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P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497

..... developed only under the cantonments act, 1924, which contains ample provisions in that regard and that the provisions of the 1894 act read with the delhi development act, 1957 cannot be invoked ..... cantonments act, 1924 was enacted to consolidate and amend the law relating to the administration of cantonments ..... paras 4, 5, 6 and 7 of the writ petition, it is submitted that the averments made therein pertain to the insurance of various notifications, provisions of cantonment act, 1924, and indian works of defense act. ..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1910), and later by the very elaborate code of 1924, an act of 292 sections and six schedules (act 2 of 1924), which superseded all previous legislation and is, though it has not itself escaped amendment, the principal act relating to ..... section 4(3) of the cantonments act ..... tramways or other means of locomotion, and electric lighting or elecric power works ; or (k) adopting any measure, other than a measure specified in section 116 or in the foregoing provisions of this section, likely to promote the safety, health or convenience of the inhabitants of the cantonments ; (2) a board may, either within or outside the cantonment, make provisions for the doing of anything on which expenditure is declared by the central government, or by the board with the sanction of the ..... cantonments act, a consolidating and amending measures, was passed in 1889 and repealed a large number of existing acts .....

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1978Delhi515

..... now the cantonments act 1924 has an important section on the subject of acquisition of immovable ..... the cantonments act, 1924 which also control the use and enjoyment of land in the cantonment area. ..... the cantonments act 1924 t! ..... can the central government ignore the provisions of the cantonments act and acquire land for the purposes of the cantonment under the delhi development act 1957 that is the simple question that arises in ..... in addition to the act of 1924 which municipalized the administration of the cantonments there are other laws ..... act of 1924 creates a statutory corporate body known as the cantonment ..... it need hardly be said that the housing activity beneficial to the population is a public purpose and it being open to the central govermant by virtue of sub-section (2) of section 11-a of the development act to make alterations in the master plan, after acquisition of the land, the central government, 'if it so chooses to carry out housing activity in the acquired area, can do so by changing ..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1910) and later by the very elaborate code of 1924, an act of 292 sections and six schedules (act 2 of, 1924), which supersedes all previous legislation and is, though it has not itself escaped amendment, the principal act relating to the subject which is now ..... general cantonments act, a consolidating and amending measure was passed in 1889 and repealed a large number of existing acts and regulations .....

Durga Dass Sud and anr. Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1972HP26

..... the land and the property of the cantonment after the cantonments act 1924, could only be dealt with in accordance with the provisions of the said act. ..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1960), and later by the very elaborate code of 1924, and act of 292 sections and six schedules (act 2 of 1924), which superseded all previous legislation and is, though it has not itself escaped amendment, the principal act relating to the subject which is now in force.'18. ..... under which power is sought to be exercised in resuming the grant and taking possession of the house is not an existing law or law which has the statutory force as it had quite a long time back been superseded and repealed and enacted by the legislature and thereafter the cantonment act. ..... the first general cantonment act, a consolidating and amending measure, was passed in 1889 and repealed a large number of existing acts and regulations. ..... and whereas, notwithstanding the said conditions, rules, regulations and orders, difficulties have frequently been experienced in obtaining house-accommodation in cantonments for military officers and it is expedient to make better provision for that purpose; it is hereby enacted as follows:'this act remained in force till it was repealed by the cantonments (house-accommodation) act. ..... 1902 and which was also subsequently repealed by the cantonments (house-accommodation) act. .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... 1911. 182 the criminal tribes enquiry committee report (1949-50), https://ia802807.us.archive.org/11/items/dli.csl.944/944.pdf, 6 183 section 6, criminal tribes (amendment) act 1923 https://164.100.163.187/repealedfileopen?.rfilename=a1923- 1.pdf 184 section 8, criminal tribes (amendment) act 1923 185 section 12, criminal tribes (amendment) act 1923 186 act no.06 of 1924 67 part xi province or to another province, he shall still be treated as a criminal tribe in that district ..... resolution stated: there has been a persistent demand in the central legislature in recent years that the criminal tribes act, 1924, should be repealed as its provisions which seek to classify particular classes of people as criminal tribes, are inconsistent ..... member of a notified tribe or not, has within any period of ten years following the aforesaid date, been convicted not less than thrice of any of the offences specified .291 the rajasthan act gave too much discretion to the district magistrate.292 a biased officer may never declare any members of a criminal tribe as no longer habitual criminals even if they may not have any convictions at all. ..... union of india,226 while dealing with the prohibition of employment as manual scavengers and their rehabilitation act, 2013, the court directed the union government to take appropriate measures and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning .....

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... of doubts, it is hereby clarified that for the purposes of issuance of notice under section 148 as per time-limit specified in section 149 or sanction under section 151 of the income-tax act, under this sub-clause, the provisions of section 148, section 149 and section 151 of the income-tax act, page 45 of 112 part a directed the assessing officers to apply the provisions of ..... 2021, belongs to the assessee; or (iv) the assessing officer is satisfied, with the prior approval of principal commissioner or commissioner, that any books of account or documents, seized or requisitioned under section 132 or section 132a in case of any other person on or after the 1st day of april, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee, the assessing officer ..... is brought into existence in its place.110 the deletion effectively repeals the existing provision.111 thus, an amendment by substitution results in the repeal of an earlier provision and its replacement by a new provision.112 the repealed provision will cease to operate from the date of repeal and the substituted provision will commence operation from the date of ..... observed that if a statutory authority has the power to perform any act that will prejudicially affect the subject, then although there are no two parties apart from the authority and the contest is between the authority proposing to do the act and 38 thomas cooley, the law of taxation (4th edn, 1924) 2116 39 kalawati devi harlalka v. .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... filed a writ petition before the high court of orissa seeking a declaration that section 17(5)(d) of the cgst act and the corresponding provisions of the orissa goods and services act, 2017 do not apply to the construction of immovable property intended for letting ..... in the writ petitions, the petitioners contend that due to the restrictions imposed by section 17(5)(c) and section 17(5)(d) of the cgst act, they are unable to avail the credit on gst paid on goods and services used in the construction of factory premises, buildings etc against the gst received by them for ..... used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013); (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of section 74 in respect of any period up to financial year 2023-24. ..... he is in possession of a tax invoice or debit note issued by a supplier registered under this act, or such other tax paying documents as may be prescribed; (aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37; (b) he has received the goods or services or both; explanation. .....

Dr Shanth A Thimmaiah Vs. The Government Of Karnataka

Court : Karnataka

..... (para13) charges not framed 5.5 in the present case, the first two show cause notices were not shown to be issued under section 6(1)(g) of the act which was the only provision to proceed against the incumbent for his disqualification or removal, nor did it speak anything about the proposed ..... trilochand dev sharma (supra), the supreme court discussed the concept of abuse of power in the context of provisions of punjab municipal act, 1911, section 22 of which act contemplated abuse of powers to be a ground for removal of the president of the municipal council.-. ..... (vii) the petitioner was disqualified as member and consequently removed/dismissed as chairman under section 6(2) of the act, in total disregard of natural justice, without framing charge and even without giving opportunity of hearing ..... was submitted that karnataka state pollution control board is a body corporate in terms of sub- section (4) of section 3 of the water act and that article 311 would not apply to body corporates. ..... omnipresence of natural justice 5.3 it was sought to be contended by respondents that under section 50 of the water act, the petitioner is a public servant, however he does not fall within the meaning of civil servant, therefore, article 311 of the constitution will not ..... was pointed that the grounds under section 6(1)(g) of the act was not made out against the petitioner and even otherwise without - 13 - compliance of natural justice, the order under section 6(2) of the act could not have been passed. .....

M/s Patanjali Foods Limited Vs. Commissioner Of Central Excise And Ser ...

Court : Karnataka

..... is relevant to note that a division bench of the gujarath high court in the case of the commissioner of customs13, while considering an appeal filed by the revenue in the case of patanjali after noticing section 32a of the ibc as well as the amended section 31 of the ibc as also the judgment of the hon ble supreme court in the case of ghanshyam mishra10 has held as follows: 14. ..... definitions:5.12) insolvency commencement date means the date of admission of an application for initiating corporate insolvency resolution process by the adjudicating authority under sections 7, 9 or section 10, as the case may be; 5(17) liquidation commencement date means the date on which proceedings for liquidation commence in accordance with section 33 or section 59, as the case may be; -17- 5(26) resolution plan means a plan proposed by 7[resolution applicant]. ..... -7- is further contended that the revenue did not make a claim before the irp with regard to the excise duty demanded and having regard to section 32a of the ibc and the judgments of the hon ble supreme court passed in the cases of ghanshyam mishra v. ..... poonacha) the present appeal is filed by the assessee under section 35g of the central excise act, 19441 challenging the final order no.21234/2023 dated 9.11.2003 passed in excise appeal no.25387/2013 by the customs, excise and service tax appellate tribunal, ..... (ii) as to whether the amendment to section 31 by section 7 of act 26 of 2019 is clarificatory/declaratory or substantive in nature .....

Mysore Lamp Works Limited Vs. S V Engineers And Contractors

Court : Karnataka

..... appointment of the sole arbitrator, petitioner s.v.engineers and contractors, represented by its proprietor sri santosh s dhakad filed proceedings in cmp no.21/2003 under section 11(6) of the arbitration and conciliation act, 1996 to appoint sole arbitrator for settling certain claims of the petitioner relating to unauthorised deduction and other items and that certain subsequent disputes have ..... in respect of issue no.2 whether the appointment of the arbitrator is bad for want of notice as per section 11 of the act, the sole arbitrator has held that as per the then existing procedure there was no requirement that the claimant should have given notice as per section 11(5) of the act before filing cmp no.21/2003 since what transpired was the post of the named arbitrator had been 25 wound up and therefore, the ..... award rendered by the iv addl.city civil and sessions judge at mayo hall unit, bengaluru in a.s.no.25001/2011 dated 30.07.2018 wherein the suit filed under section 34 of the arbitration and conciliation act, 1996 came to be dismissed and consequently, award passed by the sole arbitrator in cmp no.21/2003 dated 04.12.2010 was confirmed.3. ..... award rendered by the iv addl.city civil and sessions judge at mayo hall unit, bengaluru in a.s.no.15001/2005 dated 30.07.2018 wherein the suit filed under section 37 of the arbitration and conciliation act, 1996 came to be dismissed and consequently, award passed by the sole arbitrator in cmp no.76/2001 dated 14.10.2004 was confirmed.2. .....

Union Of India Vs. South Indian Sugar Mills Association Karnataka (sis ...

Court : Karnataka

..... 5.4 it could be well countenanced, atleast as a prima facie view, the submission on behalf of the union of india when it was submitted that the decision arrived at under the act by invoking section 3 read with section 4 and the consequential issuance of notification specifying the commodity or the extent of commodity to be packed in the jute bags, is a policy decision. ..... khc:40132-db wa no.1405 of 2024 considerations mentioned in sub-section (2) of section 4 of the jpm act are taken into account. ..... 4.1 it was highlighted that section 4 of the jpm act deals with the constitution of standing advisory committee by the central government to give advice in the matter and while indicating its recommendations, the factors and - 11 - nc:2024. ..... 2.1 by the said notification dated 26th december 2023 of the ministry of textiles, issued in exercise of powers conferred under section 3 of the jute packaging materials (compulsory use in packing commodities) act, 1987 - 5 - nc:2024. ..... if the central government is of the opinion that it is necessary or expedient in public interest, it may exempt person or class of persons supplying or distributing any commodity or class of commodities from operation of an order made under section 3 of the act. ..... udaya holla proceeded to elaborate his submissions raising the following aspects to justify the impugned order, (i) the recommendations of the sac has to base on the matters provided in sub-clauses (a) to (g) of section 4 of the jpm act. .....