Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : JT2003(9)SC438; (2004)1MLJ49(SC); 2003(8)SCALE688; (2003)10SCC121
..... prove both the ingredients - the factum as well as the intention - that the appellant falls in the categories of the persons, mentioned above [clause (d) of section 2 of the act], has occupied the land in dispute, which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally taking ..... possession of such land or entering into the land for any of the purposes mentioned in clause (e) of section 2 of the act, summarised above.what needs to be looked into in the present controversy is : whether the appellant has any lawful entitlement (proprietary or possessory) to the land ..... of evidence of title produced by him, he can be held to be not falling in the definition of 'land grabber' under sub-clause (d) of section 2 of the act. in the present case, the occupants had produced documents to prove their source of title and long possession of their predecessor-in-title being the original grantee .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-14-2003
Reported in : RLW2004(1)Raj445
..... , courts would naturally be circumspect and cautious' as such there cannot, in the present case, be any valid challenge to the rate of penalty provided for in section 78(5) of the act.'5. learned counsel for the businessmen has further stressed that even in the decision of state v. d.p. metals, the hon'ble supreme court has expressed ..... that the law laid down in d.p. metals (supra), by the division bench cannot be upheld because that proceeded on the premises that section 78(5) of the rajasthan sales tax act, 1994 (for short 'the act') was ultra vires of the constitution. it has been declared by the hon'ble supreme court in the state of rajasthan and anr. v ..... . d.p. metals (5), that section 78(5) is not violative of the constitutional provisions. while reversing the question of vires of section 78(5), the hon'ble .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2003SC4475; JT2003(Suppl2)SC366; 2004(1)KLT354(SC); 2003(8)SCALE591; (2003)8SCC526
..... decide, any question of law.(1a) .......(1b) .......(2) .......(3) .......(4) ......' 6. the relevant provisions of the madras preservation of private forests act, 1949 (for short 'the mppf act') are as under:-section 3. 'preservation of private forests - (1)(a) no owner of any forest shall, without the previous sanction of the district collector sell, mortgage, lease ..... light of the law laid down by the high court in the earlier judgments, the high court was justified in interfering exercising revisional jurisdiction under section 103 of the act inasmuch as the talk land board decided the question of law erroneously on the facts either found or established; the board also failed to ..... order of the high court made in review.3. the learned counsel for the appellants contended that the high court in its revisional jurisdiction under section 103 of the act was not right and justified in interfering with the order passed by the taluk land board; the high court could disturb the finding recorded .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Oct-14-2003
Reported in : (2005)95ITD83(Mum.)
..... , the legislature appears to have used the terminology 'received' in clause (b). at this juncture, it is worth mentioning that as per the charging section of the income-tax act capital gain shall be deemed to be the income of the previous year in which the transfer took place. earlier the taxpayers agitated the imposition of capital ..... upholding that all the case laws cited in the course of the proceedings are not applicable, as those cases are decided prior to introduction of section 45(5) of the income tax act with effect from 1-4-1988 without appreciating the law in its proper perspective. the learned cit (appeal) should have appreciated that additional compensation ..... by this common order.the grounds are inter-related and revolve around a single issue of charging of long term capital gain'by invoking section 45(5)(b) of income tax act (hereinafter referred the act). ground nos. 4 to 7 have not been contested being consequential in nature and ground nos. 1 to 3 are reproduced herein .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Oct-14-2003
Reported in : (2005)96TTJ(Mum.)880
..... mind this eventuality the legislature appears to have used the terminology "received" in clause (b). at this juncture it is worth mentioning that as per the charging section of it act capital gain shall be deemed to be the income of the previous year in which the transfer took place. earlier the tax payers agitated the imposition of capital ..... this common order.2. the grounds are inter related and revolve around a single issue of charging of "long term capital gain" by invoking section 45(5)(b) of it act (herein after referred the act). ground no. 4 to 7 have not been contested being consequential in nature and ground no. 1 to 3 are reproduced herein below to ..... in upholding that all the case laws cited in the course of the proceedings are not applicable, as those cases are decided prior to introduction of section 45(5) of the income tax act w.e.f. 01/04/1988 without appreciating the law in its proper perspective. the ld.cit (appeal) should have appreciated that additional compensation .....
Tag this Judgment!Court : Delhi
Decided on : Oct-14-2003
Reported in : III(2004)ACC90; 2003VIIAD(Delhi)558
..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.'no fault liability' envisages in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the ..... calibrated work the learned author has pointed out that 'over the years rylands v. fletcher has been applied to a remarkable variety of things: fire, gas, explosions, electricity, oil noxious fumes, colliery spoil, rusty wire from a decayed fence, vibrations, poisonous vegetation.................'. he has elaborated seven defenses recognized in common law against ..... amount awarded by the tribunal. thereforee, these two are resting on two different premises. we are, thereforee, of the opinion that even apart from section 140 of the mv act, a victim in an accident which occurred while using a motor vehicle, is entitled to get compensation from a tribunal unless any one of the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-14-2003
Reported in : 96(2003)CLT550; 2003(II)OLR559
..... be answered satisfactorily. that means, sufficient cause for not filing appeal is a condition precedent for exercise of discretionary jurisdiction vested in the court by section 5 of the limitation act. even if sufficient cause is shown, the duty of the court is to enquire whether or not delay can be condoned in exercise of discretion ..... singh v. kanshiram reported in 1997 privy council 156, it was observed that true guide for a court to exercise the discretion under section 5 of the limitation act is whether the appellant acted with reasonable diligence in prosecuting the appeal. in sakuntala devi jain v. kuntala kumari reported in 1969 s.c. 575, a bench ..... for the opposite party urged like this :appeal being barred by prescription of time is not maintainable. only upon sufficient cause being shown as contemplated under section 16(3) of the act delay in filing the appeal can be condoned. the fact that appellant having come to know that opposite party (respondent) filed an appeal before delhi .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2003SC4501; 2004(1)AWC18(SC); JT2003(Suppl2)SC402; 2003(8)SCALE584; (2004)1SCC55
..... companies (the appellant and respondent no. 1). section 15 of the milk act reads as under:'15. prohibition or regulation of sale and transport and export of milk and milk products. - the state government may, in the ..... supplied by respondent glindia to the appellant dairy farm were fixed under terms mutually settled through negotiations between the parties, the power of price fixation under section 15 of the act could not have been invoked by the state government to nullify the terms and conditions of the agreement on fixation of price reached between the two ..... placed on the exercise of such powers by the state. the second ground urged is that the price fixation by the state in accordance with section 15 of the milk act is a power with which the court should not interfere because it is essentially within the domain of executive authorities and requires consideration of several .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-14-2003
Reported in : 2004(1)ALLMR670; 2004(5)BomCR444
..... assistant engineer for his signature. the duties of junior engineer include inspection of the buildings in the area allotted and issuance of notices under different sections, to draft notices after inspection for unauthorised works. these duties apparently disclose that it is not merely on the complaint by the strangers regarding illegal ..... his subordinates, getting feed back of compliance from the sub-engineers and junior engineers, scrutinise their reports and take steps to redress, ensure follow-up acts including detection of unauthorised works including notices, action thereon and its demolition. as regards the duties of a sub-engineer, he is required to ..... authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-14-2003
Reported in : [2004(1)JCR695(Jhr)]
..... certified copy of the judgment passed in sessions case no. 70 of 1991 in which informant satyanarayan lal srivastava had figured as accused for the offence under section 376(1) of the indian penal code regarding the allegation against him for ravishing parabhi kumari, daughter of ramdeo bhagat though he was acquitted in the ..... thereof to undergo rigorous imprisonment for six months. however, the sentences were ordered to run concurrently. all the appellants were acquitted for the offence punishable under section 307 of the indian penal code.2. the prosecution case has arisen on the basis of the fardbeyan of pw 2 satyanarayan lal srivastava, the informant, ..... 1991 by sri ajay kumar srivastava, 2nd additional sessions judge, godda whereby and whereunder appellant jai narayan bhagat was found guilty for the offence punishable under sections 326, 323, 148 of the indian penal code and he was convicted and sentenced to undergo rigorous imprisonment for seven years, six months and one year .....
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