Court : Karnataka
Decided on : Feb-24-2003
Reported in : ILR2003KAR4732; 2004(3)KarLJ49
..... provided to a person, the court does not get jurisdiction to examine the relative merits of the case coming before it under both the provisions viz., section 5 and section 27 of the present act. it is not only the right to seek a remedy under a certain provision that should determine the course to be adopted by a court but ..... the ground of lack of application of relevant principles governing the issue and on the ground of want of proper consideration. but, because the provisions of the present act, especially section 5 were not in existence at the time the orders were passed and more still as there is no consideration of the material on record with reference to the ..... person, if such proceeding is initiated by or on behalf of a person claiming to be real owner thereof, prior to the coming into force of section 4(1) of the act. the amendment act prohibited the right to recover property held benami and barred any suit, claim or action to enforce any right in respect of any property held benami .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-29-2003
Reported in : ILR2004KAR790; [2004]266ITR151(KAR); [2004]266ITR151(Karn)
..... quarrying. brick-earth is a mineral. banarsi dass chadha and bros. v. lt. governor, delhi administration, : [1979]1scr271 . [mines and minerals (regulations and development) act 1957, section 3(e)]as earth, clay and brick earth, all fall in the category of minerals, earth extracted from the plots of lands and used for the manufacture of bricks ..... which is dug out of a mine or pit or from inside the bowels of the earth. bhoor chand v. state of rajasthan, [marwar land revenue act, 1949, section 231].mineral--any substance that is neither animal nor vegetable. in narrow sense, no more than precious metals like gold and silver. it is also meant substances ..... minerals and ores (other than processed minerals and ores specified in the twelfth schedule).12. the assessees in all these matters claim deduction under sub-section (1) of section 80hhc of the act in respect of the profits earned on account of export of granite in the course of their business. the said provision states that where an assessee .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-14-2003
Reported in : (2004)IILLJ235Kant
..... it should be as per contractual liability and for that the insured has to pay additional premium.17. a plain reading of the proviso to sub-section (1) of section 147 of the act states that an insurer is not compulsorily required to cover the risk of all employees of the insured but is only required to cover the risk in ..... it. the liability could be statutory or contractual. a statutory liability cannot be more than what is required by the statute itself. however, there is nothing in section 95 of the act prohibiting the parties from contracting to create unlimited or higher liability to cover wider risk. in such an event, the insurer is bound by the terms of the ..... said decision was based upon the relevant clause in the insurance policy in that case which restricted the legal liability of the insurer to the statutory requirement under section 95 of the act. as such, that decision had no bearing on amrit lal sood's case as the terms of the policy were wide enough to cover a gratuitous occupant .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2003
Reported in : 2005ACJ301; ILR2004KAR3562
..... of sri pampanagouda with the result that the liability to pay compensation could be fastened on the insurance company concerned in terms of the provisions of section 147 of the motor vehicles act and the policy of insurance issued by it.3. the claim petitions were opposed by the insurance company and the owner of the tractor - trailer ..... of the liability that arose qua the owner of the vehicle as the policy issued by the company was an act policy and did not provide a cover wider than what was absolutely necessary under section 147 of the act. he urged that the liability of the insurance company could in the event of the finding on issue no. ..... question of fixing the liability of the insurance company by reference to the provisions of the workmen's compensation act. the accident in question has as observed earlier taken place in july - 1989. section 4 of the workmen's compensation act as it then stood envisaged payment of compensation by multiplying an amount equal to 40% of the monthly .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-2003
Reported in : 2003(3)ALD627; (2003)IIILLJ403AP
..... being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of india'. 13. likewise, section 2(12) of the act defines factory as :'factory means any premises including the precincts thereof - (a) whereon ten or more persons are employed or were employed for wages ..... insurance company before the tribunal. evidently, before the tribunal this aspect was left untouched and at the appellate stage this question is being raised. section 53 of the act dealing with bar against receiving or recovery of compensation or damages under any other law, reads as hereunder:'an insured person or his dependents ..... other important question arises for consideration in this appeal. the learned counsel also had drawn my attention to different provisions of the act in general and sections 53 and 61 of the act in particular, and had submitted that the bar imposed by the said provisions is clearly operative and applicable to the facts .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-30-2003
Reported in : (2004)191CTR(All)189
..... since the assessee has not offered any capital gains for taxation during asst. yr. 1991-92, income to that extent has escaped assessment. issue notice under section 148 r/w section 147 of the act.'17. from the above what can be seen is that the ao has first noticed schedule 'd' forming notes annexed to and part of the balance ..... seeking to convert the present petition into an appeal, requiring this court to go into merits of the case, which is not permissible except by second appeal under section 260a of the it act, only on substantial question of law, which the petitioner has done.13. in the light of the above, it will have to be decided whether before the ..... extraordinary jurisdiction. next, reliance is placed in the judgment of gkn driveshafts (india) ltd. v. ito (2003) 259 itr 19, to contend that when a notice under section 148 of the it act, 1961, is issued, the proper course of action for the noticee is to file the return and, if he so desires, to seek reasons for issuing the notices. .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-22-2003
Reported in : 2003(3)BLJR2183; [2004(2)JCR375(Jhr)]
..... commissioner, ranchi relied solely and wholly on the order dated 10-03-1987 which was passed on the objection filed by the land holders under section 8 of the urban land (ceiling, and regulation) act, 1976.3. in the instant case, mr. n.k. prasad, senior advocate appearing for the petitioners has pointed out that while the land ..... kumar tuli, his major son would constitute another unit comprising of himself. in this context, the definition of the word 'family' as given in section 2(f) of the urban land (ceiling and regulation) act, 1976 is as follows:--'2 (f) 'family', in relation to a person, means the individual, the wife or husband, as the case may ..... has been argued by mr. prasad.12. consequently, while dealing with the objection of the petitioners under section 10(2), the deputy commissioner relying upon the aforementioned order dated 10-03-1987 must, therefore, be said to have acted with a complete non-application of mind. the appellate order which is the other order impugned in this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : (2003)134PLR747
..... of the same was not handed over to it. thereupon, the petitioner gram panchayat initiated ejectment proceedings against the predecessor of the contesting respondents under section 7 of the act. in those proceedings, the petitioner gram panchayat was held to be owner of the land in question and order of ejectment was passed against mehar ..... filing the same before the collector, who has the jurisdiction to adjudicate upon the matter. thereupon, the contesting respondents filed instant suit/application under section 11 of the act before respondent no. 2, who was exercising the powers of collector. the said suit was decreed by the collector vide his order dated 5. ..... of the land in question to the gram panchayat after 'expiry of the lease period, the petitioner gram panchayat filed an ejectment application under section 7 of the act against him. the said ejectment application was allowed and the predecessor of the contesting respondents was ordered to be ejected by assistant collector ist grade .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-24-2003
Reported in : (2003)135PLR296
..... etc. v. the state of maharashtra and anr.2 air 1977 supreme court 915 has upheld the provisions of maharashtra agricultural lands (ceiling on holdings) act, 1961 wherein family unit is laid down in section 4(1) which provides:'4(1) all land held by each member of a family unit, whether jointly or separately, shall for the purposes of ..... found that there is no question of any discrimination resulting to the wife from the selection being given to the husband under section 9(4)(c) of the act. consequently, the supreme court found that the provisions of haryana act in respect of the family unit is not discriminatory and violative of article 14 of the constitution of india.9. the ..... in 9th schedule is violative of the part-iii of the constitution of india.5. the said act has been enacted as part of agrarian reforms. the family has been defined under section 3(4) of the act which reads as under:(4) 'family' in relation to a person means the person, the wife or husband, as the case may be, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-2003
Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35
..... of proving the execution and attestation of a document which is required by law to be proved in one manner as provided in section 68 of the evidence act. under section 68 of the registration act the registrar shall endorse the following particulars on every document admitted to registration:(1) the date, hour and place of presentation of ..... ram dutt and/or vijay singh negi so as to prove the execution and attestation of the codicil in the manner required by section 63 of the succession act read with section 68 of the evidence act. none of the two were produced in the witness box. the codicil cannot be said to have been proved.21. the registrar ..... wills only. a codicil need not necessarily be attested and, therefore, a codicil need not be proved in the manner contemplated by the main part of section 68 of the evidence act; a codicil will attract applicability of the provide, submitted the learned counsel for the appellants. in our opinion, such a submission cannot be countenanced. williams .....
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