Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 195 felling lopping and trimming of trees Court: supreme court of india Page 5 of about 286 results (0.230 seconds)

The State of Uttar Pradesh Vs. C. Tobit and ors.

Court : Supreme Court of India

Reported in : AIR1958SC414; 1958(6)BLJR479; 1958CriLJ809

..... . reference has been made to a number of sections of the code of criminal procedure where the word 'copy' has been used and to sections 425, 428, 442 and 511 which, it is said, talk about certified copy and on this circumstance is founded the argument that where the legislature insists on the production of a certified copy it says so expressly and that as the word 'copy' used in s ..... . we do not consider it right to enter upon a discussion as to the true interpretation of the word 'copy' occurring in any of those sections for we think that each section in each act must, for its true meaning and effect, depend on its own language, context and setting. 13 ..... . turning to the four last mentioned sections, it will be noticed that the first three sections 425, 428 and 442 do not really refer to any certified copy of any document at all ..... section 91 of the indian evidence act provides, inter alia, that in all cases in which any matter is required by law to be reduced to the form of a document - and a judgment is so required - no evidence shall be given for the proof of the terms of such matter except the document itself or secondary evidence of its contents in cases in which secondary evidence is admissible under the earlier provisions of that act. ..... . in many sections relied on, he 'copy' is intended to serve only as a notice to the person concerned or the public and is no intended to be acted upon by a court for the purpose of making a judicial order thereon .....

Smt. Laxmi Devi Vs. Sethani Mukand Kanwar and Two ors.

Court : Supreme Court of India

Reported in : AIR1965SC834; [1965]1SCR726

..... in other words, in terms, the definition of the expression 'transfer of property' as used in all the sections of the transfer of property act is intended to take in transfers effected by acts of parties inter vivos, and an auction-sale clearly is not such an act. ..... 90 can succeed, the applicant has to show that the impugned sale was vitiated by a material irregularity or fraud in publishing or conducting it; and as required by the proviso, it is also necessary that he should show that in consequence of the said irregularity or fraud he had sustained substantial injury. ..... auction sale; how many out of them were the subject-matter of the charge; what is the extent of the claim which the charge-holder can legitimately expect to enforce against the properties charged, these and other relevant matters must be considered before deciding whether or not the injury suffered by the charge-holder is substantial. ..... this question has been considered by the executing court when the matter was sent back that court by the judicial commissioner and the executing court has made a definite finding that the injury suffered by respondent no. ..... 100, it became a part of the provisions contained in chapter iv and automatically fell within the terms of the saving clause. ..... 1 does not show what injury she has suffered as a result of the said irregularity, and that, it is argued, constitutes a serious infirmity in the application which would entail its dismissal. .....

Union of India (Uoi) and anr. Vs. Belgachi Tea Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : (2008)4CALLT33(SC); (SCSuppl)2008(4)CHN152; (2008)216CTR(SC)337; [2008]1ITR304(SC); JT2008(7)SC114; 2008(8)SCALE407

..... the combined reading of rule 8 of the income tax rules, 1962 and section 8 of the 1944 act and its amendment by insertion of sub-section (1a) in section 8 of the 1944 act left no doubt that the income from `tea grown and manufactured' business, the income shall be computed in accordance with provisions of the 1961 act by the assessing officer under the 1961 act and 40% of the income is taxable under the 1961 act and 60% income is taxable under the 1944 act by the state treating it as income from agriculture.17. ..... the purpose of determining such cost, no deduction shall be made in respect of amount of any subsidy which under the provisions of clause (30) of section 10 is not includible.the similar provision in the 1944 act is sub-section (1a) of section 8, which reads as under:(1a) notwithstanding anything contained in this act, in the case of tea grown in west bengal and sold by the grower himself or his agent after manufacture, the agricultural income derived therefrom shall, as long as the purpose of assessment of income tax under the ..... the assessee also prayed that sections 3 and 5 of the bengal agricultural income tax (amendment) act, 1980 be declared as ultra vires of the constitution and beyond the competence of the state legislature in enacting the same.5. ..... it is true that both rule 8 of the income tax rules, 1962 and section 8 of the 1944 act provide how the mixed income from the growing tea leaves and tea manufacturing can be taxed. .....

Shah Originals Vs. Commissioner Of Income Tax 24 Mumbai

Court : Supreme Court of India

..... that where an assessee has an export turnover exceeding rs 10 crores and has made profits on transfer of depb under clause (iii-d) of section 28, he would not get the benefit of addition to export profits under the third or fourth proviso to sub-section (3) of section 80-hhc, but he would get the benefit of exclusion of a smaller figure from profits of the business under explanation (baa) to section 80-hhc of the act and there is nothing in explanation (baa) to 14 section 80-hhc to show that this benefit of exclusion of a smaller figure from ..... court, therefore, was not right in coming to the conclusion that as the assessee did have the export turnover exceeding rs 10 crores and as the assessee did not fulfil the conditions set out in the third proviso to section 80-hhc(3), the assessee was not entitled to a deduction under section 80-hhc on the amount received on transfer of depb and with a view to get over this difficulty the assessee was contending that the profits on transfer of depb under ..... 83,69,303/- (rupees eighty- three lakhs sixty-nine thousand three hundred and three) under section 80hhc of the act on the sale of duty entitlement pass book (depb) and duty-free replenishment certificate (dfrc), which had accrued to the assessee on the export of its products. ..... in the genealogical tree of the, interest land indeed appears in the second degree, but the immediate and effective source is rent, which has suffered the accident of non- payment. .....

Reserve Bank of India Vs. Jayantilal N. Mistry

Court : Supreme Court of India

..... in respect of rbi |penalized along with | | |instructions on derivatives for which |18 other banks for | | |rbi has imposed penalty of inr10|contravention of | | |lakhs on scb in exercise of its powers|various instructions | | |vested under section 47(1)(b) of |issued by the reserve| | |banking regulation act, 1949 and as |bank of india in | | |stated in the rbi press release dated |respect of | | |april 26, 2011 issued by department of|derivatives, such as,| | |communications rbi |failure to carry out | | | |due diligence in | | | |regard to suitability| | | |of products, selling | | | |derivative ..... it has to provide information to the information seekers under section 10(1) of the rti act, which reads as under: section 10(1) severability where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this act and which can reasonably be severed from any part that ..... but the word information available to a person in his fiduciary relationship are used in section 8(1) (e) of the rti act in its normal and well recognized sense, that is to refer to persons who act in a fiduciary capacity, with reference to specific beneficiary or beneficiaries who are to be expected to be protected or benefited by the action of the fiduciary. 47. .....

Kavalappara Kottarathil Kochuni and ors. Vs. the State of Madras and o ...

Court : Supreme Court of India

Reported in : AIR1960SC1080; [1960]3SCR887

..... observed: " the result of the decision is, that the constitution of the state has secured to every citizen the right of acquiring, possessing, and enjoying property and that, by the true intent and meaning of this section, property cannot, by a mere act of the legislature, be taken from one man and vested in another directly; nor can it, by the retrospective operation of law, be indirectly transferred from one to another, or be subjected to ..... have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or muafi or other similar grant and in the states of madras and kerala, any janmam right; (b)the expression 'rights', in relation to an estate, shall include any rights vesting in a proprietor, sub- proprietor, ..... to protect the rights of the members of the tarwad in a parti- cular class of sthanams, the restrictions imposed on the sthanees' rights in their properties would be reasonable and would be in the interests of the general public, notwithstanding the fact that the legislation indirectly affects the rights of a few decree-holder sthanees, who have established their rights ..... transfer in perpetuity of the right of cultivation), kariama (right of perpetual enjoyment), cooderoopad or nelamuri (assignment of rent produce), kutti kanom (mortgage of forests, the mortgagee felling the timber for trade and paying a fee on each stump or tree to the landlord). ..... this fell to be .....

Sait Nagjee Purushotham and Co. Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Reported in : AIR1967SC617; [1964]51ITR849(SC); [1964]6SCR91

..... tax was at any time charged under the provisions of the indian income-tax act, 1918 (vii of 1918), is discontinued, then unless there has been a succession by virtue of which the provisions of sub-section (4) have been rendered applicable no tax shall be payable in respect of the income, profits and gains of the period between the end of the previous year and the date of such discontinuance, and the assessee may further claim that the income, profits ..... in this way all cases of discontinuance of business are treated under the 3rd sub-section and all cases of succession under the fourth sub-section and all cases of mere change in the constitution of the firm, are neither cases under the third nor under the fourth subsections. ..... sait, (2) narayanjee purushotham sait (3) maneck lal purushotham sait and (1) nagjee amersee sait (2) narayanji purushotham sait (3) manecklal purushotham sait and (4) hemchand veerji sait and registered as 98 and 97 in the joint 11 sub-registrar's office, calicut respectively, are hereby revoked and the affairs of the firm shall be regulated and governed by the regulations agreed upon orally and reduced into writing in this deed of partnership; and the terms and conditions of the revoked deed shall not in future apply to the ..... in 1924, mathews retired. .....

State of Maharashtra Vs. Hans George

Court : Supreme Court of India

Reported in : AIR1965SC722; [1965]35CompCas557(SC); [1965]1SCR123

..... (1-a) whoever contravenes - (a) any of the provisions of this act or of any rule, direction or order made thereunder, other than those referred to in sub-section (1) of this section and section 19 shall, upon conviction by a court, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both; (b) any direction or order made under section 19 shall, upon conviction by a court be punishable with fine which may extend to two thousand rupees.' ..... in exercise of the power conferred by the said section on the central government, it had issued the following notification dated august 25, 1948 (as amended upto july 31, 1958) : 'in exercise of the powers conferred by sub-section (1) of section 8 of the foreign exchange regulation act, 1947 (vii of 1947) and in supersession of the notification of the government of india ..... the position under sections 8 and 23 of the act is, if we say so, just the ..... passage, in our opinion, is very apt in the present context and the offence created by sections 8 and 23(1-a) of the act. 70. ..... proviso of the notification dated november 8, 1962 issued by the board of revenue, it should be held that the general permission for bringing gold into india is subject to the condition laid down in the second proviso and that, as in the present case the gold was not disclosed in the manifest, the respondent contravened the terms thereof and was, therefore, liable to be convicted under the aforesaid sections of the foreign exchange act. .....

Premji Nathu Vs. State of Gujarat and anr.

Court : Supreme Court of India

..... from the date of knowledge, the initial onus is on him to prove that he (or his representative) was not present when the award was made, that he did not receive any notice under section 12(2) of the act, and that he did not have the knowledge of the contents of the award during a period of six months prior to the filing the application for reference. ..... learned counsel for the appellant argued that the application filed by his client was within the period prescribed under section 18 (2)(b) of the act and the reference court and the learned single judge of the high court committed serious error by refusing to enhance the compensation by erroneously thinking that the application made on 8.4.1985 ..... whether the application submitted by the appellant under section 18(1) of the land acquisition act, 1894 (for short, the act) was barred by time and civil judge (senior division), junagadh (hereinafter described as the reference court) rightly refused to entertain his prayer for enhancement of the compensation determined by the special land acquisition officer is ..... show that 5th april was holiday being good friday but 6th april was a working day and argued that if the period of six weeks is counted from the date of receipt of the notice issued under section 12(2), the conclusion recorded by the reference court and the learned single judge that the applications filed by the appellant and other landowners were beyond the time prescribed under section 18(2)(b) of the act cannot be faulted.9. .....

Sarabjit Rick Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2008(56)BLJR499; 146(2008)DLT197(SC); 2007(14)SCALE263; (2008)2SCC417; 2008(1)LC82(SC); 2008AIRSCW390; (2008)1SCC(Cri)449

..... it may in a sense be wider than the words 'documents and the evidence', but when a document is not required to be strictly proved upon applying the provisions of the indian evidence act or when an evidence is not required to be adduced strictly in terms thereof, the use of the word 'information' in section 10 of the extradition act as also articles 9(2) and 9(3) of the treaty becomes relevant. ..... on a conjoint reading of section 7 and section 10 of the act read with paragraphs 2 and 3 of article 9 of the treaty, we are of the opinion that the word 'information' occurring in section 7 could not mean an evidence which has been brought it on record upon strict application of the provisions of the evidence act. ..... on the premise that the said formal request did not satisfy the requirements of article 9 of the extradition treaty as well as section 7 of the act, he filed an application for supply of deficient documents and requested supply of copies thereof to lead his defence. ..... with these glasses we must look at the act as a whole and discover what each section, each clause, each phrase and each word is meant and designed to say as to fit into the scheme of the entire act.... ..... the use of the terminology 'evidence' in section 7 of the act must be read in the context of section 10 and not d'hors the same. .....