Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
..... time the same has been repealed and the last but one was that of 1915 and the last was government of india act, 1935, which is relevant for us. the government of india act, 1935, by chapter ii, section 219, gave power to the king emperor of england to establish high courts in british india by issuing ..... to the provision of this constitution', only relate to the relevant provisions of our administration of high courts, i.e. provisions of article 214 to 231, embodied in chapter v of the constitution and, therefore, the words used 'subject to the provisions of this constitution', only imply abridgement of its jurisdiction.35. similarly, article 372 ..... side is variously called 'opponent', 'counter-petitioner', 'non-applicant' or 'respondent'. (see nanjappa v. vimla devi, air 1957 mys 44).54. it may also be seen that under section 26 of the hindu marriage act, which provides for custody of children, the language employed is ' upon application or petition for the purpose'. it would indicate .....
Tag this Judgment!Court : Delhi
Reported in : 29(1986)DLT200
..... norms as commercial property where does the freedom (of expression) of the author and, where does the director begin what is the scope and width of section 57 of the copyright act, 1957? these are the questions raised in mannu bhandari's suit against m/s. kala vikas pictures (pvt.) ltd. and its producer and director. kala vikas has produced motion picture 'samay ..... of vital interest to each society. law protects this social interest. section 57 of the copyright act is on a such example of legal protection. section 57 lifts authors' status beyond the material gains of copyright and gives it special status. (9) section 57 falls in chapter xii of the act concerning civil remedies. section 55 provides for certain remedies where there is infringement of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1701
..... had occasion to examine the jurisdiction of the iac to make an order under chapter xx-a of the income-tax act, 1961 before publishing a notification under section 269d of that act in the gazette of india. in that context, this court on a review ..... i will hereafter to them as above.4. on the death of her husband, the plaintiff instituted o.s no 25 of 1957 in the court of the civil judge, dharwad ('dharwad court') which then exercised jurisdiction for partition and possession of her 1/4th ..... in that civil revision petition and respondent-1 in that writ petition. lakshmavva was the plaintiff in o.s. no. 25 of 1957 on the file of the civil judge, dharwad, and in that suit, respondents 1 to 3 in crp. no. 2066 of ..... consent or acquiescence. being independent of the parties' behaviour, want of jurisdiction can be raised by any person whereever the resulting act is relied upon.these symptoms are generally accepted as characterising want of jurisdiction. accordingly, as will be seen later, bias cannot .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... in 1977, from private limited companies to firms and that they are having common partners, i.e., in order to avoid the rigour of chapter iii-b, the reserve bank of india act and the companies act : the petitioners are resorting to the device of functioning as individuals. so, if no law was to be made regulating the activities of ..... rs.7,216.8 crores are in the exempted category. this statement,of course, only applies to the companies covered under the companies act and also chapter iii-b of the reserve bank of india act. it does not include deposits with the financial corporations like the petitioners. but it does show that a very large portion of the ..... is it in the nature of gambling which also cannot claim protection under article 19(1) of the constitution (see r.m.d. chamarbaugwalla v. union of india, : [1957]1scr930 ), nor is the present business of the petitioners to be equated with that of the trade of intoxicants and liquor or trading in adulterated food articles, because neither of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR532
..... ceiling on land holdings and for other matters incidental to those objects. section 142 of the lr act repeals the 1952 and 1957 acts with the usual general and special savings incorporated by act 14 of 1965.22.2. chapter ii of the lr act containing as many as 40 sections that is sections 3 to 43, in reality replaced and assimilated ..... comprehensive land reforms legislation first enacted the mysore tenancy (amendment and continuance of tenancies) act, 1957 (karnataka act 16 of 1957) prohibited evictions and dispossession of tenants till the period specified in section 4 of that act, which was extended till 30-6-1966 by acts 17 of 1959, 4 of 1961, 33 of 1961 and 12 of 1963 enacted ..... the 1952 act and all its beneficial provisions to tenants.22.3. section 4 of the lr act is a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC421; AIR1986SC421a; 1986(24)ELT193(SC); [1986]157ITR665(SC); 1985(2)SCALE1416; (1986)1SCC523; [1985]Supp3SCR850; 1986(1)LC179(SC)
..... of wealth-tax : [1985]153itr543(all) . observed that the only power that high court could exercise under section 27 of the wealth-tax act, 1957 was similar to section 66 of 1922 act i.e., to give opinion about the question referred to it in an advisory capacity by answering the questions in favour of the assessee or ..... effect can be exercised, until the end of law shall be attained' (see works on courts and their jurisdiction section 27 and wells on jurisdiction of courts, chapter xvii). 20. these observations, however, will have to be understood in the context in which the same were made. if there was jurisdiction to do certain matter ..... then all powers to make that jurisdiction effective must be implied to the authority unless expressly prohibited. but in references under 1922 act as well as 1961 act the courts merely exercise an advisory or consultative jurisdiction while the appeals are kept pending before the tribunal, therefore, nothing should be implied as detracting .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1370; [1986]59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; [1985]Supp3SCR909
..... is stated and the occasions when the corporate veil may be lifted have been enumerated and classified into fourteen categories. similarly in gower's company law (fourth edition), a chapter is devoted to 'lifting the veil' and the various occasions when that may be done are discussed. in tata engineering and locomotives co. ltd. (supra), the company ..... of india and the reserve bank of india alone that has to decide whether permission may or may not be granted under section 29(1) of the act. the act makes it its exclusive privilege and function. mo other authority is vested with any power nor may it assume to itself the power to decide the question ..... was enacted as a temporary measure, but it was placed permanently on the statute book by the amendment act of 1957. the statement of objects and reasons of the 1957 amendment act expressly stated, 'india still continues to be short of foreign exchange and it is necessary to ensure that our foreign exchange resources are conserved in the national .....
Tag this Judgment!Court : Mumbai
Reported in : [1985(51)FLR244]; (1987)IILLJ169Bom; 1986MhLJ308
..... issue even against a private person and the petition in that case would be maintainable against the management for the enforcement of its statutory duties under chapter v of the industrial disputes act. this decision does not lay down any new principle but only gives effect to the established principle that if there is any statutory duty case upon ..... observed -'the question in that case was whether a writ of mandamus will issue against a private management for the enforcement of its statutory duties under chapter v of the industrial disputes act and a learned single judge of the andhra pradesh high court held that in appropriate case, a writ of mandamus under article 226 of the ..... view, the question raised before us is well settled by the decisions of this court as well as of the supreme court. as early as in the year 1957, : [1957]1scr738 held that normally, a writ of mandamus does not issue to or an order in the nature of mandamus is not made against a private individual. such an .....
Tag this Judgment!Court : Delhi
Reported in : 1986(2)Crimes570; 29(1986)DLT248
..... norms as commercial property where does the freedom (of expression) of the author and, where does the director begin what is the scope and width of section 57 of the copyright act, 1957? these are the questions raised in mannu bhandari's suit against m/s. kala vikas pictures (pvt.) ltd. and its producer and director. kala vikas has produced motion picture 'samay ..... of vital interest to each society. law protects this social interest. section 57 of the copyright act is on a such example of legal protection. section 57 lifts authors' status beyond the material gains of copyright and gives it special status. (9) section 57 falls in chapter xii of the act concerning civil remedies. section 55 provides for certain remedies where there is infringement of .....
Tag this Judgment!Court : Kerala
Reported in : [1986]159ITR431(Ker)
..... third schedule.' ' chargeable profits ' are defined under section 2(5) as follows ; ' 'chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (xliii of 1961), for any previous year or years, as the case may be, and adjusted in accordance with the provisions of the first schedule.' ' statutory ..... , reference may be made to section 15 of the surtax act. it reads :' 15. notwithstanding anything contained in clause (i) of section 109 of the income-tax act, in computing the distributable income of a company for the purposes of chapter xi-d of that act, the surtax payable by the company for any assessment year shall ..... they are classified under different heads for the purpose of assessment under the income-tax act. the heads of income describe different kinds of profits chargeable under the income-tax act: cit v. chunilal b. mehta [1938] 6 itr 529; united commercial bank ltd. v. cit : [1957]32itr688(sc) ; and cit v. chugandas & co. : [1965]55itr17(sc) .....
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