Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 15 amendment of section 21 Court: uttaranchal Page 1 of about 79 results (0.064 seconds)

Commissioner of Income Tax and anr. Vs. Desh Rakshak Aushdhalaya Ltd.

Court : Uttaranchal

Reported in : (2008)218CTR(Uttranchal)7; [2009]313ITR140(Uttaranchal); [2009]178TAXMAN453(NULL)

..... tribunal has erred in law in deleting the addition of rs. 2,98,924 on account of breach of section 43b of the it act, 1961, in spite of the fact that the amendment brought in said section vide finance act, 2003, had expressly no retrospective implementation5. before further discussion, we think it just and proper to mention here, the relevant provision of law ..... cannot be treated to be retrospective, as there is no express provision to this effect in the finance act, 2003, which indicates that the deletion would apply retrospectively. as against this, mr. s.k. posti, learned counsel for the respondent/assessee contended that the amendment by which second proviso to section 43b was deleted is curative in nature, and being explanatory has .....

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

Court : Uttaranchal

Reported in : AIR2010Utr24

..... being quoted hereunder:sub-clause (iii-a) of clause (g) of sub-section (1) of section 95 of u.p. panchayat raj act (as inserted by amending act no. xxi of 1998).95 (1) the state government may:(a) to (f)....(g) remove a pradhan, up-pradhan or member of a gram panchayat or a joint committee or ..... the panchayats are elevated to the constitutional status by part ix of the constitution introduced by constitution (73rd amendment) act. 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 ..... -clause (iii-a) and consequential proceeding therefrom are liable to be quashed. in support of his arguments shri arvind vashishtha cited the judgments reported in manu/sc/8718/2006 : air 2007 sc 903, state of himachal pradesh v. surinder singh banolta manu/up/0359/2002 : 2002 (3) awc 1761 : air 2002 all 257 hoti lal v. state of u.p. .....

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

Court : Uttaranchal

..... of the revisionist for release of the property. 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. section 52a, provides procedure of seizure by the forest authorities and the persons authorised thereunder. section 52b provides that ..... joshi and ram singh, were prosecuted in respect of offence punishable under section 4/14 of u.p. resin and other forest produce (trade regulation) act, 1976. the trial court convicted the said accused and sentenced each of them to two years simple imprisonment and also directed to each one of them ..... the appeal against the order of confiscation would lie before the conservator of forest. section 52d of uttaranchal amendment, provides that in respect of the power conferred .....

Unique Engineering Works Vs. Union of India (Uoi) and ors.

Court : Uttaranchal

Reported in : II(2004)BC241

..... was not open to the parliament to make the impugned npa act, 2002 retrospective. it may be clarified that in the first instance, it is argued ..... matters relating to income recognition, accounting standards, capital adequacy ratio and deployment of funds by reconstruction company/securitisation company.15. chapter ii of the impugned act, 2002 deals with regulation of securitisation and construction of financial assets of banks and financial institutions, whereas chapter iii deals with enforcement of security interest. ..... of the drt act, 1993, no court except the debt recovery tribunal has jurisdiction, power and authority to decide cases filed by the banks and financial institutions for recovery of debts due to such banks and financial institutions. he contended that without amending section 17 and section 18 of the drt act, 1993, it .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... and section 295(2)(c). it was further pointed out that by the taxation laws (amendment) act, 1984, section 17(2) and section 40a of the income-tax act were amended. that by the taxation laws (amendment) act, 1984, parliament amended the income-tax act and taxed interest free loan/concessional loan to employees for the purposes of building a house/motor ..... car under section 17(2)(vi) with effect from april 1, 1985. that by the same taxation laws (amendment) act, 1984, section 40a was also amended so as to put a ceiling on allowable deduction claimed by the employers for giving interest free loan/concessional loan to employees. however, by ..... by virtue of the impugned notification, the central board of direct taxes has purported to supplement section 17(2) of the income-tax act by incorporating amendments in the existing income-tax rules. secondly, the impugned notification is challenged on the ground of violation of the petitioner's fundamental rights under .....

Govind Ballabh Pant University of Agriculture and Tech. Th. Its Vice-c ...

Court : Uttaranchal

Reported in : [2007(114)FLR837]

..... injured was medically examined by the doctor i.e. on 29.12.1994. under section 4-a of the act, the interest to be simple interest @ 12% by amending act 14 of 1995, with effect from 15.9.1995. thus the claimant is entitled to get interest @ 6% ..... by this court in maghar singh v. jashwant singh manu/sc/1402/1998 : 1998 (9) scc 134. by amending act 30 of 1995, section 4-a of the act was amended, inter alia, fixing the minimum rate of interest to be simple interest @ 12%. in the instant case, the ..... be fixed from the date of adjudication. he placed reliance on national insurance co. ltd. v. mubasir ahmed and anr. manu/sc/0759/2007 : 2007 (112) flr 1033 (sc) where the apex court has held as under:9. interest is payable under section 4-a (3) if ..... . therefore, in view of the observation in the case of mubasir ahmed (supra), the date of adjudication under section 4 of the act, is 29.11.1994, on which date the injured was admitted in the government hospital and doctor had examined his injuries. to make .....

Employees State Insurance Corporation Vs. Vidyut Carbon Products Pvt. ...

Court : Uttaranchal

Reported in : (2008)IIILLJ663UC

..... or obstructions on the part of the defaulting employers. to remove the lacuna and to provide for a speedy procedure and remedy section 45-a was introduced by amending act no. 44 of 1966. it also lays down the purpose behind it. it also provides the guidelines as to the class of cases in which procedure prescribed ..... corporation may on the basis of the information available to it determine the amount of contributions payable and make necessary demands. apparently the scheme of the act after the amendment is, that the corporation itself should in a case where there is omission on the part of the employer to maintain records in accordance with section ..... introducing section 45, which provides the guidelines and its ingredients are, attracted. the observations are quoted below:this section was introduced by act no. 44 of 1966. the scheme of the act after amendment is that in cases where there is omission on the part of employer to maintain records in accordance with the provision of section 44 .....

Dr. T.D. Padalia and anr. Vs. District Judge and ors.

Court : Uttaranchal

Reported in : AIR2008Utr11

..... of order 8 and order 6, rule 17 of the c.p.c. has held in paragraph no. 28 as under:28. looking to 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. firstly, the written statement ..... 6-a of the c.p.c. it was also contended that the trial court failed to exercise the jurisdiction vested in it by law by not rejecting the amendment application to amend the written statement of the respondent nos. 3 to 5 at a highly belated stage when the statements of the plaintiffs had already been recorded in the suit. ..... after hearing both the parties, the learned civil judge (senior division) nainital allowed the application for counter claim on payment of costs of rs. 250/- thereby permitted the defendants to amend their written statement vide order dated 14-10-1999.5. aggrieved by the said order, the plaintiff-petitioners preferred revision (civil revision no. 21 of 1999) before the district judge .....

Kundan Singh and anr. Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : I(2007)DMC708

..... is to be kept in mind that a presumption under section 113b is a presumption of law. both the sections 304b and 113b were inserted by dowry prohibition amendment act (no. 43 of 1986) with a view to combat the increasing menace of dowry deaths. section 113b reads as follows:113b : presumption as to dowry death--when ..... to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption ..... no definite period has been indicated expression 'soon before' is not defined. a reference to expression 'soon before' used in section 114, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after' the theft, is either the thief has .....

Man Mohan Alias Bhuri Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2003CriLJ4506

..... no cogent grounds to interfere with the judgment of conviction of the appellant under section 8/20 of the act.10. so far as the quantum of punishment is concerned, amendment in the provisions of the act have been effected by act no. 9 of 2001 and now the quantum of punishment has been reduced in cases of recovery of contraband ..... fine which may extend to ten thousands rupees or with both under sub-clause (a) of section 20 of the act. the appellant in the peculiar circumstances of the case deserves to be given benefit of the said amended provision and there is, thus, need to modify the sentence awarded against him by the learned special/sessions judge.11. ..... had no authority to keep with him, was recovered and that since there was neither contravention of the provisions of section 50 nor of section 57 of the act, the charge levelled against the appellant-accused stands proved beyond doubt and accordingly convicted and sentenced him to undergo rigorous imprisonment for ten years and fine of rs. .....