Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: uttaranchal Page 1 of about 127 results (0.060 seconds)

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... advanced by the learned counsel for the rival parties, we are of the view that the amendments incorporated by the uttarakhand legislature through the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) (amendment) act, 2009, notified on 16.03.2009, were fully within its legislative competence, and that, the aforesaid amendments did not encroach upon an area over which the parliament exclusively had the authority to legislate. ..... the definition of the term 'entertainment' wherein 'direct-to-home' (dth) broadcasting service had been included, by the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) amendment act, 2009 notified on 16.03.2009, the petitioner company expressly acknowledged, that 'direct-to-home' (dth) broadcasting service is an 'entertainment'. ..... the pointed contention advanced by the learned counsel for the petitioner, the uttarakhand legislative assembly amended the definition of the term 'entertainment' contained in section 2(g) of the entertainment act, 1979 through the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) amendment act, 2009 notified on 16.03.2009. ..... 2009, the state of uttarakhand preferred petition for special leave to appeal (civil) ..... reasons, we find no merit in civil appeal no. ..... including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power.'2. .....

Jayanti Prasad Nautiyal Vs. Kamla Nand Bahuguna and anr.

Court : Uttaranchal

Reported in : AIR2009Utr26

..... the scheme of order 8 as amended by act 104 of 1976, we are of the opinion, that there are three modes of pleading or setting up a counter-claim in a civil suit. ..... latter two cases the counter claim though referable to rule 6-a cannot be brought on record as of right but shall be governed by the discretion vesting in the court, either under order 6 rule 17 cpc if sought to be introduced by way of amendment, or subject to exercise of discretion conferred on the court under order 8 rule 9 cpc if sought to be placed on record by way of subsequent pleading.5. ..... laid down under rule 6-a(1) is that a counter claim can be filed, provided the cause of action had accrued to the defendant before the defendant had delivered his defence or before the time limited for delivering his defence has expired, whether such counter claim is in the nature of a claim for damages or not. ..... order dated 23-4-2008, the learned trial court had allowed the petitioner's application for amendment of the written statement to incorporate the petitioner's counter-claim in the written statement. ..... in manu/sc/0387/2003 : [2003]3scr1149 , it has clearly been held by their lordships of the supreme court that a counter claim can be preferred by a defendant in a suit by way of amendment incorporated in the original written statement subject to the leave of the court. ..... , is it permissible under law, after a written statement has originally been filed, to amend the same subsequently for incorporating a counter claim therein4. .....

Pooran Chandra Lohani S/O Sri Jai Dutt Lohani Vs. Kailash Chandra Chil ...

Court : Uttaranchal

Reported in : AIR2010Utr3

..... as inserted by allahabad high court amendment and the explanation attached thereto will have no application after the code of civil procedure (amendment) act, 1976, came into force? ..... (amendment) act, 1976 provides that any amendment made, or any provision inserted in the principal act by a state legislature or a high court, before the commencement of this act, shall, except in so far as such amendment or provision is consistent with the provision of principle act as amended by this act, stand repealed ..... (amendment) act 1976, came into force ..... (amendment) act, ..... (amendment) act, 1976, ..... where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the furtherprogress of the suit, for which time has been allowed, [the court may, notwithstanding such default, - (a) if the parties are present, proceed to decide the suit forthwith; or(b) if the parties are, or any ..... that being so, it cannot be said that the allahabad high court amendment which was added to rule 2 of order xvii stood repealed w.e.f ..... in other words, allahabad high court amendment in the rule still holds good.11 ..... the plain reading of allahabad amendment framed and incorporated under section 122 of the code ..... the allahabad high court amendment which existed prior to above explanation ..... of 1984, affirming the judgment and decree dated 19.10.1984, passed by the trial court (civil judge, almora, camp pithoragarh), in suit no. .....

Tata Elxsi Limited Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : [2004]134STC403(Uttra)

..... explanation omitted by the constitution (sixth amendment) act, 1956, section 4.sub-sections by the constitution (sixth amendment) act, 1956, section 4, for clauses (2) and (3).sub-sections by the constitution (forty-sixth amendment) act, 1982, section 3, for clause (3). ..... by the constitution (forty-sixth amendment) act, 1982, section 4]. ..... --(1) notwithstanding anything contained in section 3-a or section 3-aaa or section 3-d but subject to the provisions of sections 14 and 15 of the central sales tax act, 1956, every dealer shall, for each assessment year, pay a tax on the net turnover of--(a) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred ..... therefore, in cases of inter-state sales falling under section 3(a) of the central sales tax act, 1956 it is not relevant to consider the situs of the sale or the state in which the property in the goods happens to ..... the principles are as follows :(i) under section 3(a) of the central sales tax act, 1956, only a transaction of sale connected with the movement of goods is regarded as an inter-state ..... of commercial taxes reported in [1995] 97 stc 330.at this stage it may be mentioned that in the above writ petition we are concerned with imposition of tax under section 3-p of the u.p, trade tax act, 1948 for the assessment year 2000-2001. ..... scope of section 3(a) of the central sales tax act, 1956 read with article 286 and article 366(29a) of the constitution as also section 3-f of the .....

Smt. Pooja Rajput Vs. State of Uttarakhand and ors.

Court : Uttaranchal

Reported in : AIR2010Utr24

..... act (as inserted by amending act ..... are elevated to the constitutional status by part ix of the constitution introduced by constitution (73rd amendment) act. ..... the state legislature, keeping in view the mandate of article 243-0(b) of the constitution of india, enacted section 12-c of 'panchayat raj act', providing therein that election of a person as 'pradhan' shall not be called in question except by way of an election petition, presented to such an authority within such time and in such manner ..... there is no ambiguity either under article 243-o(b) of the constitution of india or under section 12-c of 'panchayat raj act' whereby the jurisdiction of court or any authority to call in question the declaration of result of an elected office bearer of panchayat by ..... in the present petition the sub-clause (iii-a) of clause (g) of sub-section (1) of section 95 of 'panchayat raj act', article 243-0 of the constitution of india and enacted section 12-c of 'panchayat raj act' are being quoted hereunder:sub-clause (iii-a) of clause (g) of sub-section (1) of section 95 of u.p. ..... he further submitted that sub-clause (iii-a) of clause (g) of sub-section (1) of section 95 of 'panchayat raj act' is not hit by article 243(0) of the constitution of india and the show cause notice dated 18-10-2008 was rightly ..... we are convinced that section 95(1)(g) sub-clause (iii-a) of the 'panchayat raj act' violates the constitutional provision contained in article 243-o(b) of the constitution of india and therefore .....

State of Uttarakhand and anr. Vs. Ski and Snow Resorts Pvt. Ltd.

Court : Uttaranchal

..... that the provisions of the upza & lr act has been adapted in the kuza act by incorporation and, consequently, only those provisions which were initially incorporated by section 47 and 52 of the kuza act are only made applicable to the kuza act and that any subsequent amendment or insertion of a new provision made in upza & lr act would not automatically apply to the areas governed under the kuza act unless a special provision was made in the amending act indicating that the said provision ..... would also apply to the areas governed by the kuza act. ..... : 1979 (2) scc 529, the question was in regard to the effect of subsequent amendment in section 100 of the code of civil procedure, 1908 on section 55 of the monopolies and restrictive trade practices act, 1969 (for short 'the mrtp act'). .....

State of U.P. and anr. Vs. R.B. NaraIn Singh Sugar Mills Ltd. and anr.

Court : Uttaranchal

Reported in : AIR2007Utr87

..... the oudh rent (amendment) act and the agra tenancy act, were enacted, the provincial legislature was dominated by landed interest, and these acts were the result of a compromise between the landlords and the government, as representing the interests of the tenants and other subordinate tenure-holders. ..... to which provisions of clauses (a) to (c) of sub-section (1) of section 18 apply or on land referred to in section 9, and(vi) tanks, ponds, private ferries, water channels, pathways and abadi sites, situate in a circle, which had vested in the state under this act, shall vest in the gaon sabha established for the circle:provided that, it shall be lawful for the state government to make the declaration aforesaid either in respect of all or any of the things mentioned in clauses (i) to (vi) and ..... it was, therefore, 'to improve relations between landlords and tenants in oudh and specially to give the latter greater security of tenure at a fair rental that the oudh rent (amendment) act 4 of 1921 was enacted.this act had repercussions in the province of agra. ..... 3 of 1992 and 4 of 1992 before civil judge, haridwar for the decree of permanent injunction against the defendants directing the defendants not to make any type of interference in the possession of the properties belonging to the plaintiffs given at the foot of the plaints ..... the defence witness shravan kumar has not deposed even a single word about the factum of non-receipt of notice. .....

Shankar and ors. Vs. Surendra Singh Rawat and anr.

Court : Uttaranchal

Reported in : AIR2007Utr15

..... now after the enforcement of the amendment act 1976, the first appeal is also final court of law in a sense that its decision on question of law even if erroneous may not be vulnerable before the high court in second appeal because the jurisdiction of the ..... the learned counsel for the defendants/ appellants raised the contention that the civil court had no jurisdiction to try the case and the property in dispute comes within the jurisdiction of the revenue ..... once the suit is maintained for the main relief in the civil court, then there is no bar for the civil court to grant possession flowing from the same cause of action ..... the relief of possession will be merely an ancillary relief which the civil court could grant after having taken the cognizance of the suit for injunction and ..... thus both the courts below had held that the civil court had got the jurisdiction to decide the case ..... the courts below were justified in holding that the civil court had the jurisdiction to try the suit. ..... in manu/up/0100/1969 : air1969all526 has held that if the suit for perpetual injunction and mandatory injunction alongwith the ancillary relief of possession have been filed before the civil court, the civil court had the right to entertain the said suit under section 9 of the civil procedure code.8. ..... it was further alleged that the civil court had no jurisdiction to entertain the ..... is settled position of law if the main relief is cognizable by the civil court, the suit can be filed before the civil court. .....

Telecommunication Consultants India Ltd. Vs. Commissioner of Commercia ...

Court : Uttaranchal

Reported in : (2010)29VST265(NULL)

..... of the principles providing situs of sale was engrafted in the explanation to clause (1)(a) of article 286, as it existed prior to the constitution (sixth amendment) act, which provided that the situs of sale would be where the goods are delivered for consumption. ..... during motion hearing, a division bench of this court, vide an order dated 06.04.2009, noticed the submission advanced on behalf of the revision petitioner, and framed the questions of law arising for ..... appellants in civil appeals and the petitioners in the writ petitions filed under article 32 of the constitution and transferred petition, and respondent in civil appeal nos. ..... respect of a -(a) transfer referred to in clause (a) of sub-section (1) whether such transfer was agreed to during that assessment year or earlier, -(i) the amount representing the value of the goods covered by sections 3, 4 and 5 of the central sales tax act, 1956;(ii) the amount representing the value of the goods exempted under section 4;(iii) * * *(b) (i)-(xii) * * * * * *the aforesaid provisions show that so far as the inter - state sales are concerned, in substance they are not taxable ..... the delivery of the car was taken from gurgaon (haryana), thus, the taxable event, namely, the transfer was complete in delhi, but if the hirer uses the car in bombay, the maharashtra act treats such a deemed sale as taxable by that state on the mere use of the car in maharashtra state which has no nexus with the taxable event under sub-clause (d).xxxx xxxx90. .....

Kailash Chandra Petshali S/O Sri Hari Dutt Petshali Vs. State of Uttar ...

Court : Uttaranchal

..... it is pertinent to mention here that vide indian forest (uttaranchal amendment) act, 2001, section 52a, 52b, 52c, 52d, have been inserted in the central act. ..... the short question, before this court, raised by the revisionist is that in view of the provision contained in section 52 of indian forest act, 1927, the power of seizure or confiscation or release, are with the forest authority and not with the civil court. ..... section 52d of uttaranchal amendment, provides that in respect of the power conferred under section 52a, 52b, the jurisdiction of the civil court shall remain barred.5. ..... resin and other forest produce (trade regulation) act, 1976. .....