Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: delhi Page 26 of about 2,077 results (0.167 seconds)

Cellular Operators Association of India and ors. Vs. Municipal Corpora ...

Court : Delhi

..... learned asg as an afterthought. it is contended that there are no residuary functions of the mcd other than those prescribed in sections 41 to 43 under chapter iii of the dmc act and there is no allegation of the installation of towers being per se offensive as is the case with liquor and cigarettes. it is contended that telecommunications ..... absence of the power to frame bye-laws extending to making bye-laws to recover fee for parking or levy any tax in that regard, mcd to augment its finances could not have levied such parking fee and quashing the same (i may however add that the intra court appeal against the said judgment is pending before the division ..... required under the licences - merely because a high fee is charged, would not lead to fewer towers. (ix) the judgment in mohinder singh gill v. chief election commissioner (1978) 1 scc 405 is cited to contend that the impugned order cannot be justified for reasons not considered at the time of making of the order. (x) the argument of .....

The State of Andhra Pradesh Vs. New Delhi Municipal Committee

Court : Delhi

Reported in : AIR1975Delhi223; ILR1975Delhi84

..... governing grants-in-aid of revenues of the states out of the consolidated fund of india are matters which have to be decided by a happy powered finance commission which is a responsible body designated to determine those matters in an objective way. it cannot, thereforee, be justly contended that the construction of ..... of parliament to make laws with respect to residuary matters, that is, matters not enumerated in any of the two lists -the concurrent and the state.11. chapter i further provides for exceptions to the general rule of demarcation of legislative powers provided in clauses (1). (2) and (3) of article 246 and article ..... which is the constitutional lexicon incorporated in the constitution itself. article 367 of the constitution, however, provides that, unless the context otherwise provides, the general clauses act, 1897 shall subject ito any adaptations and modifications that may be made therein under article 372 apply for the interpretation of this constitution' as it applies for .....

Delhi Abhibhavak Mahasangh and ors. Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

..... its own inputs and outputs; and is thus analyzed in terms of the basic economic tools like the laws of return, principle of equimarginal utility and the public finance. guided by these principles, the state is supposed to invest in education upto a point where the socio-economic returns to education equal to those from other state ..... of education, and therefore, need to be given free hand, as the main source can only be the funds collected from students which is the concept of self-financing education institution, and cost based educational institution. (ii) at the same time, it is also to be borne in mind that under the garb of increasing fee, ..... under article 30 of the constitution of india. their arguments were that article 30 includes a right of administration and as per chapter xi of delhi education rules, 1973 and other provisions of the 1973 act, the notification dated 11.02.2009 cannot be slapped/imposed on the minority unaided recognized schools, as it amounts to interference in .....

Lajpat Rai Sehgal and Others Vs. the State

Court : Delhi

Reported in : 1983CriLJ888; 1983(1)Crimes737; 23(1983)DLT314; 2003(5)DRJ1

..... year; so both under section 468(2)(b), criminal procedure code as also under section 7(b) of the act, the period of limitation is the same, despite the fact, that chapter xxxvi dealing with limitation was only introduced in the criminal procedure code by the criminal procedure code (amendment) act, 1978 (act 45 of 1978). 16. it is also pertinent to notice the provisions of section 4(2) of the code ..... 'social mission of food laws should inform the interpretative process so that the legal blow may fall on every adulterated.' 47. in union of india v. jyoti chit fund and finance : (1976)iillj69sc once again. krishna iyer, j. speaking for the court has observed that 'where issues of public concern are involved and a public authority vitally interested in the correct .....

J.K. Industries Ltd. Vs. M.M. Lal

Court : Delhi

Reported in : 20(1981)DLT176

..... suitable accomodation for the residence of its executive director became available. the petition was tried under the summary procedure contained in chapter iii-a of the act. the petitioner filed an application for leave to contest the eviction application. the additional controller finding that the affidavit seeking leave to contest did not ..... the rent or with a view to re-let at higher rent. this plea appears to be an afterthought. the respondent sent a letter dated november 22, 1978 stating that he has retired and he needed premises for his occupation and requested the petitioner to vacate the same. the petitioner in reply dated january 4, 1979 ..... there is not enough accomodation and the owners of d-35 want more accomodation for themselves. the respondent pleads that he sent a letter dated november 28, 1978 to the petitioner company requiring it to vacate and the company vide letter dated january 1, 1979 informed that it would vacate the same as soon as another .....

S.K. Arora Vs. S.L. Sarna

Court : Delhi

Reported in : AIR1982Delhi205; 20(1981)DLT480

..... to be dealt with by the controller for deciding the application for leave to contest is not mentioned. but the clue to it can be gathered from the heading of chapter-111 a, namely 'summary trial of certain applications'. (28) mr. bhasin, learned counsel for the tenant, wanted that the controller should merely look at the application ..... or reuniting the family. it is purely a question of the requirement of the landlord. (46) decision of sachar, j. in smt. krishna devi v. smt. parmeshwari devi, 1978 (1) r.c.r. 3 (supra) also supports my aforesaid view. sachar, j. observed 'where landlady wanted the premises so that her married daughter and her family should ..... a 'bonafide requirment for himself.'' (10) the summons being served on the petitioner-tenant in the prescribed form, he made an application under section 25-b of the act for seeking leave to contest the petition. the application was accompanied by an affidavit of the tenant-petitioner dated 25th february, 1980. (11) in his affidavit the .....

i.T.C. Limited Vs. Superintendent of Central Excise and Others

Court : Delhi

Reported in : 1983(12)ELT281(Del)

..... apply and that the aggrieved party is entitled to claim refund without reference to the time limit prescribed in section 40. in section 40 of the sea customs act, 1978, a time limit of three months has been prescribed for claiming refund of the excise duty paid by a party. the supreme court construing that provision pointed out ..... the petitioners during the period september 1, 1970 of february 28, 1973 were as aforesaid. during the aforesaid period, the petitioners followed the self removal procedure laid down by chapter vii-a of the central excise rules (for short called the rules). 3. during the period september 1, 1970 to february 28, 1973, the petitioners contend that they ..... 6. in 'prem raj and ganpatraj & company (p) ltd. v. assistant collector of customs', : (1977)2mlj302 and the judgment of the division bench in appeal reported in 1978 t l r 1976 and 'durga shankar industries vijayawada v. government of india and others', 1979 e.l.t. j 277, the view taken is that the levy of import .....

insurance Company Limited Vs. Vimal Rai and ors.

Court : Delhi

Reported in : AIR1973Delhi115; [1974]44CompCas316(Delhi); 1972RLR91

..... vehicle in public place unless there is in force, in relation to that vehicle by that person, a policy of insurance complying with the requirements of chapter viii of the act. section 95 provides that a policy of insurance must be a policy which insures the person or classes of person specified in the policy against any liability ..... third edition, vol. 33, paragraph 760 page 447, joblin vs. watkins and roseoeare (motors) limited (1949) 1 all elr 47 and central newbury car auctions, limited vs. unity finance, limited, and another (mercury) (1956) 3 all el 905. the judicial committee of the privy council in sajan singh vs. sardara ali, 1960 appeal cases 167, observed on ..... bede shipping company, limited, it was held that a steam ship was goods within the meaning of the sale of goods act. equally so was a motor car held to be a movable property in bishopsgate motor finance corporation limited vs. transport brakes limited, (1948) i all elr 408, in our opinion, the provisions of law applicable to .....

JaIn Shudh Vanaspati Ltd., Etc. Vs. Union of India and ors.

Court : Delhi

Reported in : 1980CENCUS570D; 1982(10)ELT43(Del); ILR1981Delhi222

..... also promote sales because of their attractive appearance.'asimilar question arose for consideration by a bench of this court under section 5(2) (a) (ii) of the bengal finance (sales tax) act, 1941, in (m/s. palam potteries v. commissioner of sales tax lpa no. 82 of 1975 decided on may 9, 1979) (1). the specific question was ..... of no assistance to the respondents, the said decision was rendered of interpretation of section 89 of the sea customs act, 1978. section 89 of the sea customs act is different from section 47 of the customs act, 1962, in material particulars. so also the sea customs act did not contain any provision of revision similar to section 130 of the customs ..... import trade control public notice no. 64 itc (p&b;)/78 issued by ministry of commerce, civil supplies e and cooperation, govt. of india on september 2, 1978. bills of entry for the total quantity of palm oil were duly presented to the authorities after the ship entered bombay port. the oil in question was contained in .....

B.M. Chanana Vs. Union of India and ors.

Court : Delhi

Reported in : 40(1990)DLT113; 1990(18)DRJ55; 1990RLR68

..... 14-d is ineffective. we are unable to.agree with this contention. section 25-a provides that the provisions of the chapter are to apply notwithstandiog'anything inconsistent there- with contained elsewhere in the act or any other law for the time being in force, thereforee, once the provisions of section 25-b are made applicable ..... 14-b, 14-c and 14-d the legislature have also added section 14-a to section 19, in smt. maneka gandhi v. union of india & another', : [1978]2scr621 principles of natural justice were read into an enactment. another case which is more apposite is stale bank of travancore v. mohd. mohammed khan ', : [1982]1scr338 . ..... full meaning and effect to the intention of the legislature. in this connection reference may .usefully be made to bangalore water supply v. -4. rajappa ' air 1978 sc 549 where the supreme court quoted with approval the following observations of lord denning :'the english language is not an instrument of mathematical precision. our literature would .....