Court : Andhra Pradesh
Decided on : Jan-28-2002
Reported in : 2002(4)ALD319; 2002(3)ALT515; II(2002)DMC679
ORDERR. Ramanujam, J.1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order of the Family Court, Hyderabad, dismissing O.S.No.245 of 1999 as not pressed.2. The petitioners herein are defendants 1 to 3 in the aforesaid suit. That suit was filed by Mohini Madhukar Balvalli, who is no other than the daughter of the 1st petitioner herein, and another by name Sayeed-ur-Rahman, who claims to have married her, for perpetual injunction restraining the petitioners 1 to 3 herein, i.e., defendants 1 to 3 in the suit, their men and agents from interfering and entering into the peaceful married life of the plaintiffs at the premises bearing No.19-2-362, Doodhbowli, Palam Road, Hyderabad. Along with the said suit, an interlocutory application was also filed seeking interim injunction restraining the petitioners herein, their agents and men from interfering with the peaceful married life of the respondent-plaintiffs.3. In that suit summons were iss...
Tag this Judgment!Court : Gujarat
Decided on : Jan-29-2002
Reported in : (2002)2GLR1357; (2002)2GLR422
..... such as false declaration by a member for becoming a member of the society or incurring of disqualification by the member under section 22(3) of the act. sub-section (8) of section 28 regulates the voting rights of the member societies and individuals. a member society can also appoint a delegate to vote on ..... the absence of amendment of the bye-laws, the membership of primary societies to federal society cannot automatically cease contrary to the provisions contained in section 26 of the act, which govern the cessation of membership of co-operative society only in circumstances, ground and in the manner provided therein. it is pointed ..... meet such a situation by providing necessary legislative and administrative steps. such provision is to be found in section 18c of the maharashtra co-operative societies act, 1960. sub-section (1) of section 18c of the maharashtra act relevant for the present purpose reads as under :'18c. reorganisation of societies on account of alteration of limits .....
Tag this Judgment!Court : Kerala
Decided on : Jan-31-2002
Reported in : (2002)174CTR(Ker)464; 2003(156)ELT17(Ker); [2003]264ITR633(Ker); 2006[2]STR554; [2007]8STT353
..... lead to double taxation since the materials would have already suffered a tax on account of sales tax. hence also, it is contended that section 67 of the finance act is liable to be struck down as violative of article 14.9. most of these contentions arise out of misapprehension of the nature of the ..... agencies, market research agencies, under writers and mechanised slaughter houses. the relevant definitions under the finance act are as under:-section 65(47): photography.- 'photography includes still photography, motion picture photography, laser photography, aerial photography and fluorescent photography'.section 65(48): photography studio or agency.- 'photography studio or agency means any professional photographer or a ..... province of east punjab (1948 fcr 267, air 1949 fc 81), the federal court held that a tax on buildings under section 3 of the punjab urban immovable property tax act, 1940 measured by a percentage of the annual value of such buildings remained a tax on building under that .....
Tag this Judgment!Court : Kerala
Decided on : Jan-31-2002
Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)
..... of the amount remaining unpaid or unclaimed for a period of three years from the date of transfer to the special account under sub-section (1) and sub-section (2) of section 205 a of the companies act, 1956 (1 of 1956) has been transferred to the general revenue account of the central government under the companies unpaid dividend (transfer ..... to earning an income. the question therein was whether certain 'books of accounts' were kept in the course of business for the purpose of admissibility under section 34 of the evidence act, 1872. this judgment too address a question with which we are not concerned. the learned counsel referred to the decisions in state of punjab v. prem ..... skill with a view to earning an income. we are of the view that in the context in which the expression 'business connection' is used in section 9(1) of the act, there is no warrant for giving a restricted meaning to it excluding 'professional connections' from its scope.'we fail to see how this judgment helps the .....
Tag this Judgment!Court : Delhi
Decided on : Jan-31-2002
Reported in : [2002]257ITR16(Delhi)
..... recalled.12. in ito v. itat , mathur j. as the learned chief justice then was, observed (page 810) :'from a bare reading of sub-section (2) of section 254 of the act, it appears that under the garb of rectification, the income-tax appellate tribunal cannot exercise the power of review and recall the order whole hog. there are ..... set aside.23. before we part with the matter, we may record the statement made at the bar that an application for reference to this court under section 256(1) of the act is pending before the tribunal.24. this writ petition is, thereforee, allowed. let a writ of certiorari issue. in the facts and circumstances of this case ..... indication in the statute to the contrary. we do not find any such statutory prohibition. on the other hand, there are indications to the contrary.'10. interpretation of section 254(2) of the act came up for consideration in various decisions. in k.l. bhatia's case : [1990]182itr361(delhi) , kirpal j. as his lordship then was, held (page .....
Tag this Judgment!Court : Delhi
Decided on : Jan-31-2002
Reported in : 2002IIAD(Delhi)81; 96(2002)DLT679; 2002(62)DRJ542
..... , indo-burma petroleum, indian petro chemicals and mtnl and requested for being short-listed. again in december, 2001, vsnl obtained approval of the department of company affairs under section 205 of the companies act, 1956, for distribution of a further dividend of 750 per cent. thus, a substantial amount of rs. 3918 crores, being 1250 per cent dividend has been distributed by ..... a case where the market capitalization of vsnl has come down as a result of capital recession or the market crashing. it has happened as a result of deliberate conscious acts of payment of unprecedented dividends, thereby reducing market capitalization and net worth of vsnl. he submitted that acquisition of vsnl has become more capital efficient and affordable. he reemphasized that .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-01-2002
Reported in : AIR2002MP98; 2002(2)MPHT10
..... officer of any tribunal gets extended. at this juncture i may proceed to give example by referring to the provision of the consumer protection act, 1986. section 16 of the act deals with composition of the state commission. it provides each commission shall constitute that a person who has been judge of the high court appointed ..... the provision, i am of the considered opinion the term of the members does not stand extended because of the language employed under section 74 of the reorganisation act. section 74 of the reorganisation act by no stretch of imagination, can be construed to lay down that the term of a member of any body or a presiding ..... by efflux of time is ostracized.' 7. to appreciate the rival submissions raised at the bar, it is apposite to refer to certain provisions of the reorganisation act. section 2(e) deals with 'existing state of madhya pradesh'. it reads as under :--'existing state of madhya pradesh means the state of madhya pradesh as existing immediately .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-01-2002
Reported in : [2002(93)FLR1030]; (2002)IIILLJ152MP
..... turn up on duty of his own. the workman is a piece rated labour and i used to be paid for the work done by him. provisions of section 31(2) of the act is not attracted as the workman has abandoned the services on his own.5. before the appellate authority theparties adduced evidence and examined thewitnesses. by order dated ..... the employer stated that workman was entitled to retrenchment compensation andgratuity. no notice was given to workman. one month's notice was required to be given under section 31 of the beedi & cigar workers act. service of such notice is mandatory before removal or the services of the workman could not be dispensed with by an oral order.9. the stand ..... bengal. he was asked to report mere in an unfair manner. the offer was no offer in the eye of law and was made to forego compliance of section 17b of the i.d. act.8. the first question is whether the order passed by the appellate authority is legal, just, and proper. the evidence has been appreciated by the appellate .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-01-2002
Reported in : [2003(96)FLR699]; (2002)IIILLJ513MP; 2002(3)MPLJ288
..... itself impermissible. once the employee had attained the age of superannuation and had retired, after retirement punishment of dismissal cannot be imposed. thus, sub- section (6) of section 4 of payment of gratuity act is not invokable.13. resultantly, w.p. no. 3350/1997 is allowed. the impugned order of punishment dated march 5, 1998 (annexure ..... the extent of the damage or loss so caused. it can also be forfeited in the circumstances enumerated in clause (b) of sub-section (6) of section 4 of payment of gratuity act. but for such an eventuality, there should be a valid order of dismissal or imposition of punishment. here in the instant case, ..... service.12. learned counsel for respondents relied on the provision of payment of gratuity act, 1972, sub-section (6) of section 4. no doubt under this provision of payment of gratuity act, gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2002
Reported in : 2002(25)PTC161(Guj)
..... that the decision of the calcutta high court in rotomac pens limited (supra) is now not available to the plaintiff in view of the provisions of sub-section (3) of section 22 of the designs act, 2000, in that case after stating that the plaintiff pleaded was manufacturing pens and marketing them at a price of rs. 14 each, the plaintiff ..... suits also by orders dated 9.1.2002 the city civil court at ahmedabad has transferred all these suits to this court under the provisions of sub-section (4) of section 22 of the act. the suits are accordingly renumbered as civil suits nos. 1 to 5 of 2002.plaintiff's case:4. the plaintiff has come out with a common ..... by plaintiff mr. pravinbhai j mehta in five suits filed by him against defendant no. 1 officine lovato s.p.a. (the first defendant) under section 22 of the designs act, 2000 (the act). since in all the five suits the parties are the same and common questions of law and fact arise for consideration, these applications have been heard together .....
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