Court : Rajasthan
Decided on : Jan-27-2003
Reported in : RLW2003(3)Raj2050; 2003(2)WLC27
..... the nature of the objections raised by him and the voting papers to which those objections related. it is in the light of this background that section 83(1) of the act has to be applied to the petitions made for inspection of ballot boxes. such an application must contain a concise statement of the material facts.iv ..... subsequently, cannot be accepted. the district returning officer khemraj dw.12 was not cross examined on these lines by the petitioner. from the report under section 66 of the representation of people act (ex.d.8) it is established that application for recount was rejected then and there as no particular reason for recount was mentioned in it. ..... votes is made out by definite factual statements, credible and probative material. according to mr. joshi, learned counsel secrecy of voting is defined in section 94 of the representation of people act 1951 according to which no witness or other person can be asked as to for whom he voted at an election and if recount of votes .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-27-2003
Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306
..... was not in the statute book.24. regarding point no. 2, it was contended by shri mukherjee that under clause (b) of sub-section (1) of section 17 of 1987 act quoted earlier the limitation is one year from the date of occurrence of the accident and in this case claim has been filed after four years ..... ground that, amendment is neither clarificatory, nor amplification of the preexisting provision.23. therefore, we are of the view that clause (c) of section 123 and section 124a inserted by amending act cannot legitimately be pressed in service for testing the question of liability of the railways on the date of incident incident occurred on july 14, ..... railway administration to be carried by railway. [(1a) the claims tribunal shall also exercise, on and from the date of commencement of the provisions of section 124a of the railways act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-27-2003
Reported in : AIR2003SC1040; (2003)179CTR(SC)458; [2003]259ITR678(SC); JT2003(1)SC363; 2003(1)SCALE465; (2003)3SCC161; [2003]1SCR614
..... not by operation of any transaction which amounts to sale, exchange, relinquishment of transfer within the meaning of section 12-b of the act.8. section 45(1) of the 1961 act which substantially corresponds with section 12-b of the 1922 act continues to provide that:any profits or gains arising from the transfer of a capital asset effected in the ..... and such profits and gains shall be deemed to be income of the previous year in which the sale, exchange, relinquishment or transfer took place'. construing section 12-b of the income tax act, 1922 this court in commissioner of income tax, madras v. madural mills co. ltd. : [1973]89itr45(sc) had held that when a shareholder receives ..... in liquidation.6. before considering the correctness of the decision of the high court the context in which section 46(2) came to be part of the act needs to be considered.7. section 12-b of the income tax act, 1922 provided for payment of tax under capital gains in respect of any profits or gains whatsoever from .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-27-2003
Reported in : [2003]114CompCas355(Raj); [2003]46SCL146(Raj)
..... counsel for the parties, perused the application, the reply filed thereto by the official liquidator and the rejoinder filed by the applicant.2. this is an application under section 446(2) of the companies act, 1956, and under rule 9 of the companies (court) rules, 1959.3. in the application prayer has been made to allow the applicant-bank to remain out ..... shocking that though the company is wound up the directors thereof have not cared to file the statement of affairs till day.9. adequate provisions are there in the companies act, 1956, to take appropriate action against the directors who defaulted in making the statement ofaffairs of the company in liquidation. be that as it may, i do not see any .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-27-2003
Reported in : 2003CriLJ1964; 2003(1)MPLJ578
..... whom there was no charge of commission of murder of deceased dilip. he was made co-accused with main accused non-applicant deepak with the help of section 30 of the arms act regarding contravention of arms licence and rules for which six months jail sentence or with fine which may extend to rs. 2000/- or with both, is ..... mukhtyar against whom there was no allegation for taking direct or indirect part in the incident but he was roped into the crime with the help of section 30 of the arms act. learned trial court has granted bail to non-applicant deepak on the ground that investigation was complete and the charge sheet was filed. applicant was not ..... accused mukhtyar used the gun for commission of murder of dilip. against mukhtyar charge was only under section 30 of the arms act. while deciding the bail application of co-accused mukhtyar, this court has taken suo-motu action as per provision under sections 397, 439/493(2) of the ipc against grant of bail to non-applicant deepak vide .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-27-2003
Reported in : II(2003)ACC533
..... that a member of the bar owes a sacred duty to the litigant and this duty becomes far higher when the litigant happens to be a person from the weaker sections of the society. lawyers are not expected to function as parasites and it is better that they understand that if they are not willing to undertake the elementary work with ..... with regard to the sales that were effected, to whom and for how much, all of which could easily have been substantiated if the plea was true. before the court acts, on a bald statement which may or may not be correct, some documentary supportive evidence in cases of this type is essential and that is the reason why we are .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-27-2003
Reported in : 2003(157)ELT5(MP)
..... after hearing him. the classic words so frequently used in legal system namely 'opportunity of being heard' and 'observance of principle of natural justice' though not defined in any codified act have acquired definite meaning in passage of time by series of judicial precedents rendered by privy council, house of lords and our supreme court for being followed by every judicial ..... preventing abuse of process of law, correcting the errors of law, and giving directions for observance of law to subordinate courts. tribunals and authorities invested with judicial powers under any act. this court while hearing the writ was not called upon to examine the merits and demerits of the case. that is for the appellate tribunal to do it once a .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-27-2003
Reported in : [2003(2)JCR193(Jhr)]
ORDER1. On 4.2.2002, the learned Judge while allowing CWJC No. 1016 of 1999 (R) directed,the respondent No. 3 in that writ petitioner to pay the retrial dues to the petitioners within a period of two months. The operative portion of that order reads thus :'It appears that this case is covered by the order passed in CWJC No. 3250 of 98 (R). However, having regard to the stand taken in the counter affidavit, this writ application is disposed of with a direction to respondent No. 3 to pay the entire retiral dues within two months from the date or receipt of a copy of this order. If the petitioner will have any grievance, he may file a representation before respondent No. 3 which shall be considered in accordance with law.'2. The District Officer, Khadi Gramodyog Board, Patna was respondent No. 3 in the writ application, whether it was the District Officer or the Chief Executive Officer, Khadi Gramodyog Board, in pith and substance the direction to pay the retiral dues of the writ petition...
Tag this Judgment!Court : Orissa
Decided on : Jan-27-2003
Reported in : 2003(II)OLR42
B.P. Das, J.1. This miscellaneous appeal is directed against the judgment and decree dated 10.1.2000 and 20.1.2000 respectively passed by the District Judge, Balangir in Title Appeal No. 25 of 1996. While disposing of the said appeal, the appellate Court set aside the judgment and decree passed by the Civil Judge (Senior Division), Balangir in Title Suit No. 65 of 1992 and remitted the suit to the trial Court with the following direction :'To frame an additional issue to the effect whether there was partition between Satya and Baji. and whether in such partition part of the suit land measuring Ac. 0.62 decimals corresponding to 1936 settlement plot No. 582 fell to the share of Baji and to decide the said issue by giving opportunities to the defendants to lead further evidence. The plaintiff shall in no circumstance be allowed to participate in the hearing of the fresh issue. After evidence in the new issue is received, the trial Court is to decide the suit afresh on the basis of the ev...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Decided on : Jan-27-2003
Reported in : (2004)90TTJ(Asr.)970
..... of the said expenses. in response to the said query, the assessee submitted that the "claim of litigation expenses is allowable to the assessee under section 37 of the income tax act, 1961, because the assessee has instituted a civil suit against m/s. remington rand of india ltd. for ejectment/possession and recovery of charges ..... 400 and the learned commissioner (appeals) in the alternative has erred in not accepting the contention that the appellant is entitled to deduction under section 24(1)(x) of the income tax act, 1961 read with rule 4 of the it rules, 1961, in consequence of which the appellant was entitled to deduction in the year under ..... above submissions of the assessee. he opined that under the head 'income from house property', no such expenses can be claimed. he further observed that provisions of section 37 were not applicable in the instant case. accordingly, he rejected the claim of the assessee.in further appeal, the learned commissioner (appeals) allowed the deduction of .....
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