Court : Madhya Pradesh
Decided on : Nov-13-2003
Reported in : II(2004)DMC256
a.k. awasthy, j.1. appellant/petitioner has filed this appeal under section 28 of the hindu marriage act against the judgment and decree dated 10.10.1996 passed by the ixth additional district judge-indore in hindu marriage case no. 273/1991, against the order of fixing of .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-12-2003
Reported in : AIR2004Kant188; [2004]49SCL720(Kar)
..... members nominated by the central government.2. the manner of election to the council to elect the elected representatives is provided under section 10 of the act. the regulations framed under section 39 of the act which provide for the method of electing such members and the manner in which the elections are to be conducted and various ..... other aspects. in respect of any disputes arising in the context of such elections, and election tribunal as envisaged under section 2 of the act appointed by the central government examines the disputes and decides the same. for a tribunal to examine an election dispute, the procedure is that such ..... counsel for the petitioner by drawing attention to the relevant provisions of the regulations and particularly the mode of presentation of an election petition under section 10(2) of the act. learned counsel has pointed out that the election petition itself is presented before the council who refers the same to the tribunal. it is .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-12-2003
Reported in : (2003)185CTR(Kar)588; ILR2004KAR319; [2004]265ITR415(KAR); [2004]265ITR415(Karn)
..... /s padmapriya oil mills carries on the business in edible oils. the petitioner for the asst. yr. 1997-98 ought to have filed return of income under section 139(1) of the act on or before 31st aug., 1997. he filed return of income on 31st march, 1998, declaring an income of rs. 8,530. it was beyond the ..... appeal was filed by the petitioner. the petitioner, however, made an application on 7th feb., 2000, seeking for waiver of interest that was levied under sections 234a, 234b and 234c of the act. the chief cit rejected the application of the petitioner seeking waiver of interest in terms of annex.--'b'. aggrieved by the same, the petitioner filed a ..... petitioner did not file any appeal against the intimation and accepted the return of income. however, he made an application seeking waiver of interest levied under sections 234a, 234b and 234c of the act. the chief cit rejected the application. he filed a writ petition in this court. this court remanded the matter. after remand an order has been .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-12-2003
Reported in : 2005(1)ARC597; 2005(2)AWC1574
..... date of death of the said jag mohan, his sons ram nath was the 'heir' in view of the law of intestate succession as contained in the hindu succession act, 1956, particularly section 8 thereof and the schedule thereto. during the life time of the said ram nath, the petitioners herein, who are the sons of the said ram nath, could not ..... of the deceased, will have a right to succeed the tenancy rights in preference to brother's son.'37. the decision in asha vaish case (supra) shows that section 3(a) of the act contemplates only natural heirs. heirs will be determined according to personal law applicable to a party. in asha vaish case (supra), as the parties were hindu, it was ..... would be deemed in his own right on the death of the testator.20. this gives rise to the question about the scope of the word 'heirs' used in section 3 of up. act no. 13 of 1972. counsel contended that the word 'heirs', would include testamentary heirs as well. the word 'heir' has several meanings. in some of the case .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-12-2003
Reported in : 2004(1)ALD878; 2004(2)ALT342
..... the defendant did not discharge the burden, except marking ex.b.1, which is true copy of certificate of registration dated 5-5-1981 issued under section 8 of the co-operatives act and neither the bye-laws nor any regulations of the defendant have been filed. further, he submitted that there is no evidence with regard to the nature ..... by seeking dispensing with the notice. having regard to the same, we deem it appropriate that similar amendment can as well be introduced to section 126 of the a.p. co-operative societies act enabling the parties to file similar suits as against the society by dispensing with the notice to the registrar. it is needless to observe that ..... even though the plaintiff is entitled for recovery of the suit amount, dismissed the suit on the ground that the plaintiff did not issue notice under section 126 of the a.p. co-operative societies act. hence the appeal.7. in this appeal, sri m.p. ugle, learned counsel for the appellant submits that having regard to the specific .....
Tag this Judgment!Court : Chennai
Decided on : Nov-12-2003
Reported in : 2004(1)CTC744
..... notice or wages in lieu of such notice. in the absence of such compliance, the termination of the petitioner is contrary to the provisions of section 41 of the said act. hence, the oral termination of the petitioner is also unsustainable.10. for all the above reasons, the impugned order of the first respondent appellate ..... by this court, the next question arises as to whether the petitioner could be terminated from service without there being any enquiry. section 41 of the tamil nadu shops and establishments act, 1947 reads as under:'(i) no employer shall dispense with the service of a person employed continuously for a period of not ..... no charges framed, no enquiry conducted before the termination of the petitioner. contending that the oral termination was contrary to the provisions of section 41(i) of the tamil nadu shops and establishments act, 1947, the petitioner filed an appeal before the first respondent questioning the termination. the said appeal was rejected by the impugned order. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-12-2003
Reported in : (2005)140PLR212
..... singh son of partap singh.10. now, the first question to be seen is whether the said will has been duly proved. according to section 63 of the indian succession act read with section 68 of the indian evidence act, the will is required to be attested by two witnesses and one attesting witness is required to be produced for proving its due execution ..... s son, is a class-ii heir and falls in entry no. iv while nand kaur falls in entry no. vi of class-ii heirs and according to section 9 of the hindu succession act, heirs falling in the 1st entry shall be preferred to those in the iind entry and so on in case of succession to the property. thus, respondent ..... the plaintiff has no locus standi to file the present suit? opd3. whether the suit is not maintainable in the present form? opd4. whether the plaintiff is estopped by his act and conduct to file the present suit? opd5. whether the suit is bad for non-joinder of necessary parties? opd6. whether the defendants are entitled to special costs of rs .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-12-2003
Reported in : III(2004)ACC15,2005ACJ1622,2004(2)CHN370
..... j.1. the short question that arises in this case as argued by mr. banik is that whether the expression 'legal representative' appearing in section 166 of the motor vehicles act, 1988 (mv act) includes married daughters in order to enable her to get compensation on account of death of her father irrespective of the question whether the daughter was ..... is also found that victim was not living with the daughter. therefore, the daughter also cannot claim compensation for loss of association.12. so far as section 140 of the mv act is concerned, the rigour of proof of liability may be exempted but it is not free from the question of determining the entitlement and dependency. the ..... the basis of the right to get the compensation. we may accept the said proposition for the purpose of interpreting the expression 'legal representative' used in section 166 of the mv act, so far as it gives right to a person to apply for compensation, but this decision does not help mr. banik with regard to question of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-12-2003
Reported in : (2004)137PLR723
..... the defendants at the reserved price at rs. 75/- per sq. yard, as approved by d.c., bhiwani to the plaintiff? opd 3. whether any notice under section 52 of the haryana municipal act, 1973 was required to be served on the defendants? opd 4. if issue no. 3 is proved was any such notice served on the defendants? opp 5. ..... the court of competent jurisdiction.6. the suit was contested by the municipal committee on the ground that the suit was not maintainable in face of provisions of section 52 of the haryana municipal act, 1973 as well as agreed price of the plot was to be paid at the rate of rs. 75/- per square yard, which the plaintiffs had ..... by the learned counsel for the appellants mainly on two grounds:-i. that appropriate notice was not served upon the appellants in accordance with the provisions of the haryana municipal act, 1973 so as to empower the authority to take any further action or to obstruct the plaintiffs from carrying on their business: ii. the costs, in relation to shops, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Decided on : Nov-12-2003
Reported in : (2004)91ITD173(Pat.)
..... association of persons.the association of persons being a separate assessable entity is obliged to file the return of income and also pay taxes as per the provisions of the act. section 139(1) makes it obligatory for the association of persons to file the return of income within the prescribed time if its income exceeds the maximum amount which is not ..... chargeable to income-tax. the assessment in the case of an association of persons is required to be made under the provisions of the act, such as section 143 or 144 and/or 147.19. as pointed out elsewhere in this order, the supreme court in the case of i.t.o. v. ch. atchaiah [(supra) held ..... it gave an option to the a.o. to levy tax on either the association of persons or the members of the association individually.on the terms of section 3 of the 1922 act, it was held that if anyone or more members of an association of persons had already been assessed to tax in respect of his or their share income .....
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