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Shiva Nath Prasad Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2006(2)CHN88

..... complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant by necessary implication the general ..... charitable institutions as made by late pdb herself through nominations in the trust deeds created by her making the said institutions beneficiaries can she thereafter take away those properties .....

United States Vs. Booker

Court: US Supreme Court

..... pennsylvania tuition reimbursement statute because to eliminate only unconstitutional applications would be to create a program quite different from the one the legislature actually adopted see also ..... enhancements would leave in place the essential framework of the mandatory system congress created applying the guidelines in a constitutional fashion affords some uniformity total discretion none .....

Hilltop Holdings India Ltd. Vs. Commissioner of Income Tax and ors.

Court: Kolkata

Reported in: (2005)3CALLT409(HC),(2005)197CTR(Cal)619,[2005]278ITR501(Cal)

..... erroneous and prejudicial to the interest of the revenue when the legislature through clear expression created a fiction to treat an intimation or acknowledgement under section 143 1 as a deemed ..... distinction between an order and an intimation the intention of the legislature was clear in creating the fiction through the explanation to section 143 treating an intimation acknowledgement to be an .....

Castle Rock Vs. Gonzales

Court: US Supreme Court

..... is ultimately one of federal constitutional law although the underlying substantive interest is created by an independent source such as state law federal constitutional law determines whether ..... of property interest is explained by the relative novelty of the domestic violence statutes creating a mandatory arrest duty before this innovation the unfettered discretion that characterized police .....

Dy. Commissioner of Income-tax, Vs. Bifora Watch Co. Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2005)94ITD203(Mum.)

..... was a loss there was no need for the assessee to create the statutory reserve the investment allowance was required to be ..... assessee was permitted to raise above ground that he could create reserve for claiming investment allowance in any of the subsequent ..... adjustment in the subsequent years investment allowance reserve would be created in the year investment allowance was to be actually allowed .....

Hindu Community in General and Citizens of Gobichettipalayam Senniappa ...

Court: Chennai

Reported in: (2005)3MLJ149

..... even there appear to be two repugnant provisions conferring successive interests and the first interest created is valid the subsequent interest cannot take effect the court will proceed to the farthest ..... there appear to be two repugnant provisions conferring successive interests and the first interest created is valid the subsequent interest cannot take effect the court will proceed to the farthest .....

Bank of CochIn Ltd. Vs. Kamal and ors.

Court: Chennai

Reported in: III(2006)BC342

..... such other contention is raised before adverting to the contentions raised relating to intention to create equitable mortgage we may firstly refer to the defence set forth in the written statement ..... prior to the sanction of packing credit facility pointing out that granting of loan and creating equitable mortgage are not simultaneous or contemporaneous on behalf of the defendants it is contended .....

G.V. Films Ltd. Vs. S. Priyadarshan and anr.

Court: Chennai

Reported in: [2006]287ITR561(Mad)

..... the partition but however the same is inadmissible in evidence for the purpose of creating declaring assigning limiting or extinguishing a right to immovable property the expression collateral ..... from any irregularity or illegality of procedure warranting interference 142 the lease deeds are created deliberately adding the clauses to stall the legitimate proceedings of the department against goodluck .....

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court: House of Lords

..... with the purpose of the act but as the attorney general said it would create uncertainties which parliament certainly would never have intended i would however specifically reserve my ..... ordinarily constituted can enact even fundamental constitutional changes the kilbrandon commission pointed to the legislation creating the irish free state in 1922 report of the royal commission on the constitution .....

National Westminster Bank Plc (Respondents) Vs. Spectrum Plus Limited ...

Court: House of Lords

..... judicata whatever its faults the retrospective application of court rulings is straightforward prospective overruling creates problems of discrimination born out of a laudable wish to mitigate the seeming unfairness ..... linguistic considerations in isolation from the matrix of facts in which the security was created 146 when the debenture was granted mcdonald had a single current account which was .....