Court : Supreme Court of India
Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
ORDERK. Ramaswamy, JJ.1. These two writ petitions raise common question of law: whether female tribal is entitled to parity with male tribal in intestate succession? The first petitioner is an Editor of a Magazine 'Manushi' espousing the causes to ameliorate the social and economic backwardness of Indian woman and to secure them equal rights. Petitioner Nos. 2 Smt. Sonamuni and 3 Smt. Muki Dui are respectively widow and married daughter of Muki Banguma, Ho tribe of Longo village, Sonua Block, Singhbhum District in Bihar State. The petitioner in Writ Petition No. 219/86, Juliana Lakra is an Oraon Christian Tribal woman from Chhota Nagpur area. They seek declaration that Sections 7, 8, and 76 of the Chhota Nagpur Tenancy Act, 6 of 1908, (for short, the 'Act') are ultra vires Articles 14 15 and 21 of the Constitution of India. They contend that the customary law operating in the Bihar State and other parts of the country excluding tribal women from inheritance of land or property belongin...
Tag this Judgment!Court : Patna
R.N. Sahay, J.1. This litigation has a chequered history and the facts of the case are rather involved and hence has to be narrated with sufficient clarity.2. This appeal under Clause 10 of the Letters Patent Appeal arise out of a proceedings under the Land Acquisition Act. In pursuance of a declaration dated 16.2.1982 (Ext. 7) 36.86 acres of land (out of 43.92 acres) bearing plot Nos. 4/5 and 10 appertaining to khata No. 151 of village Phusari in the district of Lohardaga, was acquired for a project called Phulsari Sapahi Nala'. The lands of khata No. 151 under khewat No. 2/9 R.S. Plot Nos. 4, 5 and 10 were recorded under the revisional survey record of rights as 'gair majarua malik'. But according to the appellant-State of Bihar, the aforesaid land vested in the State of Bihar as per notification dated 18.8.V995 (Ext. M). Therefore, the State claimed that it was entitled to get compensation for the lands acquired under Ext. 7.3. The case of the respondent was that before vesting of ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H87
ORDERR.P. Sethi, Actg. C. J.1. 'All men are created equal' declared Abraham Lincen inhis Gettysburg Address. These words wererepeated by Thomas Jefferson in Declaration of Independence and since 1776 this statement has been echoed by generations in United States. The Liberty and Equality were the watch words of the French Revolution and the foundations upon which the great Magna Carta of England stood. Article 7 of the Universal Declaration of Human Rights States declared. All are equal before law and are entitled without any discrimination to equal protection of law.' Jennings's in his Law of the Consitution (5th Edition page 50) stated, 'Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike.' Dicey's Law of the Constitution, (10 Edition page 202) asserted equality before the law as a corollary from his famous doctrine of Rule of Law. The idea of equality is the heart and soul of the Indian Constit...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1996]222ITR375(P& H)
G.S. Singhvi, J. 1. These petitions are being decided by a common order because in all the petitions the vires of Sections 234A, 234B and 234C of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), have been challenged and the petitioners have prayed for declaring these provisions to be ultra vires the provisions of the Constitution of India. They have also prayed for quashing of the orders issued by the Central Board of Direct Taxes rejecting their prayer for waiver of interest, etc.2. For the purposes of this order, it will be appropriate to make reference to a few facts from C. W. P. No. 748 of 1994. The petitioner Sant Lal, is a partner of Samkhon Wala Brothers, which is carrying on business of gold at Sirsa. Search and seizure operations were conducted on the business and residential premises of the petitioner on February 10, 1982. Cash amounting to Rs. 3,71,000 and gold ornaments/bullion worth Rs. 55,65,852 were recovered during the search and seizure operations. Out...
Tag this Judgment!Court : US Supreme Court
Bush v. Vera - 517 U.S. 952 (1996) OCTOBER TERM, 1995 Syllabus BUSH, GOVERNOR OF TEXAS, ET AL. v. VERA ET AL. APPEAL FROM THE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS No. 94-805. Argued December 5, 1995-Decided June 13, 1996* Because the 1990 census revealed a population increase entitling Texas to three additional congressional seats, and in an attempt to comply with the Voting Rights Act of 1965 (VRA), the Texas Legislature promulgated a redistricting plan that, among other things, created District 30 as a new majority-African-American district in Dallas County and District 29 as a new majority-Hispanic district in Harris County, and reconfigured District 18, which is adjacent to District 29, as a majorityAfrican-American district. Mter the Department of Justice precleared the plan under VRA 5, the plaintiffs, six Texas voters, filed this challenge alleging that 24 of the State's 30 congressional districts constitute racial gerrymanders in violation of the Fourteen...
Tag this Judgment!Court : US Supreme Court
Shaw v. Hunt - 517 U.S. 899 (1996) OCTOBER TERM, 1995 Syllabus SHAW ET AL. v. HUNT, GOVERNOR OF NORTH CAROLINA, ET AL. APPEAL FROM THE DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA No. 94-923. Argued December 5, 1995-Decided June 13, 1996* Earlier in this suit, in Shaw v. Reno, 509 U. S. 630 , this Court held that appellants, whose complaint alleged that North Carolina had deliberately segregated voters by race when it created two bizarre-looking majority-black congressional districts, Districts 1 and 12, had stated a claim for relief under the Equal Protection Clause of the Fourteenth Amendment. The Court remanded for further consideration by the District Court, which held that, although the North Carolina redistricting plan did classify voters by race, the classification survived strict scrutiny, and therefore was constitutional, because it was narrowly tailored to further the State's compelling interests in complying with 2 and 5 of the Voting Rights Act o...
Tag this Judgment!Court : US Supreme Court
Lewis v. Casey - 518 U.S. 343 (1996) OCTOBER TERM, 1995 Syllabus LEWIS, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTIONS, ET AL. v. CASEY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.94-1511. Argued November 29, 1995-Decided June 24, 1996 Respondents, who are inmates of various prisons operated by the Arizona Department of Corrections (ADOC), brought a class action against petitioners, ADOC officials, alleging that petitioners were furnishing them with inadequate legal research facilities and thereby depriving them of their right of access to the courts, in violation of Bounds v. Smith, 430 U. S. 817. The District Court found petitioners to be in violation of Bounds and issued an injunction mandating detailed, systemwide changes in ADOC's prison law libraries and in its legal assistance programs. The Ninth Circuit affirmed both the finding of a Bounds violation and the injunction's major terms. Held: The success of respondents' systemic...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC3409; [1996]221ITR538(SC); JT1996(6)SC440; 1996(5)SCALE353; (1996)9SCC534; [1996]Supp3SCR627
B.P. Jeevan Reddy, J. Civil Appeal No. 1562 of 1977:1. This is an appeal preferred by the assessee against the judgment and order of a Division Bench of the Calcutta High Court allowing the writ appeal preferred by the Revenue (Income Tax Officer, Central Circle-VI and Others) against the judgment of a learned Single Judge. The learned Single Judge had allowed the writ petition filed by the assessee questioning the validity of a notice issued under Section 148 read with Section 147 of the Income Tax Act.2. In the return filed for the Assessment Year 1959-60, the assessee had shown certain hundi loans totalling Rs. 8,53,298 said to have been taken from a number of persons. The Income Tax Officer accepted the averment and made the assessment. During the assessment proceedings for the succeeding year, 1960-61, the assessee again showed hundi loans in a sum of more than Rupees seventeen lakhs. The Income Tax Officer enquired into the truth of the averment and found that many of them were b...
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
Satyabrata Sinha, J.1. These Appeals principally raising the question of constitutionality of West Bengal Land beforms (Amendment) Act, 1981 (hereinafter referred to as 1991 Amendment Act) and West Bengal Land beforms (Amendment) Act, 1986 (hereinafter referred to as the 1986 Amendment) Act were heard together and are being disposed of by this common judgment.2. In the main matter namely Appeal from Order No. 400/92 arising out of Matter No. 1367/87 (Paschimbanga Bhumijibi Krishak Samiti and Ors. v. State of West Bengal and Ors.) two applications for amendment have been filed questioning the Constitutional First Amendment Act, 1951 in so far as it purported to insert Article 31B; Sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the Constitution (66th) Amendment Act, 1991 in so far as 9th Schedule of the Constitution was amended by inserting West Bengal Act No. 1980 Item No. 251 therein and the Constitution (78th) Amendment Act, 1995 in so far as the West Bengal Land ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1998)67ITD619(Nag.)
1. This appeal by the assessee pertains to the assessment year 1991-92.The only effective ground of objection by the assessee is directed against the order of the learned CIT (Appeals) in not allowing deduction of expenses incurred by the assessee for earning income by way of incentive bonus/salary. According to the assessee he has incurred expenses for earning the above incentive bonus and claimed the same at 40% of the gross receipt as held by the Tribunal in assessee's own case for the preceding assessment year. The claim of the assessee is that 40% of the incentive bonus should have been allowed as deduction which the assessee actually incurred.2. For the assessment year 1991-92 the assessee filed the return on 14-8-91 showing income at Rs. 61,440. The assessee derives income from salary from LIC of India, Amravati Branch. Assessee has shown incentive bonus received from LIC as business income in his return. In the Salary Certificate issued by the LIC incentive bonus has been incl...
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