of the trust properties including the shares and the managing agency vested in the trustees and remained so vested, the beneficial interest of the assessee did not extend to any right in any of the trust properties in specie and did not confer upon her any right of ownership ..... kinnison comprising inter alia of the shares in an indian company and commission from the managing agency of an indian company can be said to have an interest in such shares and commission and that such interest is property located in india so as to be taxable under the wealth-tax act?2. ..... the high court observed that ordinarily, as the shares and managing agency were both located in india, the right of the assessee to receive income out of such trust property from the trustees would have constituted an asset located in india for the purposes of the wealth-tax act, ..... question is whether during the year ending on the valuation date her life interest in the testamentary estate of her husband clive hastings kinnison consisting of the indian shares and the commission from the managing agency of the indian companies could be said to constitute an asset located outside india.10. .....

Tashi Delek Gaming Solutions Ltd. and anr. Vs. State of Karnataka and ...

Court : Supreme Court of India

Reported in : AIR2006SC661; 2006(1)CTC208; 2007(1)CTLJ121(SC); JT2005(10)SC458; (2006)1SCC442; 2006(1)LC309(SC)

..... authority of an agent may be express or implied in terms of section 186 thereof section 202 of the contract act provides that where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. ..... with the state governments were maintainable and, in that view of the matter, the findings of the division bench to the effect that the appellants could not enforce or vindicate their rights under the contract of agency with the state of sikkim is erroneous.11. ..... this is clearly a case of an 'agency coupled with interest' and therefore the ordinary rule laid down in section 230 is inapplicable. ..... this rule extends in england to auctioneers and factors, and is thus expressed in bowstead on agency, 7th edn., p. ..... such agencies are contemplated under the laws of contract. ..... the person for whom such act is done, or who is so represented, is called the 'principal' section 185 of the contract act postulates that no consideration is necessary to create an 'agency. .....

Commissioner of Income-tax, Gujarat Vs. Distributors (Baroda) P. Ltd.

Court : Supreme Court of India

Reported in : [1972]83ITR377(SC)

..... the finding of the tribunal on this point is stated thus:we agree with the assessee that the shares in the managed-companies were acquired with a view to safely hold the managing agencies, but we do not agree that for that reason only those shares cannot be taken into account for the purpose of a business of dealing in or holding of investments. 22. ..... , as during the previous years to the assessment years in question, the assessee-company's income from its business activity ' in the dealing in or holding of investments ' was very much more than its income from its managing agencies and further as it had used a very large portion of its assets in the former activity, it must be considered as an ' investment company '-an expression not found in the act. ..... if we add the dividend income of the shares of the managed companies to the managing agency commission, the total income from those two sources is much more than the income earned by the assessee-company from its share dealings, in each one of the assessment years. ..... the investments made by the assessee-company in the shares of the managed-companies are essentially linked with its managing agencies and not with the dealing of that company in shares of the other companies. ..... in 1956, the said managing agency agreement was also renewed for a period of five years for the very reason referred to earlier.7. ..... in 1956, the said managing agency was renewed for a period of five years in view of the provisions of the companies act, 1956.6. .....

M/S. Sikkim Subba Associates Vs. State of Sikkim

Court : Supreme Court of India

Reported in : AIR2001SC2062; JT2001(5)SC186; 2001(3)SCALE721; (2001)5SCC629; [2001]3SCR261

..... recording a finding on the basis of indisputable facts that except for the first set of draws in respect of eight lotteries in groups a & b, the prize money obliged to be deposited seven days before the draw) as well as the agency fee running to crores was not deposited/remitted in time constraining thereby the state of mobilize funds to distribute prize money from state funds in order to preserve and protect the fair name and reputation of ..... illustrate r-25 dated 7.8.91 written to the appellants may be usefully extracted:-'i have been repeatedly reminding you for sending government dues of agency fees and prize money but it seems that you are not bothering to care for it ..... ignore, the fact that the initial preparations to float the publicise the scheme of lotteries in question involving considerable expenditure did not bring to them the expected returns, on account of the premature termination of the agency agreement and the encashment and appropriation of the bank guarantees ..... . i am, therefore, directed to inform you that if we do not receive agency fees together with 18% interest and prize money by the end of the next week, we shall be constrained to stop all your lottery draws without any further notice which may please note: this may be ..... . lost of eight lotteries-agency fee- 1,15,09,517interest- 5,25,5343rd .lost of eight lotteries-agency fee- 48,46,154,------------------- total rs:- 2,89,97,725-------------------- (rupees two crores eighty nine lakhs ninety seven thousand seven hundred twenty .....