Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Sorted by: recent Court: jammu and kashmir Page 13 of about 128 results (0.087 seconds)

State of J. and K. and ors. Vs. Altaf Ahmed and anr.

Court : Jammu and Kashmir

..... 23, 1974. an appeal was filed against the decree by the state which was dismissed on may 31, 1985 for its failure to object to award under sections 30/33 of the act.4. respondent who are the l.rs of, partners of eastern forest company, other than haji abdul aziz and abdul rashid, remained on the fence watching the ..... which such discretion has been conferred. in all such cases and in any other fit and proper case, a high court can, in the exercise of the jurisdiction under section 226, issue a writ of mandamus or pass orders and give discretion to compel the performance in a proper and lawful manner of the discretion conferred upon the govt. ..... recovery proceedings by resort to a roving inquiry and examination of the validity of the award which could be challenged in time, through the mechanism provided in the arbitration act. the writ jurisdiction is after all an equitable and discretionary jurisdiction. it is not liable to be exercised in favour of those whose conduct leaves', much to be .....

Northern Sanitation Vs. Hotel Corporation of India

Court : Jammu and Kashmir

..... made by it; e)-- that the arbitrator conducted misconduct in entertaining fresh claims from the opposite party which had not been raised in the petition under section 20, arbitration act; f)-- that the arbitrator committed legal misconduct in having given a lump sum award keeping in view the fact that most of the claims submitted by ..... the facts of the present case. in that case a specific objection was taken by the state while opposing the application of the contractor filed under section 20, arbitration act that the contractor was not entitled to extra costs for material and labour in terms of the contract and the court had directed that the matter had ..... desai, chartered engineer, e.e.m.e., fiv-62 sunder nagar, new delhi and shri t.k. saran retired adviser (construction) bureau of public enterprises, ministry of finance, government of india, as arbhrators, out of the names of arbitrators furnished by both the parties, who were directed to enter upon the reference and submit their award. .....

Rakesh Kumar and ors. Vs. J. and K. State Board of School Education an ...

Court : Jammu and Kashmir

Reported in : AIR1992J& K22

..... mass-copying had at all taken place.18. the board has been given the powers to make regulations under section 33 of the act but under section 34 of the act it has been provided that the first regulations shall be made by the government and that they shall be ..... examinations;(b) the finance committee;(c) the recognition committee:(d) the academic committee; and(e) the development and research committee.' the powers and functions of the committees constituted under section 24 have been specified and prescribed in section 25 of the act and, for our purposes, clause (c) of section 25 alone is relevant ..... section 24 of the act provides for the appointment and constitution of the committee, but as observed above unfair means committee is not one of the committees mentioned in this section. for ready reference section 24 is reproduced as under:--'24. appointment and constitution of committees.--(1) the board shall appoint the following committees, namely:-- (a) a recognition committee;(b) a finance .....

Abdul Ahad Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : 1992ACJ28

..... his own witness in support of his case.8. in rebuttal the defendants have produced ashok kumar gupta, junior engineer, s.s. sambyal, executive engineer and kuldeep uppal, section officer.9. the plaintiff has also produced the discharge slip of district hospital, poonch, exh. a, mark b, besides copy of the f.i.r.10. kamal ..... and the fact that the rupee has considerably gone down in value'. parliament has given legislative recognition to this phenomenon when it amended the land acquisition act, 1894, by act 69 of 1984. in the statement of objects and reasons for the amendment the depletion of the rupee value is mentioned as one of the reasons ..... defendants or voluntarily. it is not disputed that the electric pole was installed by the employees of the defendant state employed and bound by the provisions of electricity act, rules made and the orders issued thereunder. the law casts a duty upon the electricity department of the defendant state to properly maintain the electric installation and .....

Northern Sanitation Vs. Hotel Corporation of India

Court : Jammu and Kashmir

Reported in : AIR1990J& K49

..... or legal misconduct in relation to the arbitrator's conduct or the proceedings making out a ground for setting aside the award under clause (a) of section 30 of the arb. act. the term has to be interpreted in a wider sense including the legal misconduct which means some palpably erroneous though honest decision particularly when it causes ..... conscious', the award would be liable to be set aside on the ground of legal misconduct attributable to the arbitrators. while making a reference under section 20 of the arb. act, the court is not under an obligation to specify the matter in difference between the parties and it would be sufficient if reference is made to ..... fiv, 62, sunder nagar, new delhi as the named arbitrator of the petitioner and sh. t.k. saran, retd. advisor (constn), bereau of public enterprises, ministry of finance, government of india at present residing at flat no. ill, dda, sfs, hauz khas, new delhi as the named arbitrator on behalf of the respondents. the disputes between the .....

K.C. Vanaspati Vs. Assessing Authority and anr.

Court : Jammu and Kashmir

Reported in : [1989]74STC349(NULL)

..... .34. s.r.o. 448 of 1982 was issued on 22nd october, 1982 by the finance department in exercise of the powers conferred by sub-section (7) of section 4 of the act. it amended s.r.o. 195 of 1978 dated 31st march, 1978 and the point of levy of sales tax was altered from the first point to the second ..... circumventing the effect of the stay order granted by this court in the writ petition filed by the petitioner earlier; and, fourthly, that the provisions of section 4(7) of the act under which the notification has been issued were violative of article 14 of the constitution of india and, therefore, unconstitutional.33. according to the learned advocate- ..... 10th august, 1981 that no exemption was available to it under the above orders, it not only went ahead with the production, without applying for exemption under section 5 of the act, but also started collecting sales tax on the products from the consumers. furthermore, according to the learned advocate-general, even though no writ could be issued .....

Pine Chemicals Vs. Assessing Authority and ors.

Court : Jammu and Kashmir

Reported in : [1989]73STC101(NULL)

..... notification has already been issued under sro no. 267 dated 15th may, 1978 amending the sales tax act under section 5 and as per sro no. 235 dated 27th april, 1978 under section 8 of the central sales tax act. similar notification have to be issued by the finance department for medium and large scale units as our unit comes under ..... the liability to pay sales tax. even otherwise, the petitioner-company having more than once admitted that in the absence of a notification issued by the finance department under section 5, exemption from charging sales tax was not available to it, the legal presumption would be that sales tax has been so charged and the 1st ..... necessary exemption under the sales tax rules.11. this means that the petitioner knew that issuance of notification under section 5 of the act is a condition precedent for obtaining exemption and also that it was the finance department alone which was competent to do so. this admittedly was its understanding even much after the unit had .....

Ali Mohd. Wazir and Etc. Vs. State of J. and K.

Court : Jammu and Kashmir

Reported in : 1989CriLJ493

..... the detention order. if the detention is challenged on the basis of grounds being non-existent, irrelevant, vague, stale, outside the scope of provisions of section 8 of the public safety act, or on the ground of mala fides of detaining authority or any other like ground, the high court will not suspend the execution of the order of ..... our consideration is whether bail in anticipation of detention to a detenu who is detained under the provisions of public safety act with a view to prevent him from indulging in activities specified in section 8 of the public safely act can be granted in a writ jurisdiction.3. mr. s. t. hussain has drawn our attention to the ..... laws relating to detention are saved by the constitution, a person can be detained to prevent him from acting in a manner which is specified in section 8 of the act. the detention is not ordered under the provisions of public safety act for any punitive purpose nor is a citizen detained for having committed an offence. the provision of .....

Krishan Chand Girdhari Lal and Co. Vs. Commissioner of Income-tax and ...

Court : Jammu and Kashmir

..... for the quashing of that order, the petitioner pressed into service the order passed by the central board of direct taxes, ministry of finance, government of india, under the provisions of section 119 of the act issued on january 17, 1974, the gist of which is as follows :' you should file fresh revision petitions for the assessment years ..... impugned. learned counsel was unable to point out any such thing requiring interference in the jurisdiction exercised by the commissioner or the income-tax officer under section 264 of the act. secondly, the petitioner clubbed together in the same writ petition the different orders passed for the assessment years 1958-59, 1959-60 and 1960-61, ..... 1958-59, passed on august 20, 1962 and the order passed on november 30, 1963, pertains to the year 1959-60, under the similar sub-section of the 1922 act. the commissioner has, while disposing of the revision against the two orders separately, taken into account the argument advanced and has taken care of the .....

Krishan Chand Girdhari Lal and Co. Vs. Commissioner of Income-tax, Amr ...

Court : Jammu and Kashmir

Reported in : (1988)69CTR(J& K)33,[1988]171ITR498(J& K),[1988]39TAXMAN35(NULL)

..... for the quashing of that order, the petitioner pressed into service the order passed by the central board of direct taxes, ministry of finance, government of india, under the provisions of section 119 of the act issued on january 17, 1974, the gist of which is as follows :'you should file fresh revision petitions for the assessment years ..... impugned. learned counsel was unable to point out any such thing requiring interference in the jurisdiction exercised by the commissioner or the income-tax officer under section 264 of the act. secondly, the petitioner clubbed together in the same writ petition the different orders passed for the assessment years 1958-59, 1959-60 and 1960-61, ..... dismissed and does not require any interference in the writ jurisdiction.great stress is laid by learned counsel for the petitioner on the provisions of section 264 of the act which lays down the parameters within which the commissioner of income-tax is empowered to function so as to revise an order passed by any .....