Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Page 15 of about 39,560 results (0.060 seconds)

New Horizon Sugar Mills Ltd. Vs. Govt. of Pondicherry.

Court : Supreme Court of India

Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164

..... judge also made it clear that as far as the properties included in the impugned orders were concerned, it would be open to third parties to approach the designated court under act 1 of 2005 for appropriate relief.8. ..... said writ petitions were considered by another learned judge of the madras high court, who by his order dated 12th july, 2005, in pnl investors welfare association versus union of india, with reference to the sarfaesi act, the sick industrial companies (special provision) act, 1958, act 1 of 2005 and the provisions of the industrial disputes act, 1947, and in particular, section 25ff thereof, disposed of the writ petitions upon holding that the members of the workers ..... bench of the high court observed that, inasmuch as, the tamil nadu protection of interests of depositors (in financial establishments) act, 1997, were in pari materia with the provisions of the pondicherry act of 2005 and the provisions of the tamil nadu act had been upheld, nothing further was required to be gone into in that regard. ..... association/workers, either individually or through their respective unions, were entitled to the benefit available under section 25ff of the 1947 act from the appellant mill and parry .....

M/S. Modern Rice Mill Vs. Mvvnl and Another

Court : Allahabad

..... (iv) if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place (as defined under explanation to section 126 of the electricity act, 2003), it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and agricultural services and for a period of six months immediately ..... it would thus be appropriate to refer to the statutory provisions as existed on 14.10.2005. 24. ..... which has been referred to and relied by both the parties in the case in hand, as stood on 14.10.2005 and reads as under: 6.8 un-authorised use of electricity (uue), under section 126 of the act 12 (a) procedure for booking a case for unauthorized use of energy (uue) 1. ..... electricity supply code, 2005 (hereinafter referred to as "code 2005") and section 138 of the electricity act, 2003 (hereinafter referred to as "act 2003"). ..... the procedure prescribed in the act, 2003 and code 2005 has to be adhered in words and spirit and deviation therefrom would vitiate the statutory orders passed ..... since appeal lie before the commissioner under section 127 of act, 2003, the petitioner filed memo of appeal (annexure 9 to the writ petition) before the commissioner, bareilly ..... challenging the assessment on merits, it is contended that section 126 of act, 2003 at the relevant time contemplated rate at 1.5 times of the normal rate and therefore the assessment made in violation thereof is .....

M/S Nagindas Kasturchand and Others Vs. the Official Liquidator, High ...

Court : Mumbai

..... in this court or execution proceedings before debt recovery tribunal, if unexpired period of leasehold rights in favour of the company in liquidation are not surrendered on payment of appropriate consideration, on expiry of such unexpired period, official liquidator would not be able to fetch any income and no funds will be made available for clearing the liabilities of ..... (f) in the year 2005, mr prabhakar barbole filed ca no.453 of 2005 in this court for seeking leave under section 446 of the companies act, 1956 to file appropriate proceedings under the rent act against the official liquidator before the appropriate court for obtaining possession of the land by impleading the central bank of ..... 687/2005 seeking leave to file proceedings under the bombay tenancy and agricultural lands act against the official liquidator of the said company before the appropriate authority for obtaining vacant and peaceful possession of the land bearing lands block nos.427, 400, 401, ..... by order and judgment dated 14th january, 2005 in company petition no.2151 of 1977 this court adverted to the judgment of the supreme court in the case of allahabad bank (supra) has held that provisions of drt act by virtue of section 34(1) has an overriding effect and that the recovery officer has absolute power to execute said recovery certificate by sale of ..... dated 26th august, 2005 this court granted leave in favour of mr prabhakar barbole and others under section 446 of the companies act, 1956 to prosecute the .....

Private Nursing Schools and Colleges Management Association and Others ...

Court : Mumbai

..... from the state government for the anm and gnm nursing courses and there is no provision either in the act or the rules for getting separate permission or recognition from the state government and the essentiality certificate is sufficient hence the condition put forth by the maharashtra state government in government resolution dt.21.03.2005, overruled the powers and functions of the answering respondents thereby making it compulsory to take final permission from the ..... his power under clause 4 of the government resolution dated 21.03.2005, the said director can scrutinize all proposals and make appropriate recommendations to the state government. ..... the petitioner prays for issuance of a writ of mandamus or any other appropriate writ, directing the respondents and their authorities, not to insist on compliance with the above conditions ..... stated that a request would be made to consolidate the matters before the aurangabad bench including the public interest litigation with pending petitions at the nagpur bench and at the principal seat, by making appropriate application to the honourable the chief justice. ..... scholarship is a matter of policy and the government is well within its right to lay down appropriate conditions for the same. ..... challenged in that behalf cannot be sustained, then, necessarily the directions will have to be issued to consider the request of the students and the respective managements for release of scholarships and we will then pass appropriate orders and directions. .....

Morgan Stanley and Co. Vs. Dit(international Taxation)mumbai

Court : Authority for Advance Rulings

..... submits the applicant, merely relates to the choice of the method adopted to determine the arms length price and therefore a ruling on the most appropriate method to be used for determining arms length price based on the provisions of section 92c of the act read with rules 10b and 10c of the income-tax rules, 1962 (for short the rules ), does not amount to valuation of the ..... crore; it cannot but be said that by virtue of above mentioned instruction of cbdt, particularly in view of letter of dit transfer pricing dated 15.4.2005, the question of determination of arms length price by the tpo in terms of section 92c of the act had already arisen in the mind of and is pending before ao who has no option but to follow the instructions of cbdt and direction of ..... to the contentions of the parties:- 28.10.2004 : for the assessment year 2004-05 the return was filed by the msas 13.04.2005 : notice under section 143(2) was issued 15.04.2005 16.04.2005 : letter of dit transfer pricing for referring the cases was issued notice under section 143(2) was received by the applicant 16.5.2005 : ito (9-23) mumbai sought approval for reference of the cit 18.5.2005 : the present application was filed by the applicant before the aar. ..... would be regarded as having a pe in india under article 5 of the treaty on account of the services rendered by morgan stanley advantage services private limited ( msas ) under the services agreement dated april 14, 2005 entered into by it with the applicant ( agreement )? .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... ordinance, 1986, these amendments were brought about and by now an appropriate act of parliament has replaced the ..... high courts to issue certain writs (1)notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any ..... us, in the present bunch of cases, pertains to the constitutional validity of the national tax tribunal act, 2005 (hereinafter referred to as, the ntt act). ..... appeals concerns the constitutional validity of the national tax tribunals act, ..... .9. on 21-1-2009, when arguments in ca no.3067 of 2004 and ca no.3717 of 2005, which related to the challenge to parts i-b and i-c of the companies act, 1956 were in progress before the constitution bench, it was submitted that these matters involved a similar issue and they could be tagged and disposed of ..... constitutional validity of the national tax tribunal act, 2005 ( the act , for short) is ..... bill under reference was presented before the lok sabha on 29.11.2005, and the same was passed without making a single amendment ..... 3067 of 2004 and ca no.3717 of 2005 were subsequently heard at length ..... 3067 of 2004 and ca no.3717 of 2005 today (union of india ..... lok sabha in 2005. ..... 2.8.2005 .....

Russel Joy Vs. Union of India

Court : Supreme Court of India

..... close watch on the safety and recommend measures which are necessary to be carried out by the state of tamil nadu and further, the committee has been given the liberty to take appropriate steps and issue necessary directions to the two states, namely, tamil nadu and kerala or any one of them, if so required, for the safety of the people residing in downstream areas in an emergent ..... in view of the aforesaid, we think it appropriate to issue the following directions:- (i) the central government shall constitute a separate sub- committee under section 9 of the 2005 act, to exclusively monitor the measures for ensuring a high level of 15 preparedness to face any disaster, which ..... of the scheme of the 2005 act, we find that there has to be an appropriate disaster management plan at different ..... as well as the state of tamil nadu shall also constitute separate sub-committees under section 21 of the 2005 act, to exclusively monitor the measures for ensuring a high level of preparedness to face any disaster occurring from ..... the stand with regard to the disaster management, has commended us to section 2(e) of the disaster management 9 act, 2005 (for brevity, the 2005 act ). ..... that the central government is determined to ensure the safety of the dams across the country including the subject dam and also implement the provisions of the 2005 act with utmost despatch in letter and spirit.20. mr. ..... under the state plan as envisaged under section 23(4) of the 2005 act. ..... refer to section 2(d) of the 2005 act. .....

The Commissioner of Central Excise Vs. M/S Federal Mogul Tpr India Lim ...

Court : Karnataka

..... upon raw materials or semi- finished goods so as to complete part or whole of production, subject to the condition that such production does not amount to manufacture within the meaning of clause (f) of section 2 of the central excise act, 1944 (1 of 1944); (ii) appropriate duty of excise shall not include nil rate of duty or duty of excise wholly exempt. 9. ..... supplied by the client and goods so produced are returned back to the said client for use in or in relation to manufacture of any other goods falling under the first schedule to the central excise tariff act, 1985 (5 of 1986), as amended by the central excise tariff (amendment) act, 2004 (5 of 2005), on which appropriate duty of excise is payable. ..... however, in view of the notification no.8/2005-st dated 01.03.2005, the job work, which does not amount to manufacture was exempted from payment of service tax provided the job worked goods are further used in the manufacture of final products on which appropriate duty of excise is discharged by the ..... however, in view of notification no.8 of 2005 st dated 1.3.2005, the job work which does not amount to manufacture was exempted from payment of service tax, provided the job worked goods are further used in the manufacture of final products on which appropriate duty of excise is discharged by the principal manufacturer, the fmgil though entitled for availment of such exemption notification, without availing the same, wrongly paid service tax under the activity of chrome plating .....

Court on Its Own Motion vs.nct of Delhi, Dda and Djb

Court : Delhi

..... (c) 7057/2005 page 7 of 9 acquisition, rehabilitation and resettlement act, 2013 (hereafter the act ), especially section 24(2), wherever the appropriate government had not taken possession of the acquired lands or paid compensation to the land owners (interpreted by the supreme court as actual payment of compensation) within five years prior to coming into force of the act, the acquisition of such land is deemed to have ..... this cell shall also evolve the appropriate task force (or task forces), which shall clear encroachments on public lands in a systematic, and time-bound ..... government shall consider the feasibility of creating such a body, with its personnel (drawn from such disciplines and with appropriate experience). ..... of delhi (through the land and building department) and the central government to create a standing unit or cell, which is tasked to evolve effective land management policies and for the purpose, also ensure that appropriate w.p. ..... this court initiated suo motu proceedings, in public interest, on 21.04.2005 due to a newspaper report that the delhi development authority (dda) was unable to secure its land and that a large extent of up to 42,000 acres was either encroached or not taken ..... in the affidavit filed on 15th october 2005, the dda stated that the possession of 15,103,95 acres of land acquired for ..... department filed an affidavit on 7th february 2007 in respect of the areas covered by section 6 declaration of the land acquisition act, 1894 ( la act ) after 1961. .....

Shri Laxman Ladu Raut and Shri Mangaldas K. Gawas, Chairman Vs. Union ...

Court : Mumbai

Reported in : 2007(5)ALLMR642; 2007(4)BomCR613; (2007)109BOMLR1005; 2007(1)GLR518

..... it is also submitted that a co-operative society is required to be managed and its affairs conducted in accordance with the provisions of the new act and that by the impugned letter dated 20-12-2005 the director(co operation) has defied the provisions of sub-section (5) of section 45 of the act and therefore the petitioners are before this court seeking for an appropriate writ and consequently and order directing the holding of elections in terms of the provisions of the new act. ..... and which proposal was accepted and approved by certificate of registration dated 1-3-2004 and as far as the tenure of the present board of directors is concerned, for a period of 3 years and not only that the respondent-bank acted on the said certificate of registration dated 21-1-2003 informing the central registrar vide its letter dated 9-1-2005 that the elections to the board of directors were due on or before 31-1-2006 as their tenure of 3 years was expiring on 31-1-2006. ..... the tenure of 5 years would be applicable to future members of the board of directors and that the clarification by impugned letter dated 20-12-2005 (at page 38 of the paper book) is completely contrary to and against the registration of the bye-laws by virtue of the said certificate of registration dated 1-3-2004 and also the provisions of sub-section (5) of section 45 of the new act, in that the term of office has to be as specified in the bye-laws of the multi-state co-operative society. 11. .....