Avoidance - Judgment Search Results

Kennedy Vs. Mendoza-martinez

Court: US Supreme Court

..... the military authorities as well as his self serving statements that he remained abroad to avoid investigation as to his alleged communist affiliations or possible prosecution under the smith act ..... flee the country for such express purposes do more than simply disobey the law and avoid the imposition of criminal sanctions they disassociate themselves entirely from their nation seeking refuge .....

Siddheswar Paul Vs. Prakash Chandra Dutta

Court: Kolkata

Reported in: AIR1964Cal105,68CWN30

..... iv which is headed deposit of rent section 17 1 deliberately avoids the expression payment of rent but speaks about the payment of ..... that status the tenant would not by his deposit in court avoid being a defaulter to explain myself some elaboration is necessary the ..... tender would relate back to the said last mentioned time for avoiding the adverse consequences of non payment or non deposit within the .....

School Dist. of Abington Tp. Vs. Schempp

Court: US Supreme Court

..... clearly religious origins and content of the challenged practices and to the impossibility of avoiding sectarian controversy in their conduct the illinois supreme court expressed in 1910 the principles ..... religious discriminations and disabilities thereby jeopardizing the free exercise of religion in order to avoid what is thought to constitute an establishment the inescapable flaw in the argument i .....

Northern Nat. Gas Co. Vs. Kansas Corp. Comm'n

Court: US Supreme Court

..... accommodation of the contract with the orders so as to avoid the asserted invalid trespass on the federal regulatory area is ..... would not necessarily permit the kansas court or this court to avoid decisions of the federal question since even then it would ..... s 288 297 u s 346 348 enumerating principles designed to avoid the unnecessary adjudication of constitutional questions a tenet of adjudication .....

Munishwar Datt Vashisht Vs. Smt. Indra Kumari

Court: Punjab and Haryana

Reported in: AIR1963P& H449

..... time of marriage was not unsound such a marriage cannot be avoided courts have drawn a distinction between a sudden occurrence of insanity ..... incapacity present at the time of marriagewhich will be sufficient to avoid it under section 5 ii of the hindu marriage act ..... ad hominem an appeal on humanitarian ground and a plea for avoidance of domestic intelicity the petitioners point of view may be expressed .....

N. K. R. Narayanaswamy Naidu Vs. Commissioner of Agricultural Income-t ...

Court: Chennai

Reported in: [1965]55ITR103(Mad)

..... be good consideration to support a contract but adequate consideration to avoid tax is quite a different thing there is no difficulty in ..... object of the legislature was certainly to put an end to avoidance of taxation by husbands effecting transfers in favour of their ..... a growing tendency on the part of taxpayers to endeavour to avoid or reduce tax liability by means of settlements stated quite .....

Malathy Amma and anr. Vs. Jos, Son or Kattukkaran Varu and ors.

Court: Kerala

Reported in: AIR1964Ker68

..... inoperative therefore the conclusion seems to be clear that a court cannot avoid the adjudication of the void character of the execution sale even ..... a nullity or for setting it aside for safety s sake to avoid future difficulties the proper article would be article 181 and not ..... but can apply to cases of invalid court sales which require avoidance by executing court 45 1962 ker lt 848 air 1963 ker .....

State of Gujarat Vs. Ramanlal Sankalchand and Co.

Court: Gujarat

Reported in: AIR1965Guj60; [1965]16STC329(Guj)

..... period and sold the goods tax at that point would be avoided and the state would lose the tax section26 3 was therefore ..... plug this loophole which enabled tax at least one point to be avoided and the enactment of the section consequently an exercise of ancillary ..... can say that by allotment of goods amongst partners the firm is avoiding tax and the state legislature is therefore entitled to tax such .....

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court: Kolkata

..... in some cases it appears that the draftsman had deliberately avoided technical expressions and used language which resembled popular journalism rather ..... studied to realise its full and correct implications and to avoid misapplication it emphasises the distinction between the right to ..... which deposit must be made if the tenant is to avoid the consequences of irregular payment whereas under the previous .....

The Collector of Customs Vs. H.S. Mehra

Court: Chennai

Reported in: AIR1964Mad504

..... goods would belong to the government but if the confiscation is avoided there is no principle by which the liability imposed by section ..... but rather what its character would be if the confiscation had been avoided by payment of fine 17 the learned advocate general has contended ..... of imposition of duty will arise only when the confiscation is avoided by payment of fine 19 it is then argued that the .....