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Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Sorted by: recent Court: jammu and kashmir Page 11 of about 128 results (0.141 seconds)

Aug 23 1999 (HC)

Mehta Food Pvt. Ltd. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

..... may 25, 1984. for facility of reference, these notifications are being reproduced below :'sro no. 348 : in exercise of the powers conferred by sub-section (1) of section 3 of the levy of tolls act samvat 1995 (viii of 1995) and in supersession of notification sro no. 341 dated august 19, 1982, the government hereby direct that additional toll tax shall ..... limits. they came to be known as 'town duties'. these were collected not only on 'imports' but also on 'exports' see beuhler : public finance (3rd edn.) p. 426. grice in his national and local finance, p. 303 says that they were known as 'ingate tolls' because they were collected at toll gates or barriers. normally, they were levied on ..... sro no. 258, exemption was granted from the levy of tolls. this notification was issued on april 29, 1976. this was to remain in force up to june 21, 1978. there is another notification dated august 11, 1977. this is sro no. 484. in this exemption was available for a period of ten years from the date, the .....

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Aug 18 1999 (HC)

Commissioner of Income Tax Vs. Yashpal Garg and Co.

Court : Jammu and Kashmir

Reported in : [2000]110TAXMAN251(NULL)

..... accounting year, was not entitled to claim any deduction for it. this was not intended by section 43b. to obviate this kind of unexpected outcome of section 43b, the first proviso was added in section 43b by the finance act, 1987. the proviso makes it clear that the section will not apply in relation to any sum which is actually paid by the assessee in the ..... employed by him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him : . . .'4. section 43b, as noticed above, was brought on the statute book by the finance act, 1983. this became effective from 1-4-1984. therefore, this section would be applicable so far as two assessment years are concerned.5 .....

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Jul 20 1999 (HC)

Mohammad Maqbool Hakim and ors. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : 2000CriLJ645

..... cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made against the petitioners; nor can we in exercise of this jurisdiction interpret sections invoked against the petitioners minutely and with fineness, since it is too premature a stage for this court to examine the niceties of the matter; nor can we, ..... the accusation made and cases where there is legal evidence which on its appreciation may or may not support the accusation in question. in exercising its jurisdiction under section 561-a the high court would not embark upon an enquiry as to whether the evidence in question is reliable or not. that is the function of the ..... satisfied that on the basis of evidence on record, a prima facie case is made out against the accused under section 5(2), prevention of corruption act, 2006, 465/466/467/468/420/471/ 477-a ranbir penal code read with section 120-b, ranbir penal code (rfc).7. shri r. a. jan, learned counsel for the petitioners, heavily .....

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Jun 04 1999 (HC)

Abdul Rahim Bhat Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Reported in : (2000)IILLJ1070J& K

..... not conceivable, yet the source of power is required to be traced out which in my opinion flows from the section 16 of the general clauses act, 1977 (for short act of 1977) which reads as:' 16/ ..... where, by any act or regulation a power to make any appointment is conferred, then, unless a different intention appears, the authority ..... in the order of delegation of powers under reference are plain and unambiguous and plainly convey the intention of the maker. that apart, section (11) of the j. and k. khadi and village industries board act, 1985 and rule 11 of the j. and k. khadi and village industries board rules, 1968 envisage the powers of the ..... contains the functions of the board to be prescribed by the government. section 16 describes powers of the board to be entrusted by the government. section 20 makes it obligatory upon the board to obtain the sanction of the programmes by the government. likewise in respect of finance, accounts, audit and reports, it is under the control of the .....

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Jun 04 1999 (HC)

Mohammad Ashraf Gilkar Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR2000J& K30

..... or favouritism. the court indicated that there are inherent limitations in exercise of that power of judicial review. in that the government being the guardian of the finances of the state, is expected to protect its financial interests. the right to refuse the lowest or any other tender is always available to the government which ..... finds mention in the objections. this is beyond the ambit and scope of this writ petition, as the petitioner has not invoked the jurisdiction to question the act of his being black-listed. true under the rules applicable, a contractor can be black-listed only after certain procedural formalities are fulfilled, yet here, in ..... of the petitioner.14. there can be no dispute with the proposition that extraordinary jurisdiction under article 226 is invocable where the government or its functionaries act unfairly, even in contractual matters. the courts have to see whether in the facts and circumstances of a particular case it could justifiably be stated that the .....

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May 20 1999 (HC)

University of Jammu and ors. Vs. Brinder Nath and ors.

Court : Jammu and Kashmir

Reported in : AIR2000J& K93

..... calcutta.22. the opinions expressed by the national commission and state commission are based on sound reasoning. even otherwise on the plain reading of the sub-sections of the act of 1987 quoted above it can be said that the function of conducting examination evaluating answer papers, publishing results etc. etc. is not covered by the ..... any services.(o) 'service' means service of any description which is made available to potential users and includes the provision of facilities in connection with banking financing insurance transport, processing, supply of electrical or other energy board or lodging or both entertainment amusement or the purveying a news or other information under a contract ..... the proceedings so initiated would not be in conformity with law. this aspect of the matter was directly considered by this court in the case reported as 1978 (noc) 114 (sic).this was a litigation preferred by the university. this was not initialed in the name of the university. it was held that .....

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Apr 28 1999 (HC)

Roop Chand Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR2000J& K43

..... fallen trees or fell and remove diseased or dry standing timber, and that only from areas other than those notified under the jammu and kashmir wild life protection act, 1978 or any other law banning such felling or removal of trees.' thus under this direction the removal of fallen trees has not been banned but the transportation of ..... supreme court judgment. the above facts make it necessary for us to outline the salient features which a judgment must have. the term judgment hasbeen defined in sub-section (9) of section 2 of code of civil procedure (hereinafter referred to as the code) which reads as under :-- 'judgment means the statement given by the judge of the ..... in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include :-- (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default .....

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Apr 06 1999 (HC)

Sheikh Abdul Hafiz Vs. the State and ors.

Court : Jammu and Kashmir

Reported in : 1999CriLJ4518

..... be thus found with the mode through which the government has accorded the sanction for the prosecution of the alleged offenders.10. under section 6 of the prevention of corruption act the authority competent to accord sanction for prosecution is the one which is competent to remove the public servant from office. the argument ..... which has been issued through the general administration department. the petitioner claims that the sanction is ex facie without jurisdiction as he being the employee of finance department, the sanction ought to have been issued through that department and not through the general administration department. it is on this plea that writ ..... conspiracy to commit the offences, prosecution wherefor is sought under the impugned sanction. yet again it is argued that the petitioner being an employee of the finance department the sanction for prosecution in his case could have been issued by the administrative head of that department and not by the government, through its .....

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Dec 30 1997 (HC)

Capt. Vatsa Vs. Miss. Namrata Vatsa and anr.

Court : Jammu and Kashmir

Reported in : AIR1998J& K70

..... the abovesaid rulings no disability is attached for such because the payment of the pension stands made to the pensioner-petitioner and he cannot claim the benefit of section 11 of the pensions act. the petitioner otherwise is debarred to challenge the order dated 26-8-1996 after a lapse of seven months because this petition was filed on 19-3- ..... not been received by the pensioner, it ceases to be pension after the amountis paid to the pensioner. in the case of union of india v. jyoti chit fund & finance (supra) it has been held that so long as the amounts are provident fund dues, pensions and other compulsory deposits then, till they are actually paid to the government servant ..... from it. in support of his contention he has cited the case of hassonmal sangumal v. diaromal laloomal, air 1942 sind 19 and union of india v. jyoti chit fund & finance, air 1976 sc 1163 : 1976 lab ic 773. 6. in the case of hassonmal sangumal (supra) it has been held that the words, ''money due or to become due' .....

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Dec 22 1997 (HC)

Gian Chand Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1998J& K60

..... the 'streets' thereby creating nuisance for the public. in a situation like this, it is necessary for the committee to step in and exercise its powers under section 17(4) of the act. the committee exercises regulatory control and is responsible for the repair and upkeep of the 'public street'. the verandah in dispute is a 'street'. it has ..... municipality to let out portions of a public highway for putting up stalls for carrying on business this could not be done by framing any bye-laws. section 129 of the act which provides for framing bye-laws does not contain any clause specifically empowering the municipality to frame bye-laws about letting out parts of public highways of ..... ed 27 : 348 us 26, expressed a view that the concept of the public welfare is broad and inclusive. the same court in village of belle terre v. bruce borass, (1978) 39 law ed 2d 797 : 416 us 1 and again in agins v. city of tiburaon, (1980) 447 (us) 255, expressed similar views. the regulations which prohibited .....

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