Judgment Search Results Home > Cases Phrase: benefit sharing Sorted by: old Page 1 of about 56,893 results (0.036 seconds)

Beaupre Vs. Noyes

Court : US Supreme Court

..... the property for the sole purpose of preserving it from sacrifice by sale under the attachments, and that it might be applied to the purposes and objects of the trust, and for the benefit, share and share alike, of all the creditors of young and of winchester, as assignee; that the officer having the attachments refused, upon the demand of the plaintiffs, and under the order of the defendants ..... answer alleges that while the defendants supposed from the representations made to them by young and winchester that an assignment had been made by young to winchester in good faith for the benefit of their creditors without preference, and while they had sold goods to winchester in the belief that he ordered and procured them merely to facilitate his disposal of the goods acquired ..... many persons -- among others, to the plaintiffs in the sum of $425.71, and to the defendants in the sum of $1,080.43 -- executed, on the 27th of april, 1883, a deed of assignment for the benefit of his creditors whereby, and for the purpose of making equal provision for all of them, he transferred to c. a. ..... , to deliver the attached property to them; that a like demand was made upon the defendants, but they refused to surrender it, and have wrongfully converted all of it to their own use and benefit, to the damage of .....

The Secretary, Government of Madras, Home Department and anr. Vs. Zeni ...

Court : Supreme Court of India

Reported in : AIR1973SC724; (1973)1SCC162; [1973]2SCR973

..... of fees disappears only secondarily because the principle of cost is deviated from, buf primarily because the special benefit to the litigant is converted in the first case into a common benefit shared with the rest of the community, and in the second case into a special burden. ..... also for the general purposes of the state, the mere absence of uniformity or the fact that it has no direct relation to the actual services rendered by the authority to each individual who obtains the benefit of the service, or that some of the contributories do not obtain the same degree of service as others may, will not change the essential character of the levy.49. ..... is not an exaction imposed without reference to any special benefit conferred on the payers, for it is imposed only on those persons who wish to file documents, the filing of the document or the obtaining of the copy being of direct benefit to the person concerned. ..... speaks of certain expenses 'which are laid out for the benefit of the whole society'. ..... technicality on which the defendant relies cannot prevail.the court-fees act was passed not to arm a litigant with a weapon of technicality against his opponent, but to secure revenue for the benefit of the state. ..... is made, the cost of the process must be defrayed b|y general taxation; and the litigant pays his share in general taxes. ..... hand, he speaks of certain outlays, as for justice, for 'persons who give occasion to this expense,' and 'who are most immediately benefited by this expense. .....

Sudarshan Finance Corporation and ors. Vs. the State of Madh. Pradesh

Court : Madhya Pradesh

Reported in : AIR1977MP74; 1977MPLJ74

..... is he who has to undertake the botheration of filing suits; he has to maintain a regular office, employees and account books, both the learned counsel tried to demonstrate before us that a conventional chit fund scheme is a scheme of mutual benefit shared equally and equitably by the subscribers. ..... many depositors of commercial banks probably join chit funds because of a chitty they can get the combined benefits of regular savings and borrowings for specific needs.the banking commission has observed that it was essential to have a uniform chit fund legislation applicable to the whole country to regulate chit funds (vide ..... emphatically urged by both the learned counsel that the impugned act would deprive a large number of people of the unique benefit which chit fund schemes provide to them at the time of their need. ..... it is really a debt in praesenti but permitted to be paid by instalments, the benefit of the said facility being available to the debtor only so long as the instalments are ..... needed; for instance, for a daughter's marriage or children's education, it was argued that the impugned act would deprive not only residents of madhya pradesh but also residents outside madbya pradesh, of the benefit of chit schemes promoted within madhya pradesh. ..... that gambling had been totally prohibited by manu because it destroyed truth, honesty, and wealth, while ether lawgivers permitted it when conducted under the control of the state so as to allow the king a share of every stake. .....

Deccan Bharat Khandsari Sugar Factory Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : (1980)14CTR(AP)11; [1980]123ITR802(AP)

..... whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in holding that the assessee is not entitled to the benefits of registration under section 185(1)(a) of the act; and (2) alternatively, whether in view of the fact that the assessments of two of the partners having been completed on the share incomes of the assessee-firm earlier to the assessment of the firm, is the appellate tribunal justified in law in holding that the ito was correct ..... to the assessee, it was a firm of two partners, haridwarimal and rudmal, each owning a 20% share with five minors admitted to the benefits of the partnership and the partnership is evidenced by a partnership deed dated august 20, 1968. ..... department was not having any information at that time as to the persons for whose ultimate benefit the shares are shown in the partnership deed in the names of these two minors. ..... it was on those facts that the supreme court held that once the option was exercised for assessing the individual partner and including his share of profits in the firm in his assessment, it was not open to the department to assess the same income as income of the ..... and subject to the provisions of sub-section (3), in the case of a registered firm, after assessing the total income of the firm,-- (i) the income-tax payable by the firm itself shall be determined ; and (ii) the share of each partner in the income of the firm shall be included in his total income and assessed to tax accordingly. .....

Fulton Corp. Vs. Faulkner

Court : US Supreme Court

..... need not hold that a state may never justify a compensatory tax by an intrastate burden included in a general form of taxation, the linkage in this case between the intrastate burden and the benefit shared by out-of-staters is far too tenuous to overcome the risk posed by recognizing a general levy as a complementary twin. ..... face of this trend, the secretary argues that north carolina has assured substantial equivalence by employing the same apportionment formula to tie the percentage of share value subject to the intangibles tax directly to the percentage of income earned within the state. ..... hence, the impact of the income tax will be reflected in the purchase price of these shares, investors will presumably earn a market return on a lower outlay, and the actual burden of the tax will be borne by other parties, such as the consumers of the ..... 9 the court did recognize as problematic the indiana statute's failure to exempt shares of foreign corporations to the extent that those corporations owned, and were taxed upon, property within ..... the statutory scheme at issue in darnell taxed all shares in foreign corporations owned by indiana residents as well as all shares in domestic corporations to the extent that the issuing corporations' property was not subject to indiana's general ..... in the 1990 tax year, at issue in this case, fulton owned shares in six corporations, five of which did no business or earned no income in north carolina and therefore were not subject to the state's corporate .....

Entergy LA., Inc. Vs. Louisiana Pub. Serv. Comm'n

Court : US Supreme Court

..... excess capacity available for use by all is a benefit shared by the operating companies, and the costs associated with this benefit must be allocated among them. ..... , using more capacity than they contribute, make payments to the others 43 that contribute more than their fair share of capacity.l those making such payments are known as "short" companies, and those accepting the payments are known as " ..... the mississippi supreme court, however, reasoned that "ferc's de- 49 termination that mp&l's assumption of a 33% share of the costs associated with grand gulf would be fair to its sister operating companies did not obligate the state to approve a pass-through of those costs to state consumers without a ..... (eli), one of five public utilities owned by entergy corporation (entergy), shares capacity with its corporate siblings in other states, which allows each company to access additional capacity when demand exceeds the supply generated by that ..... counting ers units as available 1 where, as here, public utilities share capacity, the allocation of costs of maintaining capacity and generating power constitutes "the sale of electric energy at wholesale in interstate commerce." 16 u. ..... north carolina supreme court upheld the north carolina utilities commission's (ncuc) determination that nantahala's share of the low-cost power was properly 24.5%. ..... eli operates in the state of louisiana and shares capacity with its corporate siblings operating in arkansas, mississippi, and texas (collectively, the .....

Starwire (India) Limited, New Delhi and Others Vs. Haryana Electricity ...

Court : Appellate Tribunal for Electricity APTEL

..... the formula and quantum of cdm benefit sharing decided by the state commission is different from that provided in the central commissions regulations ..... iii) the state commission has allowed only 25% sharing of cdm benefits with the distribution company whereas cerc regulations allowed graded sharing with 10% increase every year upto a maximum of 50% after 6 ..... the other hand the learned counsel for the distribution licensees has argued that larger share of the cdm benefit has been passed on to the project developer against the 50:50 sharing in the central commissions regulations. ..... state commission has followed the principle of sharing of cdm benefit but in its wisdom has applied a different formula and quantum for sharing of cdm benefit. ..... state commission has followed the principle of sharing of cdm benefit but in its wisdom has applied a different formula and quantum for sharing of cdm benefit. ..... ) whether the state commission is correct in deciding 25% sharing of cdm benefit with the distribution licensee? ..... ) the state commission has decided sharing of clean development mechanism (cdm) benefits with the distribution licensees. ..... sharing of cdm benefit the state commission has decided that 75% of the cdm benefit shall be retained by the project developers and balance 25% could be passed on to the distribution ..... sharing of cdm benefit the state commission has decided that 75% of the cdm benefit shall be retained by the project developers and balance 25% be passed on to the distribution .....

Krishna Gupta and anr. Vs. M/S Rajinder Nath and Co Huf and ors

Court : Delhi

..... the said specific valuation as given by them, it is relevant to note that in para 33 of the plaint, the plaintiffs have stated that the exact valuation of their 1/8th share in the business and assets of their deceased parents and the joint hindu family properties is not possible and they have further averred that the valuation of the suit for purposes of ..... with the demand of the plaintiffs for severance and partition by metes and bounds of the joint family status & assets and for allocation of specific assets falling to their shares in the aforesaid undivided assets jointly held by the two hufs and also the assets separately held by m/s rajinder nath & co huf and hand over the possession to ..... of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre- deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall ..... under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,(a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased son or a pre- deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child ..... daughters from any benefit/share in joint family .....

Jagat Ram Chicham, Madhya Pradesh Vs. the State of Madhya Pradesh Thro ...

Court : National Green Tribunal Principal Bench New Delhi

..... handed over to the mpfdc, the executive committee of such vss have to be converted into forest development committees and they are eligible for benefit sharing as per the existing rules and regulations of mpfdc. ..... the local communities in the forest management and has taken up the csr activities for the benefit of people, particularly those villagers who are mostly tribals residing in the vicinity of the transferred forest areas and also whether the working plan approved by the moef deals with the provisions of sharing benefits with the local communities who are organized into jfm committees / van samrakshan samiti (in short ..... india various state governments have issued orders / notifications on participatory approach of forest management and constitution of jfm committees in their respective states duly providing modalities on constitution of committees, duties and responsibilities, benefit sharing mechanism etc. ..... 2005 was issued by the state forest department on the mechanism of sharing the benefits with the jfm committees (placed at annexure r-4/14 of the reply). ..... guidelines further state that the benefits particularly with reference to the yield that is obtained by felling the existing coppice growth from the handed over forest areas, shall be shared with the vss which are converted ..... of any such operations not only leads to loss of revenue to the state exchequer but the local communities will also be deprived of their rightful share of benefits they would have otherwise earned. .....

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. t ...

Court : National Green Tribunal Principal Bench New Delhi

..... made, on or after the commencement of the national green tribunal act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the environmental (protection) act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the national green tribunal act, 2010, by the national biodiversity authority or a state biodiversity board under the provisions of biological diversity act, 2002 (18 of 2003), may within a period of ..... shall not be permitted, the environmental fall out of this project, if at all any, can be duly mitigated, through balanced and nuanced measures, creating an enabling process to promote the environmentally sound development project that benefit local livelihoods and economy, than leaving the once fertile paddy lands fallow and abandoned causing more grave environmental problems. ..... a paddy land, which is not cultivable, cannot be left unutilized and would not ensure to benefit of either the state, the parties or the public and not at all advance the avowed objective of preserving the environment and maintaining ..... may be noted that it is the owners of the paddy fields (who apparently had no benefits out of the land) that sold it by their own for non- agricultural activities. 86 ..... fallow land by its ecosystem services would sustain a larger section of the people than the meager benefits of a few people for their comforts is only an unduly speculative and biased approach. .....