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Mukul Chandra Bhattacharyya Vs. Union of India and ors.

Court : Kolkata

..... adopted by the board of directors of the bank with prior approval of government of india and reserve bank of india under section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970. necessary notification has also been issued in govt. of india gazette on 29.9.95. the present regulations supersede all our ..... . are two different concepts and the petitioner has attempted to confuse the issue; that in view of communication dated february 19, 2002 of the ministry of finance, government of india, an employee who has not been awarded the benefit of full back wages shall not be entitled to have the period of absence counted ..... in regard to consideration of the cases of reinstated employees at the instance of order of court for the purpose of computing qualifying service for pension, the ministry of finance, govt. of india, department of economic affairs, banking division, (vide their communication dated 19.02.2002) had clarified to all public sector banks, that in case .....

Manickam Chettiar Vs. Ramanatha Devar

Court : Chennai

Reported in : 1996(2)CTC373; (1996)IIMLJ398

..... controversy. equally if it is held by this court also as has been held by the courts below that the plaintiff is entitled to avail of the benefits of sections 34 of act 40 of 1979, the suit presented in this case would be well within the period of limitation, is not also in dispute. the above result flows from the various ..... .w.198, dated 29.8.1985 by s.a.kader, j.).4. vythilingam chettiar v. rangaswamipadayachi : (1988)2mlj339 dated 9.9.1988 by sathiadev and sivasubramanian, jj).5. sri varalakshmi finance syndicate v. rqjagopal konar (1990 (2) lw 351, dated 5.10.1990 by t. somasundaram, j.)6. sri agastheeswareswara swami devasthanam v. rajagopal konar (1992 (1) lw 71, dated 31 ..... question in paragraphs 8 to 12 of his judgment, which are to following effect:'para 8. the tact that the suit promissory note came to be executed on 2.5.1970 and that there was an endorsement of payment on 9.4.1973 and the suit as such came to be filed before the trial court on 29.1.80 are .....

D.L.F. United Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (1995)129CTR(Del)33; [1996]217ITR333(Delhi)

..... because of the insertion of the explanationn has no relevance in the present context. 20. however, even assuming the said explanationn to section 2(1a) inserted with effect from april 1, 1970, by the finance act, 1989, is applicable to the facts and circumstances of the case as submitted by learned counsel for the revenue, let us now ..... last contention raised by the revenue that the insertion of the explanationn to the definition of agricultural income in section 2(1a) of the income-tax act by the finance act, 1989, with retrospective effect from april 1, 1970, makes a difference to the approach to the answer to the question in the above reference. the aforesaid ..... explanationn inserted in the definition of 'agricultural income' in section 2(1a) of the act by the finance act, 1989, although was given retrospective effect from april 1, 1970, the same is clarificatory in nature and would apply to all the assessments even prior to april 1, 1970, and in that view the questions of law referred to .....

Commissioner of Income-tax Vs. Pramod Kumar Jain

Court : Rajasthan

Reported in : (1995)125CTR(Raj)154; [1995]216ITR598(Raj)

..... . : [1970]76itr396(mad) but in view of the decision of the apex court in the case of r.m. chidambaram pillai : [1977]10itr292(sc) referred to above, the said decision cannot be considered as laying down the correct law.8. it may also be observed that explanation 2 added by the finance act, 1992, from april 1, 1993, in section 15 makes ..... it clear that the salary received by a partner of a firm shall not be regarded as salary but this amendment has been brought on the statute book because of the change of basis of assessment of the firm and the partner under the new scheme.9. the provisions of section ..... master. the control' and supervision of the employer is a sine qua non of the relationship between the employer and the employee. in accordance with the provisions of section 16 of the act, the deduction is allowable from the income which is chargeable under the head of 'salary'. in the case of a partner, the income which is received by .....

F.C.i. Class Iv Employees Union Vs. F.C.i.

Court : Punjab and Haryana

Reported in : (1994)IILLJ102P& H

..... of contract labour in dusting etc. of building owned/occupied by the food corporation of india, industrial finance corporation of india for which the appropriate government under the contract labour (regulation & abolition) act, 1970 is the central government.'16. since the matter under consideration related to the prohibition of contract labour system ..... for registration of establishments employing contract labour or the revocation of registration and the effect of non-registration have been made in sections 6 to 9 of the act. section 10 is relevant for resolving the controversy in the present case. it may be usefully reproduced. it reads as under:-'prohibition of ..... clause (2) have to be complied with before the government issues any notification under clause (1). cumulatively, it appears that the requirements embodied in section 10(2) are of mandatory nature. their non-compliance would vitiate a notification.12. mr. sarjit singh learned counsel for the petitioner, however, contends .....

Commissioner of Wealth-tax Vs. Poonamchand D. Shah and Others

Court : Mumbai

Reported in : [1992]197ITR276(Bom)

..... and in the circumstances of the case, the appellate tribunal was justified in law in holding that the rectification made under section 35 of the wealth-tax act, 1957, consequent to the amendment of section 5(1)(viii) by the finance (no. 2) act, 1971, to include the value of jwellery was not an error apparent from the record for 1965-66 to ..... cannot be invoked to include jwellery or rs. 2,10,000 in a view of the retrospective amendment made in section 5(1)(viii) of the wealth-tax act, 1957, by the finance (no. 2) act, 1971 ?' 2. when these references were called out for hearing none was found to appear on behalf of the respondent assessee in each case. shri jetley ..... 1970-71 assessment years ?' wealth-tax reference no. 16 of 1977 : 'whether, on the facts and in the circumstances of the case, .....

Commissioner of Income-tax Vs. Mrs. Kamla S. Asrani

Court : Mumbai

Reported in : (1991)93CTR(Bom)36; [1991]189ITR359(Bom)

..... , with effect from april 1, 1970. the constitutional validity of this amendment whereby and situated, inter alia, within the jurisdiction of a municipality was excluded from ..... section 2(14) of the income-tax act, 1961. under section 2(14)(iii), a capital asset does not include, inter alia, agricultural land in india not being land situated in any area which is comprised within the jurisdiction of a municipality or a cantonment board, etc. this amendment to section 2(14) was introduced by the finance act, 1970 ..... of the law at it stood at the time when the tribunal decided the appeal.15. the explanation to section 2(1a) has been added with retrospective effect from april 1, 1970, by the finance act, 1989. as a result of this explanation, revenue derived from the transfer of agricultural land is not considered as .....

M.M. Marican Trust Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1991)37ITD174(Mad.)

..... and after considering the legal position on this point that the assessee is correctly assessed under section 21(4) of the wealth-tax act. sections 21(1) and (4) were amended by the finance (no. 2) act, 1980 with effect from 1-4-1980. before the said amendment section 21(1) stood as follows :- in the case of assets chargeable to tax under this ..... assessee should be made for each of the nine assessment years under consideration. we hold that only one common trust was created under the four deeds dated 15-7-1970, 15-12-1970, 23-2-1971 and 3-3-1971.16. the next question posed for consideration is the main question involved in these appeals, viz., whether the names of ..... leave to raise them were also filed along with additional grounds. it is contended that the properties conveyed to the trust under the four deeds dated 15-7-1970, 15-12-1970, 23-2-1971 and 3-3-1971 and beneficiaries under them were different. the wealth-tax officer under the circumstances had no authority to aggregate the values of .....

The Bank of India Officers' Association (South Zone), represented by I ...

Court : Chennai

Reported in : (1991)1MLJ119

..... -1986.3. the facts lie within a narrow campass. in exercise of its powers conferred under section 9 of the banking companies (acquisition and transfer of undertaking) act, 1970 (central act, 1970), hereinafter referred to as the 'act', the union of india, framed the nationalised banks (management and miscellaneous provisions) scheme, 1970, hereinafter referred to as the 'scheme'. clause 3(c) of the scheme provides for the ..... in w.m.p. no. 11860 of 1986.to issue a writ in the nature of mandamus directing the second respondent - union of india, represented by the secretary, ministry of finance, department of banking, new delhi to appoint after consultation with the reserve bank under clause 3(iii)(c) of the nationalised banks (management and miscellaneous provisions) scheme .....

Rajapalayam Mills Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1986)18ITD114(Mad.)

..... laws (amendment) act, 1970 regarding section 32 (1 a)-[1971] 79 itr (st.) 5.(2) the direct taxes (amendment) act, 1974 regarding section 32-[1974] 95 itr (st.) 153. (3) the finance act, 1975, regarding the proviso to section 32(1)(ii) - [1975] 99 itr (st.) 137. (4) the finance (no. 2) act, 1980, specifying a date with regard to section 32(1)(iia)-[ ..... -3-1970. the second was the insertion of clause (vi) in sub- section (1) of section 32 by section 3 of the direct taxes (amendment) act, 1974 giving additional depreciation on plant and machinery acquired after 31-5-1974. the third is the insertion of clause (iia) in sub- section (1) of section 32 by the finance (no. 2) act, 1980 ..... argued that apart from the specification of the periods, the taxation laws (amendment) act, 1970 and the finance (no. 2) act, 1980 also specified the dates on which they came into force, namely, 1-4-1971 and 1-4-1981 (by the finance act, 1980) and, therefore, they became prospective changes.35. it may be pointed out .....