Court : Andhra Pradesh
Decided on : Feb-21-2003
Reported in : 2003(3)ALD75
..... the decisions of the supreme court, as referred supra.23. in union of india v. m. v. valliappan, : [1999]238itr1027(sc) , creation of two distinct classes under section 171(9) of the income tax act by conferring benefit upon those classes who have partly partitioned their property prior to the cut-off date and not giving the same benefit to the others ..... cut-off date will be the first of january of the year concerned. on 23-7-1973 the chief secretary, government of haryana, in a matter relating to promotion of section officers in the irrigation department issued a clarification which reads as follows:commissioner of administrative department and chief secretary has reconsidered and decided that eligibility may be taken from the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-21-2003
Reported in : 2003(3)ALLMR177; 2003(6)BomCR337; 2003(3)MhLj617
..... these rights stood assigned in favour of burmah shell refineries ltd., a government company, by virtue of notification dated 24.1.1976 issued by the government under section 7 of the said act. on 12.2.1976 the name of burmah shell refineries was changed to bharat refineries ltd. in any case, there is no dispute that the petitioners ..... distributing company of india ltd., were acquired by the government of india in relation to the undertaking of the said company in india. consequently, in terms of section 7 of the said act, all the properties owned by the said burmah shell ltd., as well as the properties held or possessed by the said company under any lease or under ..... for a period of 25 years as sought to be claimed by the petitioners. it is also submitted on behalf of the respondents that provisions of section 5(2) of the said act merely enables the petitioners to seek renewal but subject to the other provisions of law including requirement of registration of the lease and admittedly in the .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-21-2003
Reported in : [2003(2)JCR541(Jhr)]
..... the land in question had also taken place, between the parties prior to the institution of the partition suit. ext. a also corroborates the existence of a proceeding under section 144, cr pc between the parties in respect of the land in question during the pendency of the said title suit before the court of deputy collector, sahebganj bearing ..... the prosecution case in their evidence on oath regarding the manner of the occurrence and the learned court below has rightly found the appellants guilty for the offences under sections 302/149, 323/149 and 147 ipc and has convicted and sentenced them and there is also no illegality in the impugned judgment.10. it will admit of ..... civil court and, as such, there was unity of title and possession of the parties over the said land and that was the reason the appellants were acquitted under section 447 of the ipc by the learned court below. it has also been submitted that there is no material on the record brought by the prosecution to give an .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-2003
Reported in : 2003(I)OLR473
..... party in possession of the property on the assertion of a valid right.9. for the reasons indicated above, this court finds no merit in the application under section 115. cpc nor in the application filed today so as to interfere with the impugned orders or to grant temporary injunction in favour of the plaintiffs to restrain ..... 2. plaintiffs in title suit no. 688/678 of 2001/1999 of the court of civil judge (jr. division), bhubaneswar have filed this civil revision petition under section 115, cpc challenging to legality and correctness of the order passed on 29.6.2002 by the said civil judge and the confirming order passed by learned addl. ..... appellant. apart from that, in the above context, the revisional court can also exercise jurisdiction under section 115(1), cpc if the court finds that the court below having jurisdiction to adjudicate the dispute and while so adjudicating such dispute acted illegally or with material irregularity. in the case at hand, this court does not find any such .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-21-2003
Reported in : 2003CriLJ2188
..... in sessions trial no. 8 of 1997 by sri s. h. kazmi, 3rd additional sessions judge, jamshedpur, east singhbhum whereby and whereunder all the appellants aforesaid were found guilty under sections 302/34 and 201/34, i.p.c. for committing the murder of prasanna kumar bera, the uncle of p.w. 2, dinesh chandra bera, the informant and also causing ..... on behalf of the defence.7. in view of the oral and documental evidence on the record, the learned court below found all the appellants guilty for the offence under sections 302/34 and 201/34 i.p.c. and convicted and sentenced them as stated above.8. assailing the impugned judgment against the weight of the legal evidence on the ..... deceased which was as per prosecution case has been recovered on 24-4-1996 and brought before the medical witness on 25-4-1996. lastly it has been submitted that section 157 of the cr. p.c. casts a duty upon the i.o. to forthwith send the report of the cognizable offence to the magistrate empowered to take cognizance and .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-21-2003
Reported in : (2003)105BOMLR372
..... a trustee of a public charitable trust that the premises are required for occupation for the trust;the plain reading of clause (g) of section 13(1) of the bombay rent act shows that the landlord is entitled to recover possession of the premises on satisfying the court that the premises are reasonably and bona fide ..... of the suit premises on account of reasonable and bona fide requirement. section13(1)(g) reads thus :13(1) notwithstanding anything contained in this act but subject to the provisions of sections 15 and 15a, a landlord shall be entitled to recover possession of any premises if the court is satisfied -(a)...(b)...(c)...(d)...(e)...(f ..... court. the landlord had filed the suit for recovery of possession of non residential premises on the grounds of bonafide and reasonable requirement under section 13(1)(g) of the bombay rent act. while the suit was pending before the trial court, the plaintiff-landlord died his legal representatives were brought on record, the amendment application .....
Tag this Judgment!Court : Chennai
Decided on : Feb-21-2003
Reported in : (2003)IILLJ895Mad; (2003)2MLJ494
..... employment injury that he sustained was at a time when he had so ceased to be an employee. the bar under section 83 of the e.s.i act therefore will not operate in this case and will not come in the way of his making a claim before the ..... compensation commissioner and that the commissioner had declined to entertain the application in view of the bar contained in section 83 of the e.s.i act. we make it clear that the workman, if he is able to make out a case under the workmen's compensation ..... be an injury sustained by him as an 'employee'. . . disability benefit would not become payable to such a person.11. section 28 of the act makes it abundantly clear that the funds of the corporation are to be utilised only for the purpose set out thereunder ..... must have incurred the disability as a result of an employment injury sustained as an employee. employee is defined in section 2(9) of the act as any person employed for wages in or in connection with the work of a factory or establishment to which the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-21-2003
Reported in : III(2004)ACC88; 2004ACJ1024
..... have gone out safely and the doors are properly closed. moving the bus while passenger(s) is/are in the process of moving in or moving out is a negligent act. in this case, deceased was in the process of getting down. he was to take care, apart from getting down himself, of bundles of newspaper, which could take some time .....
Tag this Judgment!Court : Chennai
Decided on : Feb-21-2003
Reported in : (2003)IILLJ972Mad; (2003)2MLJ17
..... the grievance/complaint of the second respondent? in an answer to the said question, it is useful to refer the relevant provisions from the consumer protection act, 1986 (hereinafter referred to as 'the act'):'section 2(c) 'complaint' means any allegation in writing made by a complainant that- (i) xx xx (ii) xx xx (iii) the services ..... the services rendered by an employer to his employee under the contract of personal service from the ambit of the expression 'service'. though as per section 12 of the act, the first respondent can entertain complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided ..... the 2nd respondent. further, the service rendered free of charge or contract of personal service is outside the purview of service as defined under section 2(1)(o) of the said act. accordingly, the complaint cannot be adjudicated by the first respondent. 3. the second respondent/complainant before the district consumer redressal forum has not .....
Tag this Judgment!Court : Sales Tax Tribunal STT Tamil Nadu
Decided on : Feb-21-2003
Reported in : (2005)139STC106Tribunal
..... already issued by them. leaving section 41 of the act, section 42 of the said act gives similar powers.14. what is prayed for by the revenue is a fair opportunity to verify the genuineness of the transactions and the same ..... 95 of 2003 and 102 of 2003, already we have passed an interim order for the release of the goods on furnishing of security, as contemplated under section 42(8) of the act. at that stage, learned counsel for the petitioners made their submissions questioning the validity of the impugned notices issued by the respondent.4. the petitioners in original ..... case they could be retained up to a period of ninety days at a time." therefore, the authorities are having power to check tax evasion under sections 41 and 42 of the act. whether they use the power in accordance with the said provisions is a question to be decided on the basis of the outcome of the detention notices .....
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