Court : Delhi
Reported in : ILR1970Delhi576
..... the provisions of section 7(1) of the bombay court fee act which are similar to section 8 of the court-fee act, 1870 were considered this section provides that the amount of fee payable under this act on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between ..... under article 13 of schedule if of the bombay court-fee act, 1959 which is equivalent to article 11 of schedule ii of the court fees act ..... an appeal in the high court of maharashtra and bhagade filed cross-objections whereon he affixed a court fee of rs. ..... '(20) we do not find it possible to agree that an order under section 28 of the specific relief act, 1963 would have the effect of dismissing the suit for specific performance which had been decreed under this section even upon rescission of the contract, the purchaser or lessee who was the plaintiff in the suit may obtain the the refund of any sum paid by him as earnest money or deposit in connection with the ..... (5) sub-section (1) of section 28 of the specific relief act, 1963; provides that where in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or .....
Tag this Judgment!Court : Delhi
..... . so far as the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters of administration etc ..... . this sub committee did not recommend abolition of court fees but recommended rationalization in the structure of court fee, broadly through reduction in ad valorem fee, exemption of certain categories of litigants and certain categories of cases from payment/levy of court fee and refund of court fee under certain circumstances.784 ..... (c)no.4770/2012 page 171 of 531 purpose of the amendment by the delhi rent control (amendment) act, 1988 was stated as under: the delhi rent control act, 1958 (59 of 1958) which came into effect on 9th february, 1959, provides for control of rents and lodging houses and for the lease of vacant premises to the government within the union territory of delhi. 2. ..... according to section 7(ii) of the court fees act, 1870, the amount of court fee payable in a suit for maintenance and annuity or any other sum payable periodically is according to the value of the subject matter of the suit and such value is statutorily deemed to be ten times the amount claimed to be payable for one year. .....
Tag this Judgment!Court : Delhi
..... . so far as the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters of administration etc ..... . this sub committee did not recommend abolition of court fees but recommended rationalization in the structure of court fee, broadly through reduction in ad valorem fee, exemption of certain categories of litigants and certain categories of cases from payment/levy of court fee and refund of court fee under certain circumstances.784 ..... (c)no.4770/2012 page 171 of 531 purpose of the amendment by the delhi rent control (amendment) act, 1988 was stated as under: the delhi rent control act, 1958 (59 of 1958) which came into effect on 9th february, 1959, provides for control of rents and lodging houses and for the lease of vacant premises to the government within the union territory of delhi. 2. ..... according to section 7(ii) of the court fees act, 1870, the amount of court fee payable in a suit for maintenance and annuity or any other sum payable periodically is according to the value of the subject matter of the suit and such value is statutorily deemed to be ten times the amount claimed to be payable for one year. .....
Tag this Judgment!Court : Delhi
..... the relevant portion of section 194 j of the act reads as under: 194j (1) any person, not being an individual or a hindu undivided family, who is responsible for paying to a resident any sum by way of (a) fees for professional services, or (b) fees for technical services, or (ba) any remuneration or fees or commission by whatever name called, other than those on which tax is deductible under section 192, to a director of a company, or (c) royalty, or (d) any sum referred to in clause (va) of section 28, shall, at the time of credit of such sum to the account of the payee or at the time of payment thereof in cash ..... dial, learned senior counsel for dtl, at the outset pointed out that the judgment of the bombay high court in maharashtra state electricity distribution co. ..... the bpta came into force with effect from 1st april 2002 and was to remain valid for a period of five years, that is, up to 31st march 2007. ..... bharti cellular limited, is given the facility by bsnl/mtnl for interconnection. .....
Tag this Judgment!Court : Delhi
..... section 7(v)(d) of the court fees act, 1870 would require ad- valorem court fee to be paid on the market value of the land where possession thereof is the subject matter of the dispute ..... the interplay between section 7(iv) and (v) and article 17 of schedule 2 of the court fees act, 1870 has been a matter of debate and discussion in various ..... vide order dated august 19, 2013 application under order vii rule 11 of the code of civil procedure filed by respondent no.1 praying that the plaint be rejected was partially reflected upon by the learned single judge only on the subject whether proper court fee had been affixed on the plaint by the ..... land in indore land in aurangabad land in kolkata land in delhi land elsewhere in maharashtra land elsewhere in punjab at the outset we note that as regards schedule 5, no particulars of the lands have been detailed and it is apparent that the appellant is fishing and ..... the lands, partition whereof is prayed for, detailed in schedule 4 and 5 of the plaint are described as under: schedule-4 list of the land acquired in the names of the companies or individual members of the bhagchandka family for the purpose of real estate/development industrial purpose. ..... tosha picture tubes limited 5.9600 by registered sale deed ..... nath, a view which was also taken by the bombay high court in the decision reported as ilr1953bom. ..... cit bombay, a company being a juristic person is the owner of the assets in its name and a shareholder has no right over the assets of the .....
Tag this Judgment!Court : Delhi
..... guardian latchumi ammal, to argue that a suit like the present one is a suit in which it is not possible to estimate the money value of the subject matter in dispute and hence under article 17(6) of schedule ii of the court fees act, a fixed court fees is payable. ..... for defendant has also submitted that the present suit is deficient in court fees ..... enumerated under sections 21, 23, 28, 32 and 35 of the act for which a sub registrar or the registrar may refuse to register the sale deed and other documents required to be registered under the act. ..... section does not provide for an enquiry at that stage or later by the registrar to ascertain what the property dealt with is under section 3 of the transfer of property act registration of a document is deemed to be notice to all ..... the present suit is filed under section 77 of the registration act 1908 seeking relief of a decree in favour of the plaintiff directing defendant no.1 to register the document being sale deed dated 3.5.2012 executed by defendant no.2 in favour of the plaintiff in respect of second floor of property no.a-11/9, ..... 19.a plain reading of the above section shows that all that section 21(1) of the act requires is that a document relating to immovable property will not be acceptable for registration unless it contains a description of such property ..... counsel further relied upon the judgment of the bombay high court in the case of chairman/secretary, deep apartment ..... of maharashtra (supra) where in para 9 the court held ..... maharashtra .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)53; 1997CriLJ2559; 1997(4)Crimes1; 66(1997)DLT618; 1997(41)DRJ274; (1997)116PLR1; 1997RLR292
..... seen now as to whether the learned lower court was justified in ordering the framing of the charges ( vide impugned judgments and orders dated may 8,1996 and may 24,1996 and august 19,1996 respectively) under section 120-b indian penal code and sections 7,12,13 read with section 13)(d) of the act against the petitioner shri l.k.advani and jain, and under sections 7 and 13(2) read with section 13(l)(d) of the act against shri l.k.advani only and under section 12 of the act against jains, and in framing of the charges ..... it is in the following words:-publicservant' means (i) any person in the service or pay of the government or remunerated by the government for fees or commission for the performance of any public duty; (ii) any person in the service or pay of local authority; (iii) any person in the service or pay ..... 1073 ' with all respect to this clear enunciation of principle, their lordships are of opinion that it puts too limited a construction on the words of the act and might in some cases result in defeating the intention expressed by those words. ..... has further led me through section 8(3) of the representation of the people act, 1961, which provides that a person who has been convicted for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his ..... was also reiterated by a division bench of the bombay high court as reported in sir mohammed yusuf and another ..... of maharashtra and .....
Tag this Judgment!Court : Delhi
Reported in : 1988(15)DRJ313
..... in writing...direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside delhi or any part thereof...the learned counsel for the petitioner has contended that in the notice issued under section 50 of the act it was incumbent upon the authority to have indicated as to what was the proposed action to be taken against the petitioner whether the petitioner was to be asked to conduct herself in ..... additional deputy commissioner of police, south district, new delhi had issued notice dated 13th may, 1986 under section 50 of the delhi police act informing the petitioner that she has to be proceeded against under section 47 of the act and then the notice reproduces the allegation that since 1977 the petitioner has been committing acts and movements which are causing alarm, harm and danger to the residents of the localities of mehrauli ..... 631) in which it was held that though all details and particulars need not and cannot be given in the notice under section 59 of the bombay police act still the section enjoins the externing authority to give at least generally the materials allegations in the said notice. ..... even otherwise in the case of marry kutty thomas (supra) the bombay high court did not hold that in case such proposed action is not incorporated in the notice, the notice would become bad on the face of it rather it was held that the facts of each particular ..... state of maharashtra : 1973crilj612 ..... of maharashtra and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)57ITD109(Delhi)
..... being by virtue of section 3(26) of the bombay general clauses act, 1904, a body which is entrusted by government with control or management, inter alia, of a local fund there is no scope for the argument that the market committee constituted under the gujarat agricultural markets act, 1963, is not a local authority within the meaning of section 6 of the land acquisition act.in the said decision the hon'ble gujarat high court also examined the decision of the hon'ble andhra pradesh high court in the case ..... we, therefore, feel that the absence of a provision in the delhi act on the lines of the provisions of section 12(2) of the maharashtra act and section 10(2) of the gujarat act is not fatal and the claim of the assessee, apmc, azadpur for being treated as a local authority within the meaning of section 3(31) of the general clauses act, 1897 has to be accepted.7.1 the further question to be considered is as to whether the assessee, the apmc, azadpur is covered by the provisions of section 10(20) of the i.t. ..... such fees can be levied within the limits prescribed by the act. ..... he further submitted that the market com-mittee was constituted in january 1977 and that there was a period of supersession for the market committee in the year under consideration. .....
Tag this Judgment!Court : Delhi
..... present cases any material has been placed before the court as to why the amendments were confined only to a period of eight years and not either before or subsequently and, therefore, we are of the view that the impugned provision, namely, section 26 deserves to be quashed by striking down the words "not being waste goods or scrap goods or by products" occurring in the said section 26 of the maharashtra act ix of 1989 and the authorities concerned shall rework ..... (c) no.12287/2015, under challenge are the letters dated 18.09.2014, 09.03.2015, 15.09.2015, 10.07.2015, 01.07.2016, 15.02.2016, 28.09.2016, 14.01.2013, 06.10.2016 and 21.12.2015 respectively issued to the petitioners fdci, board for control of cricket in india (bcci), den soccer private limited and pro sportify private limited, asking them to furnish the details of sponsorship amounts received, along with agreements and to deposit entertainment tax at the rate of 15% on total sponsorship ..... right to challenge the levy or collection of amounts as duty in the circumstances of these cases; (5) the amounts collected by the respondents, from fdci, bcci, den and other petitioners are directed to be refunded to them, with interest @ 7 percent per annum from date of payment, within 8 weeks w.p. ..... in gems and jewellery (supra) the bombay high court overlooked the distinction between a business promotion ..... note, the bar council organizes non-ticketed events for its members where there is no entry fee and the events are sponsored. .....
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