Default - Judgment Search Results

Coleman Vs. Thompson

Court: US Supreme Court

..... in federal habeas habeas petitioners would be able to avoid the exhaustion requirement by defaulting their federal claims in state court the independent and adequate state ground doctrine ensures ..... the court s determination that ineffective assistance of counsel cannot constitute cause of a procedural default in a state postconviction proceeding is patently unfair in concluding that it was not .....

Mccleskey Vs. Zant

Court: US Supreme Court

..... doctrine which in general prohibits subsequent habeas consideration of claims not raised and thus defaulted in the first federal habeas proceeding the terms abuse of the writ and inexcusable ..... the purposes of habeas corpus by analogizing the abuse of the writ doctrine to the procedural default doctrine according to the majority these two doctrines implicate nearly identical concerns flowing from .....

Florind Shoes Ltd. Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Madras

Reported in: (1992)40ITD28(Mad.)

..... pending he further held the assessee as an assessee in default and the defaulted tax was computed at rs 17 110 for the assessment ..... and therefore the assessee was also rightly treated as assessee in default similarly applying the said decision of the tribunal the learned ..... the consequence of the payer being held as an assessee in default for the tax deductible at source this consequence cannot be .....

Ylst Vs. Nunnemaker

Court: US Supreme Court

..... raising the miranda claim in federal district court that court found that the state procedural default barred federal review but the court of appeals reversed this determination relying on this ..... court of appeal on direct review and that opinion unequivocally rested upon a state procedural default we look through the subsequent unexplained denials to that opinion unless respondent has carried his .....

Rabindra Chamria and Others Vs. the Registrar of Companies, West Benga ...

Court: Supreme Court of India

Reported in: AIR1992SC398; [1992]73CompCas257(SC); JT1991(4)SC487; (1992)ILLJ313SC; 1991(2)SCALE1021; 1992Supp(2)SCC10; [1991]Supp2SCR338

..... to restrict it only to the proceeding arising out of negligence default breach of trust misfeasance or breach of duty in respect ..... the company claim to recover betting duty would amount to default against director within the meaning of section 448 stephenson lj ..... in the trustees act 1925 which enables the court to relieve defaulting trustees and the courts jurisdiction will probably be exercised in .....

Mrs. Manoranjitham Vs. Mrs. T.S. Gangabai, Kalaivani Industrial Trader ...

Court: Chennai

Reported in: (1992)1MLJ482

..... of waste no arguments were addressed before the appellate authority on the question of wilful default the appellate authority concurred with the findings of the learned rent controller and therefore dismissed ..... i am of opinion that the respondent even though has committed default the said default would not amount to wilful default is well founded and therefore the request of the appellant to .....

Bachraj Baid Vs. State of West Bengal

Court: Kolkata

Reported in: [1992]74CompCas809(Cal)

..... contravention mentioned in that provision or who knowingly and wilfully authorises or permits such a default nun compliance failure refusal or contravention in paragraph 6 of the petition of complaint there ..... directors repudiating the liability and alleging that some other officer was liable for the alleged default the registrar of companies can take into consideration the averments in the reply to .....

Bhuban Mohan Mitter Charitable Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (1993)45ITD617(Kol.)

..... submitted that the trustees cannot be penalised for the alleged defaults of deceased arguing further the assessee s counsel submitted that ..... representatives to answer and explain those causes for the alleged defaults of the deceased is not only preposterous but to us ..... ito has not specifically and precisely brought out the alleged default committed by the deceased for which he intended to penalise .....

Lal Man Vs. Commissioner of Income-tax and anr.

Court: Allahabad

Reported in: (1991)98CTR(All)249; [1992]196ITR743(All)

..... the entire amount held by him on account of the defaulter to the defaulter this was done by him because there was no ..... remit the amount held byhim on account of the said defaulter whereupon the petitioner submitted another representation stating the following facts ..... the demand was stayed pending the appeals preferred by the defaulter learned standing counsel for the revenue contended that the said .....

A.K. JaIn and Brothers (Huf) Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1992)40ITD100(Delhi)

..... time and also for interest under section 244 again for the default of not granting the refunds due these claims were rejected by ..... by him he shall be deemed to be an assessee in default in respect of such instalment or instalments 3 notwithstanding anything contained ..... by instalments is allowed under sub section 3 the assessee commits default in paying any one of the instalments within the time fixed .....