Court : Madhya Pradesh Jabalpur
..... issued to the petitioners under section 13(2) of the sarfaesi act, which was ultimately dismissed by order dated 7-3-2008 observing therein that the appropriate remedy available to the petitioners was to approach the debt ..... the petitioners have filed this petition raising several legal and factual issues challenging the order passed by respondent no.3 under section 14(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, whereby possession of the petitioners' property has been directed to be taken over, after arguing at length and after hearing the submissions of the learned counsel appearing for respondent nos.1 & ..... supra), in mind, wherein it has been held that the high courts should not exercise its jurisdiction under article 226 of the constitution to entertain proceedings initiated under the sarfaesi act as the appropriate remedy available to the petitioner is to approach the debt recovery tribunal. ..... is clear that in proceedings for recovery and possession taken under the provisions of the sarfaesi act, the appropriate remedy available to the petitioners is to approach the debt recovery tribunal. ..... 15859/2007, 7243/2008 and 6374/2009 it is clear that the petitioners had themselves withdrawn their relief and restricted the same by seeking time of six months for vacating the premises and even after giving an undertaking to that effect in the recovery proceedings before this court, they have not acted in accordance with the .....
Tag this Judgment!Court : Kerala
..... sub collector - 2015 (3) klt182 subsequent to such a finding the petitioner could also approach the appropriate authority under the kerala land tax act for fresh assessment of the land, as directed to be utilised under the klu order, as has been held in ..... the appeals are directed to approach the competent authorities constituted under klu order 1967/ kerala conservation of paddy land and wetland act 2008 as the case may be for conversion of the land. ..... 13833/2015 -3- wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order 1967 will be applicable to such land and the collector as defined in clause 2(a) of klu ..... the petitioner then has to approach the appropriate authority under the kerala land utilisation order 1967 for changed ..... contention that the land are not included in the data bank prepared under the paddy land act for the area and has been converted prior to the act of 2008. ..... if the property is found to be utilised for a different purpose prior to the paddy land act, the consideration shall be made, if necessary, after a physical inspection and concluded by a speaking order ..... conversion and utilisation of lands which are not covered or were converted prior to bringing into force of the paddy land act it was held so in paragraphs 17 and 23, which are extracted hereunder:"7. .....
Tag this Judgment!Court : Kerala
..... (c)no.11841/2013 4 (2) klt617) to the effect that the matter has to be considered by the competent authority under act 28 of 2008, as to whether the land is lying as a 'paddy land' or 'wet land' and appropriate orders have to be passed in this regard. ..... according to the petitioners, the said land is neither a 'paddy land' as defined under section 2(xii) of act 28 of 2008, nor is a 'wet land' as defined under section 2(xviii) of the said enactment. ..... the first respondent is directed to reconsider the matter with notice to the petitioner and pass appropriate orders in the light of the decision cited supra. ..... as reclaimed land for more than 'ten years' as entered in the data bank register, as mentioned in ext.r1(b) report of the tahsildar, it can be safely concluded that the property was not remaining as 'paddy land' on the commencement of act 28 of 2008. .....
Tag this Judgment!Court : Punjab and Haryana
..... the return was processed and eventuality in scrutiny proceedings initiated after serving notices under section 143(2) and 142(1) of the act and after appropriating requisite information namely, the account books vide order dated 26.12.2008, the assessee's statements, the assessment was concluded by adding rs. ..... counsel for the assessee draws attention to office note (annexure-a6) dated 26.12.2008, wherein, the deputy commissioner of income tax has recorded that no other incriminating document except the slip pad has been recovered by the revenue ..... during a survey, under section 133a of the income tax act, 1961 (hereinafter referred to as 'the act') on the business premises of m/s oscar remedies pvt. ..... the belated retracting of the admissions on 04.12.2008, nearly two years after the admissions and then also without any facts to support the allegation of coercion or pressure, cannot enure to the benefit of the ..... survey under section 133(a) of the act was conducted on 18.01.2006. ..... assessee retracted these admissions, on 04.12.2008 almost two years after the admissions and then also a few weeks before the passing of the assessment order on 26.12.2008. ..... no stage of the survey or assessment proceedings except at its fag end on 4.12.2008 i.e. ..... during pendency of assessment proceedings, the belated retraction does not detract from the voluntary nature of the admissions and, therefore, proceeded to include the admitted amount in the income of the assessee and frame assessment on 26.12.2008. .....
Tag this Judgment!Court : Kerala
..... land revenue commissioner, thiruvananthapuram & others (2010 (2) klt617, holding that, if the property was not remaining as a 'paddy land' or 'wet land' as on the date of commencement of act 28 of 2008, it has to be considered in terms of clause 6 of the karala land utilization order, so as to w.p.c. no. ..... according to the petitioner, the said property is a 'dry land' and is not a 'paddy land' or 'wet land' as per the definition under sections 2(xii) and 2(xviii) of the act 28 of 2008, despite which it has been described as 'nilam' in the revenue records. ..... the application to be filed as above shall be considered and appropriate orders shall be passed in the light of the observations made by the division bench of this court as per the decision rendered in praveen k. v. ..... 'two weeks' from the date of receipt of a copy of this judgment, the said respondent shall conduct a site inspection with notice to the petitioner so as to ascertain whether the reclamation, if any, was effected prior to the commencement of act 28 of 2008. .....
Tag this Judgment!Court : Chennai
..... writ petition challenging an order passed by the first respondent, assessing officer, under section 271f of the income tax act, 1961, (act), levying penalty of rs.5,000/- for non-filing of the returns at the appropriate time for the assessment years 2008-09 to 2014-15. 3. ..... with penalty for failure to furnish the return of income, it states that if a person, who is required to furnish the return of his income, as required under section 139(1) of the act or by the provisos to that section, fails to furnish such return before the end of the relevant assessment year, the assessing officer may direct that such person shall pay, by way of ..... pertaining to the penalty in proceedings, dated 27.06.2016 in pan no.aiqpj9025n with the notice of demand dated 27.06.2016, in pan no:bbhpm6439 passed by the first respondent against the petitioner for ays 2008-09 to 2014-15 on the file of the assistant commissioner of income tax, central circle-i, coimbatore and quash the same.) 1. ..... , a request was made by him under the rti act and he has also preferred an appeal to the central ..... it is further submitted that in terms of section 132(8) of the act, the documents cannot be retained for more than a month and the petitioner had been put to lot of struggle, before she/her ..... it is further submitted that section 275 of the act imposes the time period for imposing penalties and the petitioner's case falls under section 275(1)(c), as it has to be completed by the end of the financial year in which the proceedings, .....
Tag this Judgment!Court : Mumbai
..... be open for the respondent to seek appropriate relief under section 25 of the said act. ..... for making out a case of desertion under section 13(1)(ib) of the said act, it would be necessary to prove that the respondent had left the company of the appellant without any reasonable ground and the same was for a continuous period of more than 2 years preceding filing ..... to the appellant amounted to cruelty under section 13(1)(ia) of the said act on the basis of which a decree for divorce was sought. 8 ..... this appeal under section 19 of the family courts act, 1984 takes exception to the judgment dated 30-11-2007 passed by the learned judge, family court no.2, mumbai in petition ..... (e) family court appeal no.23/2008 is thus, partly allowed in aforesaid terms with no order ..... clear that a case of desertion under section 13(1)(ib) of the said act has been proved by the appellant. ..... that a case for grant of divorce under section 13(1)(ia) and (ib) of the said act had been made out. ..... the appellant filed petition for divorce under provisions of section 13(1)(ia) and (ib) of the hindu marriage act, 1955 (for short 'the said act'). 3. ..... petition no.a704/-2005 is partly allowed and it is declared that the marriage between the appellant and the respondent stands dissolved on the ground of desertion under section 13(1)(ib) of the said act. ..... clear that there is no material on record to hold that the appellant had proved that the respondent treated him with cruelty as contemplated by section 13(1)(ia) of the said act. .....
Tag this Judgment!Court : Punjab and Haryana
..... the learned commissioner as assessing authority vide its order dated 18.07.2008 confirmed the demand of interest on the delayed payment at appropriate rate under section 75 of the finance act, 1994 as well as penalty under section 76 and 77 of the finance act, 1994. ..... the present appeal under section 35g of the central excise act, 1994 (for short 'the act') arises out of an order passed by customs.excise and service tax appellate tribunal, new delhi on 18.01.2012 (for short 'the tribunal') (annexure a-2).the revenue has claimed the following substantial questions of law: (i) whether the .....
Tag this Judgment!Court : Karnataka
..... this court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short 'the act') for appropriate reliefs. 3. ..... (prayer: this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon'ble court, etc.) 1. ..... of arguments that the custodian herein could also be treated 'employer' and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. ..... the expression 'employer' has been defined under sub- section (f) of section 2 of the payment of gratuity act, 1972. .....
Tag this Judgment!Court : Karnataka Dharwad
..... this court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short the act ) for appropriate reliefs.3. ..... 3 this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon ble court, etc. ..... appellate authority u/payment of gratuity act and regional labour commissioner, central, shramsadan, 3rd cross, 3rd main, 2nd phase, tumkur road, yeshwanthpur, bengaluru. ..... of arguments that the custodian herein could also be treated employer and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. ..... controlling authority, u/payment of gratuity act and asst. ..... the expression employer has been defined under sub- section (f) of section 2 of the payment of gratuity act, 1972. .....
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