Court : Punjab and Haryana
Reported in : (2006)205CTR(P& H)304; [2006]286ITR1(P& H)
..... business purpose, the interest to the extent the advance had been made without carrying any interest is to be disallowed under section 36(1)(iii) of the act. such borrowings to that extent cannot possibly be held for the purpose of business but for supplementing the cash diverted without deriving any benefit out of it. accordingly ..... nonbusiness purposes. rather, there should be nexus of use of borrowed funds for the purpose of business to claim deduction under section 36(1)(iii) of the act. that being the position, there is no escape from the finding that interest being paid by the assessee to the extent the amounts are diverted to sister concern ..... a device to divert the income before it accrues to arise to him. effectiveness of the device depends not upon considerations of morality, but on the operation of the incometax act. legislative injunction in taxing statutes may not, except on period (pain ?) of penalty, be violated, but it may lawfully be circumvented. the same judge, speaking for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
..... authority. this has become necessary also because of this stand taken on behalf of the state of rajasthan, even at this stage, relating to permissions granted for mining in such area which is clearly contrary to the decisions of this court. it is reasonable to assume that any state government which has failed to appreciate the ..... on account of erroneous view point of forest department. in fact and law, such area is not 'forest' and mining is not prohibited and, therefore, the question of seeking permission under section 2 of the forest conservation act does not arise.81. in the instant case, it is not necessary to decide the legal effect of issue ..... there is no requirement of mentioning the provision under which the application is moved; that permission under section 11 of the act was required only for carrying out querying and mining and 'it is not mandatory to submit the application in the prescribed proforma, but even otherwise all the informations required by the defendants in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)102PLR683
..... impugned orders are unsustainable on this ground alone. since both the courts have examined the evidence led by the parties including the bar of section 14 of the act, it would be just and proper to examine as to whether any impropriety has been committed by the authorities below while evaluating the evidence.14. learned counsel ..... carefully considered the respective submissions made by both the counsel and have perused the relevant material placed on record.13. section 14 of the east punjab urban rent restriction act, 1949 is in the following terms : -'the controller shall summarily reject any application under sub-section (2) or under sub-section (3) of section 13 which ..... that the building has become unfit and unsafe for human habitation and he requires the same for re-construction. it was further averred that respondents have committed such acts, i. e., have constructed a projection in front of the shop towards the east and have constructed a new room on the back room towards the west .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2006(109)FLR968]; (2006)142PLR437
..... the management, there was no industrial dispute in existence and, therefore, the reference made by the government under section 10 of the industrial disputes act was incompetent. there was another preliminary objection with which we are not concerned in this appeal. the first preliminary objection found favour with the industrial ..... indiscipline, chaos, lawlessness, atmosphere of terror and abusing and threatening and forcibly stopping the despatch, misbehaving with the customers coming from outside. ali these acts were done by the workmen collectively and the representatives of the labour organisation had a major role.the management has analyzed the whole circumstances created by ..... to maintain discipline, production and productivity. the workers union also promised not to indulge in strike or go-slow or any other such or similar acts of indiscipline.4. on account of the aforesaid financial crisis and the labour unrest, it is alleged, that the losses of the petitioner-company appreciated .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR254
..... supra), the hon'ble supreme court has the occasion to discuss the scope of section 34 of the code of civil procedure as well as the provisions of banking regulation act, 1949. the supreme court in the said case approved the view of this court in a judgment reported in commissioner of income tax, punjab, jammu and kashmir and ..... from the date when the debt is payable to the date of the institution of the proceedings. the current rate of interest under section 2(b) of the act means highest of the maximum rates at which interest may be paid on different classes of deposits other than those maintained in savings account or those maintained by charitable ..... different classes of schedule banks in accordance with the directions given or issued to the banking companies generally by the reserve bank of india under the banking regulations act, 1949.14. in view of the principles laid down by the hon'ble supreme court in the judgment mentioned above and keeping in view the provisions of interest .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1995)111PLR1
..... give appropriate notices to the affected persons (individuals/firms/companies) who have raised constructions/have made encroachments in violation of the provisions of the 1963 act, and thereafter pass orders for removing the unauthorised constructions/encroachments; (3) such steps should be taken by the respondents within a period of six months ..... by all persons interested and such persons shall be entitled to take extracts therefrom.' 10. in order to give effect to the provisions of the act, the state legislature has framed the punjab scheduled roads and controlled areas restriction of unregulated development rules, 1965. part i of these rules contains ..... has raised unauthorised construction. according to the respondents, the petitioner raised unauthorised construction even before he had submitted an application under section 8 of the 1963 act for permission to change the land use. it has been stated that the district town planner (enforcement). faridabad, issued a show-cause notice to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR175
..... by the trial court decreeing the suit of plaintiff jagdish chander and so confirmed by the first appellant court, this application under section 65 of the indian evidence act for permission to lead secondary evidence so as to prove the will set up in the written statement has been filed. notice of this application was given to ..... him as reflected in the sale deed, contends the learned counsel.5. confronted with this situation, appellants filed the present application under section 65 of the indian evidence act for permission to lead secondary evidence so as to prove the will said to have been executed by their father-pokhar dass. it requires to be mentioned here ..... for deciding the same in accordance with law. the observations made in this order are only for the purpose of deciding the application under section 65 of the evidence act and shall not be construed as an expression of opinion. the trial court shall, thus, decide the matter, uninfluenced of any observations that have been made in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR3
..... and consequentially the plaintiff is entitled to possession of the suit land in view of her finding that the decree dated 12.3.1991 required registration under the indian registration act. in the absence of registration, it conveyed no right, title or interest to ch. sube singh, ajay chaudhary and sanjay chaudhary defendants. it was found that ..... successfully challenge that decree. otherwise, there is not even a iota of truth so far as this story goes. it was denied that the benami transaction and prohibition act, 1988 has any applicability so far as this decree is concerned. it was denied that any pattanama was got executed on 12.1.1991 from her through undue ..... was ancestral of the parties. in other words she was only benami owner of the property. decree was hit by section 4 of the benami transaction and prohibition act, 1988. decree was obtained by practising coercion and undue influence upon her. she and the defendants have been working together at tps research and breeding farm. on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR517
..... shall deemed to have vacated his office.'4. the pleadings of the parties aforesaid are required to be considered keeping in view the provisions of the act aforesaid. the first question for consideration is as to whetther the resignation letter of the petitioner which had been admittedly withdrawn before the meeting of the ..... hands for removal of the petitioner. further details of the resolution passed are given. it is further alleged that the petitioner was estopped by his own act and conduct to challenge his election as chairman as he had participated in the nomination of another candidate giani sukhdev singh against the petitioner. on merits similar ..... withdrawn and ultimately the samiti accepted the resignation in view of the provisions of section 19(1) of the punjab panchayat samiti and zila parishad act, 1961 (hereinafter called 'the act') and the petitioner was removed from the post of chairman in accordance with the rules. vide this resolution shri kanwarjit singh was appointed as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR285
..... its proviso which is interpreted as above.12. in madan lal's case (supra) their lordships were considering the provisions of section 76(1) and (2) of companies act, 1956. interpreting the proviso, their lordships held' as has been observed by craies 'on statute law', provisos are often inserted 'to allay fears' or to remove misapprehensions. ..... landlord, but he further held that this premises is a non-residential premises, which cannot be got evicted by the landlord under section 13-a of the act and lastly, the rent controller also held that the petitioner-landlord has failed to prove that he bonafidely requires the demised premises for his residence. hence, the ..... assailment was that the demised premises is a commercial building and for the residential need of the landlord, respondent cannot be evicted under section 13-a of the act. it is also averred that the petition is not maintainable as the petitioner-landlord is seeking partial ejectment from the first floor and barsati floor, but the .....
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