Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 62 insertion of new section 446a Court: rajasthan Page 1 of about 18 results (0.200 seconds)

Indian Oil Corporation Limited Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2003(1)WLN528

..... to filing of three writ petitions by the three oil companies challenging the constitutional validity of sections 4, 5 and 6 of the rajasthan municipalities (second amendment) act no. 13 of 1990. in the alternative it was prayed that amended provisions be read down as not to include goods brought ..... within the municipal limits for its ultimate use, consumption or sale outside municipal limits and consequently to quash the demands raised by the respondent municipal council.9. since filing of this writ petition, the provision similar to the amendment ..... court on 23.1.1990.6. thereafter, the state government passed an act called the 'rajasthan municipalities amendment act no. 13 of 1990 by which section 104 of the rajasthan municipalities act 1959 was amended. the amendment was brought into effect by creating legal fiction that once the goods have entered .....

Prakash Chandra Modi Vs. Board of Revenue and ors.

Court : Rajasthan

Reported in : AIR2007Raj183

..... covered by the transfer.11. to appropriately appreciate and comprehend the question i may also gainfully notice, that by rajasthan taxation laws (second amendment) act, 1976, as substituted by the act of 1997 in rajasthan, this article 63 has been amended, to the effect, that in case of transfer of lease, by way of assignment, the stamp duty provided is, as on ..... a conveyance (no. 23), for a consideration equal to the amount of the market value of the property. this amendment is made in the year ..... market value of the property, and prior to that, it is to be leviable on the amount equal to consideration for the transfer. a combined reading of amended and un-amended provision does leave no manner of doubt, that the transaction in question is covered by article 63 only and the stamp duty is to be paid on the .....

Prakash Chandra and ors. Vs. Oriental Fire and General Insurance Co. L ...

Court : Rajasthan

Reported in : 1986(2)WLN53

..... history to appreciate the scope of the contention raised in that case. it was after considering the section as it stood after amendment by the motor vehicles (amendment) act (no. 100 of 1956) that it was held that the insurance company could be made liable for an amount in excess of the statutory limit of rs. 20,000/- as it stood then, ..... reason that we are in this case concerned with the section as it stands after the amendment brought to section 95(2) of the motor vehicles act by the motor vehicles (amendment) act (55 of 1969), which came into force on 2nd march, 1970. by the said amendment, section 95(2)(b)(ii)(4) has been introduced which reads as follows:(4) subject ..... in the the above decision. we hold that the decision could be distinguished on its facts. the section applicable in the present case is the amended section 95(2) as it now stands with effect from 2nd march, 1970. clause (4) limits the claim of each individual passenger in a case like this to rs. 5000/-. therefore, we held .....

Vimla Srivastava Vs. Rajnidevi Sharma and ors.

Court : Rajasthan

Reported in : 2(1986)ACC493

..... contention raised in that case. it was after considering the section as it stood after considering the section as it stood after amendment by the motor vehicles (amendment) act 100 of 1966, that it was held that the insurance company could be made liable for an amount in excess of the statutory limit of rs. 20,000/- as it stood then, ..... that decision for the reason that we are in this case concerned with the section as it stands after the amendment brought to by the motor vehicles (amendment) act 56 of 1969, which came into force on 2nd march, 1970. by the said amendment, section 95(2)(b)(ii)(4) has been introduced which reads as under:(4) subject to the limits aforesaid ..... court in the above decision. we hold that the decision could be distinguished on its facts. the section applicable in the present case in the amended section 95(2) as it now stands with effect from 2nd march, 1970. clause (4) limits the claim of each individual passenger in a case like this to rs. 5,000/-. therefore, we .....

Shree Cement Limited and anr Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

..... simply because of the delay in processing. the essence of the judgment is not relevant to the issues raised in the case at hand. 42. the second judgment quoted by the applicant company i.e. hossein kasam dada (india) ltd. vs. the state of madhya pradesh delivered on 25.2.1953 quoted in sales tax cases, vol. ..... w.e.f. 1.4.06 because of the promulgation of the rajasthan value added tax act and the determination of the basic tax rate on cement at 12.5%. the applicant company cannot retain tax subsidy in excess of the provisions of the amended rips 2003. accordingly, i hold that the principle estoppel has not been violated by the ..... of the tax exemption, the benefit thereunder could be claimed only for such period as the exemption was in force before being withdrawn by the subsequent notification. the second notification providing for a period of five years operation of the exemption was prospective in operation. that notification was, therefore, to apply only to those new industries which .....

J.K. Synthetics Vs. Municipal Council, Kota

Court : Rajasthan

Reported in : AIR1989Raj51; 1988(2)WLN487

..... such a plea was also not raised by it before the first appellate court. this plea cannot be allowed to be agitated in second appeal and more so when the case of the plaintiff-company was that it paid octroi duty without any objection when the cops were imported for the first time within municipal limits, when the ..... it was contended before t he calcutta high court in its ordinary original civil jurisdiction, firstly, that the impugned provision was not ultra vires the indian legislature and secondly, that whether the impugned provision was or was not ultra vires, the high court in its original civil jurisdiction was precluded from entertaining the suit by reason of ..... are brought and consumed by persons other than the company.originally section 73(1)(iv) empowered the municipality to impose octroi on animals or goods or both brought within the octroi limits for consumption or use therein. the word 'sale' was not there. there was an amendment of the act in may 1954 whereby the word 'sale' was .....

P.N. Dhoot Investment Company Pvt. Ltd. Vs. State of Rajasthan and ors ...

Court : Rajasthan

Reported in : [1993]88STC25(Raj)

..... case are concerned, we will decline to go into them and the investment company as well as the company will have to agitate the matter in appeal, etc., which may be prescribed under the state act.7. the notification dated july 3, 1986, as amended vide notifications dated july 21, 1988 and june 2, 1989 reads as ..... the aforesaid powers above notifications were issued by the commissioner, commercial taxes. a bare reading of notification dated october 23, 1967, as amended from time to time will show that its second paragraph gives direction that the commercial taxes officers, anti-evasion circle, jaipur and kota shall have jurisdiction over dealers in whose case any ..... on plurality of officers. the notification appointing ten officers for whole of the state of andhra pradesh was quashed. in the second of the three cases, i.e., in the case of mcdowell & company ltd. the court said that the notification delimiting their areas of operation could not have retrospective effect to validate the impugned .....

Kusum Agrotech Ltd. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2009(4)Raj3162

..... of amalgamation under section 394 of the companies act on 16-6-1999.secondly, at that relevant time, the definition of the word 'conveyance' as contained in section 2(xi) of the rajasthan stamps act did not include an order passed by a high court under section 394 of the companies act.thirdly, the definition was amended on 27-5-2004 and by way ..... of amendment, the definition of the word 'conveyance' was ..... under the schedule. but prior to 27-5-2004, schedule-i did not include an order passed by the high court under section 394 of the companies act. it is only after the amendment carried out on 27-5-2004 that article 21 of the schedule-i was inserted; article 21 dealt with the order of high court passed under .....

J.K. Udaipur Udyog Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : [2003]131STC88(Raj); 2002(2)WLC106; 2001(3)WLN112

..... such right gets settled according to the relevant provisions of the law prevailing on the date. subsequent amendment, if any shall not change us nature unless the amending act/rules make express provisions otherwise. in the instant case, the amended rule does not expressly touch the nature of the existing right. hence, it cannot be said ..... full benefits as per the original incentive scheme. (2). the facts and circumstances giving rise to this case are that petitioner is a public limited company incorporated under the companies act, 1956 and is engaged in manufacturing and selling of portland cement and clinker. the state government notified the rajasthan sales tax/central sales tax exemption ..... the chief settlement commissioner has not applied his mind to the facts of the case and has only observed that there is no bar on issuing the second corrigendum or more corrigenda in correcting the arithmetical error.' (31). therefore, it was held that the corrigendum can be used only to rectify a .....

Chunnilal Vs. Shanta Devi and ors.

Court : Rajasthan

Reported in : AIR2001Raj76; 2001(1)WLC487

..... 1) will have to be fulfilled. the view that the explanation added to section 115 by 1976 amending act has widened the scope and ambit of section 115 finding support from the decision of orissa high court in tata iron and steel company v. rajrishi experts and in our opinion, the judgment of justice m.c. jain (as he ..... that order and then only the court will be entitled to pass order accepting the revision petition.'and answered the question no. 2 as under :'we answer the second question in affirmative and hold that the revision would lie against an order by which the subordinate court has refused to accept documentary evidence under order 13, rule ..... 115, cpc. the maintainability of the revision depends upon two conditions firstly that it must relate to a case decided by the court subordinate to the high court and secondly in connection with the case decided, no appeal lies thereto. once these two conditions are fulfilled, it cannot be said that the application for revision is not maintainable .....