Court : Mumbai
Decided on : Sep-25-2003
Reported in : 2004(2)ALLMR843; 2004(2)MhLj912
..... is clear that the order of the maharashtra revenue tribunal upholding the order of the tahsildar directing the vesting of the land in the state government under section 5 a of the act suffers from an error of law apparent on the face of the record and is liable to be set aside. the tahsildar had no jurisdiction or ..... land since the whole object is to restore the land to the tribal transferor.8. mr. deopujari, learned asstt. govt. pleader for the respondent, relied on section 5a of the act which reads as follows :--'5a. lands which cannot be restored to vest in government and to be granted to other tribal subject to certain restrictions.-- (1) where ..... that there are no heirs of the tribal transferor, has directed that the property should vest in the state government under section 5a of the maharashtra restoration of lands to scheduled tribes act, 1974 (hereinafter referred to as the 'act').2. the land in question is about 2.60 acres at village kudwa, taluka gondia, district bhandara. it was .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2003
Reported in : ILR2003KAR4443; [2004]266ITR178(KAR); [2004]266ITR178(Karn)
..... have taken into account- (i) the documents in question were not registered; (ii) machinery/equipment were not identified; (iii) written down value as per section 43(1) of the act in support of the machinery/equipment could not be ascertained; (iv) market value of the asset without valuer assessment also could not be ascertained; (v) there ..... orders impugned in this appeal suffer from any errors involving substantial question of law, which calls for interference by us?7. from the reading of section 260a of the act it is clear that this court can interfere against the order passed by the tribunal, if the order passed by the tribunal suffers from errors involving ..... being purely a question of fact, it is not permissible for this court to interfere against the orders impugned in exercise of its power under section 260a of the act. the learned counsel for the revenue pointed out that when the authorities have carefully examined the materials placed before it and have given several reasons which .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2003
Reported in : [2004(101)FLR399]; ILR2004KAR1307
..... as to the petitioner-company on 10.3.2003 with a request to recognise five of their workmen as protected workmen under section 33(4) of the industrial disputes act, 1947 (hereinafter referred as 'the act') for the year 2003-2004. annexure-a is the copy of the said letter. the petitioner replied to the said ..... aforesaid rival contentions, it is necessary to have a look at the provisions, which governs the same. section 33 of the act deals with the conditions of service etc. of the workmen. section 33 (3) & (4) of the act deals with recognition of protected workmen and protecting their interests during the pendency of an industrial dispute. the ..... said provisions read as under: 'section-33(3); notwithstanding anything contained in sub-section (2), no employer shall during the pendency of .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-15-2003
Reported in : [2004]138STC62(Kar)
..... j.1. petitioner m/s. ajantha caterers is challenging the notice at annexure b. petitioner further seeks for a declaration declaring that the amended provision of section 17(4)(i), by karnataka act no. 5 of 2001, in so far as it inserts the words 'hotelier or a restaurateur operating in the same premises or premises attached to a ..... the department visited the premises on december 20, 2001 and they sought for production of books of accounts from the petitioner. they issued notice under section 29(1)(e) of the act proposing to levy tax at 10.5 per cent plus 1.5 per cent. objections were filed by the petitioner. petitioner states that the amended ..... of the statute to truncate its semantic sweep and throw out of its ambit those who obviously are within the benign contemplation of the act. salvationary effort, when the welfare of the weaker sections of society is the statutory object and is faced with stultifying effect, is permissible judicial exercise.'a reading of the judgment would show that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-2003
Reported in : 2004(1)ALD122
..... the purpose mentioned in the notification is as under:for parking of vehicles and to control vehicular traffic near community hall'invoking powers under section 17 of the act, the enquiry under section 5a of the act was dispensed with. the 2nd respondent approved the notifications.6. in the light of these facts, it needs to be seen as to ..... for providing parking place therefor. the only remedy at the stage of taking decision as to acquisition, which is accorded to the aggrieved party under the act, is an enquiry under section 5a. the scope of this enquiry is very limited. the time that is required to be given to the affected parties to submit their explanations ..... the district collector, the 2nd respondent, to issue notifications is challenged. the petitioner also challenges the action of the respondents in invoking the urgency clause under section 17(4) of the act.3. in the counter-affidavit filed on behalf of the petitioners, it is stated that in an extent of ac. 1-15 cents of government .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-2003
Reported in : [2006]143STC199(All)
..... 29, 1990 was dismissed by the deputy commissioner (appeals), sales tax, on the ground that the assessee has failed to comply with the provisions of sub-section (1-b)(a) of section 9 of the act. it was also held by the assessing authority as well as by first appellate authority that supreme court in the case of hindustan aluminium [1981] 48 stc ..... pronouncement by supreme court non-payment of tax at the rate applicable to unclassified goods will amount non-payment of admitted tax within the meaning of section 9(1-b) of the act. clause (a) to section 9(1-b) also says that the appellant is liable to pay tax admitted in the return filed by him or at any stage in any ..... counsel for the applicant that in the return the rate of tax was admitted in respect of aluminium coils at 2 per cent. in view of section 8(2-a) of the central sales tax act, 1956, filing or not filing of form c will not make any difference. he proceeded further and tried to place reliance upon a case of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-14-2003
Reported in : (2003)135PLR3
..... facts had been pleaded that the property was ancestral of the parties. in other words she was only benami owner of the property. decree was hit by section 4 of the benami transaction and prohibition act, 1988. decree was obtained by practising coercion and undue influence upon her. she and the defendants have been working together at tps research and breeding farm ..... v. ram singh major and ors. (1996-1) 112 p.l.r. 559 (s.c.) it was held that sub-section 2 of section 17 of the registration act engrafts exceptions to the instruments covered only by clauses (b) and (c) of sub-section 1. clause (vi) relates to any decree or order of a court, except a decree or order expressed to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-2003
Reported in : AIR2003SC1831; JT2003(2)SC431; 2003(2)SCALE542; (2003)5SCC321; (2003)2UPLBEC1109
..... make rules to carry out the purposes of the act by notification in the official gazette. some of the matters that the ..... rules may provide for have been listed in section 31. these include under clause (f) of section (2) to section 31:'the number of officers and employees that may be appointed by the ..... with the different kinds of activities, each section having its separate administrative hierarchy. the question to be decided in this appeal is whether in 1980 promotions within the engineering department were to be made section wise or cadre wise.3. section 31 of the 1966 act empowers the central government, after consultation with the institute, to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-2003
Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344
..... court, tribunal or any authority cannot be curtailed, whittled down or circumscribed, in any manner, by any of the provisions contained in the trade act of the year 1984. section 62-c, which seems to have been completely overlooked by the high court, clinches the issue and dissuade any such construction. there is also ..... the courts and the bar to exercise jurisdiction shall operate on all such courts.(2) nothing in sub-section (1) shall affect the power saved under section 61.13. section 52-d, inserted by section 6 of the amendment act, empowers the officers enumerated therein to enter, inspect, search and seize in the following terms:-'52-d. ..... .1991. on 11.3.1991, the divisional forest officer, chatra south division, the authored officer, as per notification dated 2.1.1991 under section 5 of the bihar amendment act, 1990, informed the additional chief judicial magistrate regarding initiation of action. the range officer was said to have submitted prosecution report against the respondents .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-2003
Reported in : AIR2004SC1264; 2004(1)ALD(Cri)351; 2004CriLJ931; JT2003(10)SC179; RLW2004(1)SC70; 2003(10)SCALE842; (2004)12SCC546; 2004(1)LC670(SC)
..... based on the said complaint that after investigation the police of pahada police station filed a chargesheet against the respondent herein for offences punishable under section 302 ipc as also under sections 4 and 25 of the arms act. learned sessions judge-ii, udaipur, in sessions case no. 58 of 19.89 after trial found the respondent herein guilty of the offences ..... that the same is based on the fact that the respondent had dealt a single blow which according to the high court took the act of the respondent totally outside the scope of exception i to section 300 ipc. here again we cannot agree with the finding of the high court. the number of injuries is irrelevant. it is not ..... come to the conclusion that the blow in question which was on the stomach cannot be treated as an act falling under section 300 and would come under the illustrations found in section 300 to take it out of the purview of section 302 ipc. we do not think the said case decided on facts also would apply to the case in .....
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