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A.P. Krishnasami Naidu Etc. Vs. State of Madras

Court : Supreme Court of India

Reported in : AIR1964SC1515; [1964]7SCR82

..... family; nor are we able to understand why this discrimination which clearly result from the application of s. 5(1) of the act is not violative of art. 14 of the constitution. examples can be multiplied with reference to joint hindu families which would show that ..... . 14 in the same manner as s. 58 of the kerala act was struck down. 5. we are of opinion that this contention is correct and the ratio of that case applies with full force to the present case. it was observed in that case that 'where ..... the constitutionality of the madras land reforms (fixation of ceiling on land act, no. 58 of 1961 (hereinafter referred to as the act), which was assented to by the president on april 13, 1962 and came into force on publication in the fort st. george gazette on may 2, ..... 1962. the constitutionality of the act is attacked on the ground that it violates arts. 14, 19 and 31(2) of .....

Krishna Kumar Singh and anr. Etc. Etc. Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1998SC2288; JT1998(4)SC58; (1998)IIIMLJ100(SC); 1998(3)SCALE482; (1998)5SCC643; [1998]3SCR206

..... set aside the elections held for cuttack municipality on the ground that electoral rolls had not been prepared in accordance with the provisions of the orissa municipalities act, 1950. the state took the view that the judgment affected not merely the cuttack municipality but other municipalities as well as accordingly the governor promulgated an ordinance ..... or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this act as if this act were in force on the date on which such thing was done or action taken.'49. this fourth ordinance now contemplates enquiry and investigation which was not ..... an express constitutional provision which extends the life of laws enacted during the proclamation of president's rule beyond the period during which the proclamation was in force/there is no such provision relating to the ordinance promulgated under article 213. the effect of an ordinance cannot, therefore, last beyond its life-time. the .....

R. Karuppan Vs. R. Namachivayam

Court : Chennai

Reported in : 1998(99)ELT214(Mad)

..... act, 1962. the appellant was asked to submit his reply with 15 days from the date of receipt of show cause notice. 5. the appellant sent a reply to the show cause notice on 19-2-1996 which was received by the department on 20-2-1996. the deputy commissioner of customs (airport) madras by order no. o.s. 377/96-air ..... launchers imported by the appellant as unaccompanied baggage and therefore, the said position runs counter to the practice hitherto in vogue and all statutory notifications that are in force. 20. the appellant further contended that the learned single judge has failed to consider that the adjudication order did not even consider that the earlier clearance was ..... '. the said para 34 reads thus : '34. import of gifts. - import of gifts shall be permitted according to the baggage rules for the time being in force. import of goods which are other-wise freely importable under this policy shall also be permitted as import of gifts without a customs clearance permit (ccp). in any other .....

Employees' State Insurance Corpn., Madras Vs. Shanmugha theatres, Coim ...

Court : Chennai

Reported in : 1997(2)CTC725; (1998)IMLJ89

..... by the dominion legislature and was assented to by the governor general of india on april 19, 1948. under section 1(3) of the act, that act was brought into force by notification in the official gazette. from volume 18 of the civil court manual published by the madras law journal, it is found that chapters ..... 21 was relied on by the supreme court. the supreme court stated that their conclusion in this regard receive support from the decision of the judicial committee in air 1916 pc 21 referred to earlier. 42. the decisions reported in penugonda radhakrishnamurthy v. ethirajulu chetty : air1945mad184 , kevelchand daga v. girdhardoss 1961 2 mlj 528 ..... reference in clause 15 of the letters patent to section 108 should be read as a reference to the corresponding provisions of the government of india act, (section 223) and the constitution of india, 1950 (article 225). indian electric works v. registrar of trade marks : air1947cal49 , overruled.' 16. the appeal in shah babylal khimji v. jayaben .....

C.Radhakrishnama Naidu and Oth Vs. The Government of andhra Pradesh,r ...

Court : Andhra Pradesh

..... of sale, gift, exchange, mortgage or transfer of waqf property and the same reads as follows: (1) notwithstanding anything contained in this act or any other law for the time being in force or any waqf deed, no person shall sell, gift exchange, mortgage or transfer any moveable or immoveable property which is a waqf property ..... district in which, and if they have been executed on or after the date on which, act no.xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely: (a) instruments of gift of immovable property; (b) other non-testamentary instruments ..... 143: property of charitable or religious institution or endowment not to vest under the law of limitation after commencement of this act:- nothing in any law of limitation for the time being in force shall be deemed to vest in any person the property or funds of any charitable or religious institution or endowment which have .....

Rajareddy Mallaram Vs. Commissioner of Income-tax, Hyderabad

Court : Andhra Pradesh

Reported in : AIR1961AP7; [1960]39ITR636(AP)

..... become dissolved at the end of 1358 fasli that is, even before the assessment proceedings were started.7. section 44 of the indian income-tax act as it stood and was in force at the relevant time ran as follows:'44. where any business, profession or vocation carried on by a firm or association of persons has been ..... (ap) and : air1960ap23 the question arose as to whether the word 'assessment' in section 44 comprehends penalty. at pages 216-217 (of itr); (at p. 26 of air) it was observed as follows:'it is because the acceptance of the theory that the word ''assessment' comprehends penalty was beset with difficulties, and the madras high court has pointed ..... business from 7-10-1944 and dissolved their association after the close of that account year. notice under section 34 of the act was served on one of the partners, viz. kumaraswami chettiar, in march 1950 i. e., long after the dissolution of the association. that member returned the notice saying that the business was being managed .....

Prem Lal Patel Vs. State of U. P. Through Secretary, Panchayati Raj an ...

Court : Allahabad

Reported in : 2000(3)AWC2159

..... ground that the ordinance is ultra vires to the provisions of article 243-e(3)(a) of the constitution of india which came into force on 24th april. 1993. by the constitution (seventy-third) amendment act, 1992. before dealing with the vires of the ordinance, it would be relevant to reproduce article 243e of the constitution of india.243- ..... elections to the panchayats.31. the constitutional flat contained in article 243e is to the extent that every panchayat unless dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. the mandate is absolute. no panchayat can function for more than ..... we have taken is fortified by the pronouncement of a division bench of karnataka high court in professor b. k. chandra-shekhar and another v. state of karnataka. air 1999 karn 461.38. in view of what has been indicated hereinabove, the writ petition succeeds and is allowed. the entire ordinance no. 10 of 2000, by means .....

Raj Kumar Kishorepuria Vs. General Manager, Securities and Exchange Bo ...

Court : Kolkata

Reported in : IV(2005)BC538,[2005]127CompCas18(Cal),(2005)4CompLJ525(Cal),[2005]63SCL1(Cal)

..... is, therefore, my view that changes effected to the situation in this case are nothing but mere procedural changes, and that they shall apply with full force to the case of the petitioner in view of specific provisions of regulation 13 of the new regulations.15. moreover, it is apparent from the impugned post ..... august 2004.2. by the notice he was asked to show cause why proceedings should not be initiated against him under the securities and exchange board of india act, 1992, section 11b, read with the securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to securities market) regulations, 1995, ..... and exchange board of india (seb1)] to make regulations for carrying out the purposes of the act. in exercise of such power, it first made the 1995 regulations, which were repealed by the 2003 regulations (now in force), providing by their regulation 13 that notwithstanding the repeal, violations of provisions of the repealed regulations shall .....

The Royal Asiatic Society of Bengal Vs. Corporation of Calcutta and an ...

Court : Kolkata

Reported in : AIR1952Cal501,55CWN651

..... subsections 1 and 2 of section 142 remains in force only so long as the valuation in question remains in force. if by an act of the corporation authorities the valuation arrived at on a previous occasion is revised in any manner contemplated by section 131 it ..... under section 140 shall, subject to the provisions of section 141, be final. according to the learned judge the finality which attaches to the general revaluation remains in force even after a fresh valuation has been made under section 131. we do not think that this view is correct. in our opinion, the finality referred to in ..... the order of the deputy executive officer the appellant filed an appeal to the small causes court calcutta under the provisions of section 141 of the calcutta municipal act. the learned judge of the small causes court dismissed the appeal of the appellant on the preliminary ground that the appellant was not entitled to question the valuation .....

M/s. Raman Boards Ltd., rep. by its Asst. Vice President, Finance and ...

Court : Karnataka

..... interpreted here is in a taxing statute; full effect should be given to all the words used therein. if a particular article would fall within a description, by the force of words used, it is impermissible to ignore that description and denote the article under another entry, by a process of reasoning. the meanings given to articles in a ..... in order and does not call for any interference at our hands. the question for consideration is whether the expression used in explanation ii to entry 16b as was in force at the relevant time would include paper boards, pulp boards, and duplex boards. the expression used in entry 16b is only paper . the legislative history indicates that the ..... implication. 17. the supreme court in the case of state of u.p. and another reported in air 1977 sc 132, has held as under: 7. the word paper admittedly not having been defined either in the u.p. sales tax act, 1948 or the rules made thereunder, it has to be understood according to the afore-said well established .....