Court : Chennai
Reported in : (1976)1MLJ254
..... 3(ee) imposes an unreasonable restriction on the fundamental right of the petitioners to carry on business as gold-dealers. various sections of the gold (control) act, 1968 as originally enacted had been struck down by the supreme court in the former judgment referred to by me already only on the basis that they interfered with the ..... all that is necessary for the purpose of understanding the point raised in these writ petitions is to refer to chapter vii of the act, which deals with dealers and the provisions contained in section 27 which occurs in that chapter and deals with licensing of dealers. sub-section (1) of that section states that save as otherwise provided in ..... that act, no person shall commence, or carry on, business as a dealer unless he holds a valid licence issued in that .....
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Reported in : [2007]135CompCas514(Mad); [2007]78SCL222(Mad)
..... person aggrieved by all the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under chapter-iii of sarfaesi act. therefore, the right of the subsequent purchasers or the bona fide purchasers or was there any valid mortgage, as the case may be, could ..... but the second respondent never turned up afterwards. the second respondent, with the active collusion and abatement with the officials of the fourth respondent/lic housing finance limited had forged, misrepresented and fabricated documents, to show as if the petitioner had executed mortgage in favour of the fourth respondent, whereas the true fact ..... by kaashyap radiant systems limited. this petitioner submits that he never offered his immovable property as security for the loan sanctioned by the respondent/lic housing finance limited to the said kaashyap radiant system limited. when the said company approached the respondent with a request to sanction a corporation loan of rs. 200 .....
Tag this Judgment!Court : Chennai
Reported in : 1990CriLJ2685
..... under art. 226 was again considered by the supreme court in zilla parishad, moradabad v. k. s. mills, amroha, : [1968]1scr1 wherein it was held as follows :- 'a provisions like s. 128 of the u.p. district boards act for an appeal against an assessment to tax is there, but the fact that the petitioner has not availed of it ..... cannot be detained for more than 24 hours without a special order of a magistrate under s. 167. this is the first stage after a person is arrested. chapter iii of the code relates to information to the police and their powers to investigate. elaborated provisions have been made as to the powers of the police in the ..... but the consequent effect of it on the rights of individuals. whenever there is a substantial difference in procedural rights of the accused to equality of treatment where the act complained of deprives the accused of similar procedural safeguards which are offered to the other accused of the same class, under the general law of criminal procedure, the .....
Tag this Judgment!Court : Chennai
Reported in : (1968)2MLJ451
..... .49. in a. n. lakshman v. income-tax officer : [1958]34itr275(sc) , while considering the meaning of ' assessment ' as occurred in section 13 (1) of finance act, 1950, it was held that the word ' assessment ' must be taken in its comprehensive sense and the collection of words in the said section, namely, 'levy, assessment and collection ..... assessment, levy and collection of tax would include penalty also what happened in that case was that the hyderabad income-tax act was repealed by the finance act, 1950. sub-section (1) of section 13 of the finance act, 1960, provided:if immediately before the 1st day of april, 1950, there is in force in any part b ..... legislature would not have taken away that discretion of the authorities to institute prosecution in respect of assessment, levy and collection of tax before the commencement of the act of 1961.53. the learned counsel for the petitioner relied upon the decision in income-tax commissioner, bihar and orissa v. pratapsingh : [1961]41itr421(sc) .....
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Reported in : 1988(17)ECC119
..... of the value of the goods, in the case of goods mentioned in the first schedule to the customs tariff act. according to section 45 (4) of the finance act, 1983, the provisions of the customs act and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties shall, so far ..... contracting parties to the gatt and is bound to give effect to the terms thereof. learned counsel invites our attention to the following passage at page 1968 of volume 17 of encyclopaedia britannica:--efforts to liberalise trade: a great tide of protectionism rose during the depression of the 1930s, when industrial nations ..... (1) of clause 45 of the said finance bill as is in excess of the amount calculated at the rate of twenty per cent of the value of such goods as determined in accordance with the provisions of section 14 of the first mentioned act. table------------------------------------------------------------------chapter no. in thes1. first schedule to description of .....
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Reported in : 1998(99)ELT214(Mad)
..... permit (ccp) shall be required and may be issued, on 'application, by the licensing authority after considering the merits of the case'. chapter i of the foreign trade (development and regulation) act, 1992 deals with the power of the central government to make orders and announce the export and import policy. 29. section 3 of the ..... matteer to the customs board. the appellant aggrieved by the levy of 240% duty instead of concessional rate of duty at 35% appealed to the finance ministry. the finance ministry and the customs board approved the clearance of the fire arms and ammunition as baggage and held that the appellant's import by baggage would ..... the power, inasmuch as for the adjudicating authority did not consider the past practice of clearing the guns without import licence which had been approved by the finance ministry, customs board and at the tariff conference. the appellant also filed an interim application for an interim direction directing the respondents to release all the .....
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Reported in : (1902)12MLJ128
..... of a conveyance by the judge if the parties differ. such a conveyance is exempt from the payment of ad valorem stamp duty (proviso to section 6 of the english finance act, 1898) if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent to an absolute foreclosure ..... 35 of 1901 and a.a.o. nos. 48 and 156 of 1900 i.l.r. 25 m. 244 and in this case, as lo the scheme of the mortgage chapter in the transfer of property act and its relation to chapter xix of the civil procedure code, is, i venture to say, not only in strict conformity with the transfer of property ..... act which in this respect is substantially the same as the english chancery law--but also steers clear of the innumerable difficulties, as to the right of appeal, the period of .....
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Reported in : (1902)ILR25Mad300
..... conveyance by the judge if the parties differ.' such conveyance is exempt from the payment of ad valorem stamp duty (proviso (b) to section 6 of the english finance act, 1898), if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent to an absolute ..... made to the full bench in mallikarjunadu setti v. lingamurti pantulu see ante p. 244 &c; and in this case, as to the scheme of the mortgage chapter in the transfer of property act and its relation to chapter xix of the civil procedure code, are, i venture to say, not only in strict conformity with the transfer of property ..... act- which in this respect is substantially the same as the english chancery law-but also steer clear of the innumerable difficulties, as to the right of appeals, .....
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Reported in : AIR1994Mad123; (1993)IIMLJ617
..... admittedly he was residing with his father till 1970. and it is the evidence of d. w. 2 that the appellant and 9th defendant are living together since 1968. that the sons of the appellant chose to live with their father even after the induction of the 9th defendant in the household also probabilises the claim of the ..... we are of the view that unless a partition of the property is effected by metes and bounds, the daughters cannot be deprived of the benefits conferred by the act. any other view is likely to deprive a vast section of the fair sex of the benefits conferred by the amendment. spurious family settlements, instruments of partitions not ..... , as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989; (v) nothing in clause (ii) shall apply to a partition which had been effected before the date .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... whether circumstances of suspicion exist warranting a precautionary step by way of restraint. in any case the constitution has incorporated ' preventive detention' as part of the chapter on 'fundamental rights' & made the exercise of fundamental rights expressly subject to article 22. the same constitution has given parliament plenary power of legislation on ..... months he shall have a right of making a representation which shall be referred to the advisory tribunal constituted under section 3 (4) of the act. the act did not provide as to what the advisory tribunal should do after the matter was referred to it. the main argument in the case was ..... schedule vii. constitutional rights & liberties guaranteed by the constitution & which are of prime importance to the citizens of a free democracy have been considerably eclipsed. the act creates & establishes a crime & provides drastic penalties by way of imprisonment, fine & forfeiture of property without a fair trial. it does not provide for proper .....
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