Court : Madhya Pradesh
Decided on : Feb-28-2003
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... the said decisions. 38 *** *** *** 39. this court does not find any reason to come to the aforesaid conclusion from a reading of section 21 of the said act. section 21 of the said act makes a provision that when an appeal is filed by a person and against whom the amount of debt, due to the bank or financial ..... the regulations read as under:-- '31. examination of witnesses and the issue of commissions.- (a) evidence shall be on affidavits. (b) provisions of section 22 sub-section (2) of the act and the relevant provisions of the code of civil procedure shall mutatis mutandis apply in the matters of summoning and enforcing attendance of any person as witness ..... rules are to apply mutatis mutandis even in respect of an appeal preferred against the interim or interlocutory order barring an appeal which is referred to under section 21 of the act. in support of their contentions, they have placed reliance on the decisions rendered in the cases of kavita pigments and chemicals (supra), bank of india .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2003
Reported in : 2003(3)BomCR8
..... not specifically exempted the petitioner's unit under section 5-e of the act from paying the duty leviable under section 5-a of the act. it appears that the government of india has taken a policy decision not to grant exemption to export oriented units from payment ..... . thus exemption and exclusion of levy of cess have been spelt out in the act itself and unless there is notification issued under section 5-e of the act, petitioner is not entitled to claim exemption from the levy of cess. it is not disputed before us that the central government has ..... on the textile or textile machinery under any other law for the time being in force. section 5-a(1) of the act provides that cess under the said act shall be leviable and collected for the purpose of this act. section 5-e of the act confers power on the central government to grant exemption from the whole or part of the levy .....
Tag this Judgment!Court : Orissa
Decided on : Feb-28-2003
Reported in : 2003(II)OLR236
..... above purpose. accordingly, they claimed higher valuation multiplied by 16 annual yield value along with other statutory benefits. the land acquisition officer referred the dispute under section 18 of the land acquisition act to the learned civil judge (sr.divn.) deogarh. for adjudication.3. the learned civil judge, after considering the evidence on record, by his judgment ..... 6 of 2000.2. the facts in brief leading to this first appeal are stated herein below :pursuant to notification dated 23.1.1975 under section 4(1) of the land acquisition act published in e.o.g. no. 4573 dated 21.1.1978, the government of orissa acquired ac. 8.74 decimals of land under khata no ..... of the appeal mr. das, learned addl. standing counsel, vehemently urged that the court below has failed to appreciate the scope and ambit of sections 23 and 24 of the land acquisition act for determination of the market value of the lands in question. he also argued that the award of higher compensation is exorbitant and. thus, .....
Tag this Judgment!Court : Kerala
Decided on : Feb-28-2003
Reported in : 2003(2)KLT1058
..... above are interpreted, it can be seen that the tenant is not challenging an order passed by the rent controller under section 11 of the act to attract section 12(1) of the act. consequently, section 12(3) of the act also will not be available for applying against the tenant.10. therefore, we have no hesitation to hold that the ..... order against the tenant, who failed to deposit the rent arrears. therefore, eviction order was passed against the tenant and the alleged sub-tenant under section 12(3) of the act. that was challenged in revision. the revisional court interfered with the judgment of the appellate authority by passing an order holding that the tenant cannot be ..... to the tenant to deposit the arrears of rent, and therefore, the petition is unsustainable.3. the question for consideration is whether a direction under section 12(3) of the act could be given by the rent controller or the appellant authority during the pendency of proceedings arising under rule 13(3) of the rules.4. heard .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-28-2003
Reported in : AIR2003SC1706; 2003(4)ALD86(SC); 2003(4)ALT60(SC); JT2003(2)SC286; 2003(2)SCALE499; (2003)4SCC488; [2003]2SCR430
..... authority within two months from today. the same shall be entertained the competent authority who issued notice in the paper calling for objections under section 166-b of the act and the disposed of on merits according to law.'said order was challenged before a division bench which by the impugned judgment held that though ..... the land situated in banjara hills are of (sic) village, a prime locality and in view of the contravention of the conditions stipulated under sections 47 and 48 of the tenancy act, the assignments were to be cancelled. as there was no response in spite of valid notice, order of cancellation was passed on 18.12 ..... initiated by the district collector. hyderabad under the andhra pradesh assigned lands (prohibition of transfers) act. 1977 (in short 'the prohibition act') read with section 166(b) of the andhra pradesh (telangana area) land revenue act. 1950 (in short 'the tenancy act'). the suo motu action was taken on the ground that there were irregular assignments in favour .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-28-2003
Reported in : AIR2003SC1917; 2003(3)AWC1744(SC); JT2003(2)SC320; 2003(2)KLT638(SC); 2003(2)SCALE518; (2003)4SCC257; [2003]2SCR473
..... subsequent to its being received in the high court. it may be that the chief justice has not designated an election judge under sub-section (2) of section 80a of the act until an election petition was actually received in the high court. who then would receive the election petition? do the constitution and the ..... the election petition, filed an application raising preliminary objection to the maintainability of the petition, seeking its dismissal in limine under section 86 of the act for non-compliance with section 81 of the act. the gist of the plea raised by the appellant is that the election petition should have been presented either before the ..... designated election judge or the chief justice of the high court; and that the presentation before the stamp reporter is invalid under section 81 of the act; and therefore, the petition is liable to be dismissed without trial. the learned designated election judge has overruled the objection preferred by the appellant .....
Tag this Judgment!Court : Delhi
Decided on : Feb-28-2003
Reported in : 2003IIAD(Delhi)645; 103(2003)DLT508; [2003]43SCL616(Delhi)
..... chairman and not less than two and not more than eight other members to be appointed by the central government.'15. section 129 of the customs act, 1962 provides for the constitution of the appellate tribunal which is the following words:'129: appellate tribunal- (1) the ..... of the table below to function as appellate authority against the orders passed by the adjudicating authorities authorised by the central government under section 13 of the said act and specified in column 2 of the said table. table ------------------------------------------------------------------------------ s. no. designation of adjudicating ------------------------------------------------------------------------------ 1. controller of imports ..... are concerned, they are of different nature and respondents were authorised to initiate the same by virtue of powers contained in section 11(2) of the act for failure on the part of the petitioner to fulfilll its export obligation. thereforee, petitioner is not correct in its .....
Tag this Judgment!Court : Orissa
Decided on : Feb-28-2003
Reported in : 2003(I)OLR468
b. panigrahi, j.1. this appeal has been filed by causing delay of more than 2 1/2 years along with an application for condoning delay under section 5 of the limitation act. at the time of hearing of the application for condonation of delay, we thought it proper to hear the matter on merits. heard learned counsel for the parties.2. mr ..... has filed this appeal against the order of acquittal passed by the learned additional district judge, khurda in a case under section 302. i.p.c. read with section 3(2)(v) of the scheduled caste and scheduled tribe (prevention of atrocities) act, 1989.3. the prosecution case is that prior to six months of occurrence i.e. on 4.2.1995 the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-2003
Reported in : 2004(3)ALLMR571; 2003(5)BomCR190
..... to leave the matrimonial home on account of the adulterous life of the husband and the ill-treatment meted out to her, she filed a petition under section 18(a) & (g) of maintenance act on 3-6-1996 seeking monthly maintenance of rs. 7,500/- as permanent alimony and sought injunction restraining the husband from disposing of his property, ..... the appellant was already a married man at the time of her marriage renders the marriage between the appellant and the respondent null and void under section 5(i) read with section 11 of the hindu marriage act, 1955 and in the light of decision of the apex court in the case of yamunabai adhav v. anantrao adhav, reported in : 1988crilj793 ..... is held to be solemnised according to hindu vedic rites, in the present case the wife is not entitled for maintenance. he relies on section 5(i) read with section 11 of the hindu marriage act, 1955 which provides that if either party to the marriage had a spouse living at the time of the marriage, then such a marriage .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-2003
Reported in : AIR2003P& H191; II(2004)DMC410; (2003)134PLR500
..... and circumstances of each case. in the present case, it may be noticed that the appellant before the learned trial court had filed an application under section 24 of the act for grant of maintenance pendente lite. it was the admitted position that the respondent was working as a clerk-cum-cashier with the punjab national bank, ..... alimony is admissible without the relationship between the supposes being terminated. in the said case the wife filed an application for grant of permanent alimony under section 25 of the act, after the joint petition of grant of divorce by mutual consent had been dismissed as withdrawn. it was held that in those circumstances, the applicant ..... of their rights under the decree.' therefore, the decree for divorce being passed in the present case, the appellant-wife would be entitled to the maintenance under section 25 of the act. the hon'ble supreme court in chand dhawan v. jawaharlal dhawan, (1992-2)102 p.l.r. 114 (s.c.), considered the question whether payment .....
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