Avoidance - Judgment Search Results

Commissioner of Income-tax, West Bengal-iii Vs. Carew and Co. Ltd.

Court: Supreme Court of India

Reported in: AIR1980SC252; (1979)12CTR(SC)402; [1979]120ITR540(SC); (1980)1SCC470a; [1980]1SCR633

..... assessee on its pakistan business income in accordance with the provisions of the agreement for avoidance of double taxation between the government of india and pakistan without setting off against it ..... opinion since agricultural income does not fall within the scope of the agreement for the avoidance of double taxation the loss suffered by the respondent in agricultural operations in pakistan cannot .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court: Supreme Court of India

Reported in: (1982)3SCC24; 19831SCR145;

..... such conclusion necessarily follows from the article it is obvious that such construction should be avoided in my opinion such result is clearly not the outcome of the constitution the ..... division between civil and military protection according to him in doing so the abolitionist cannot avoid applying double standard and two mutually destructive criteria to their approach to the death penalty .....

Nlrb Vs. Catholic Bishop of Chicago

Court: US Supreme Court

..... rise to entangling church state relationships of the kind the religion clauses sought to avoid footnote omitted mr justice douglas emphasized this in his concurring opinion in lemon noting ..... while the resolution of the constitutional question is not without difficulty it is irresponsible to avoid it by a cavalier exercise in statutory interpretation which succeeds only in defying congressional .....

Gopala Pillai Vs. the State Bank of Travancore and anr.

Court: Kerala

Reported in: AIR1979Ker224

..... voidable agreements may be classed together as invalid emphasis supplied the avoidance of a voidable agreement may in certain cases such as those ..... ch ii relate back to the making of it but such avoidance cannot divest third parties of their vested rights when the ..... was invalid only against the other members of the sakha its avoidance cannot therefore defeat the right of the mortgagee just as the .....

Krishna Bahadur Chetri Vs. State of Assam

Court: Guwahati

Reported in: 1979CriLJ1258

..... the extreme left side of the road but unfortunately could not avoid the mischance while considering the prosecution case the learned magistrate has ..... and he was unsuccessful that is to say he could not avoid the boys therefore in my opinion considering the facts namely that ..... better to take the truck to the extreme left and to avoid the onrushing children assuming that there was an error of judgment .....

Parham Vs. Hughes

Court: US Supreme Court

..... statutory classification was rationally related to three legitimate state interests 1 the interest in avoiding difficult problems of proving paternity in wrongful death actions 2 the interest in promoting ..... generation footnote 2 8 formal documentation of entitlement to inherit may be significant in avoiding unending litigation inimical to this interest but the state has no comparable interest in .....

Babbitt Vs. United Farm Workers Nat'l Union

Court: US Supreme Court

..... the challenged state statute is susceptible of a construction by the state judiciary that would avoid or modify the necessity of reaching a federal constitutional question kusper v pontikes supra ..... constitutional question id at 380 u s 535 abstention may be required in order to avoid unnecessary friction in federal state relations interference with important state functions tentative decisions on .....

Nlrb Vs. Baptist Hosp., Inc.

Court: US Supreme Court

..... on nonwork time may be prohibited only where necessary to avoid disruption of patient care or disturbance of patients is not ..... the facility has not justified the prohibitions as necessary to avoid disruption of health care operations or disturbance of patients is ..... affirmative burden to demonstrate that the prohibition was necessary to avoid disruption of health care operations or page 442 u s .....

Steelworkers Vs. Weber

Court: US Supreme Court

..... of this legislative history and in view of congress desire to avoid undue federal regulation of private businesses use of the word ..... that employers would not be required to institute preferential quotas to avoid title vii liability see e g 110 cong rec 12819 ..... to pay a damages award the inevitable tendency would be to avoid hairsplitting litigation by simply concluding that a mere disparity between .....

Palaniammal Vs. Pallipalayam Jamia Masjid Muthavalli S.M. Dawood, Pall ...

Court: Chennai

Reported in: (1981)1MLJ147

..... interfere with proceedings is another jurisdiction this power should be exercised with great caution to avoid even the appearance of undue interference with another court while therefore there is jurisdiction ..... necessitate relief to be granted to him which may be for the purposes of avoiding multiplicity of proceedings or to prevent injustice being caused except appellate or revisional court .....