Judgment Search Results Home > Cases Phrase: finance act 1995 chapter i preliminary Court: uk supreme court Page 1 of about 221 results (0.127 seconds)

P.v. Nidhish Vs. Kerala State Wakf Board

Court : Supreme Court of India

..... chapter i of the 1995 act deals with preliminaries like definitions, title, extent and commencement and application of this act. ..... and educational status of the muslim community of india (also known as sachar committee) in its report submitted to the prime minister on the 17th november, 2006 considered the aforementioned issue and suggested certain amendments to the act relating to women's representation, review of the composition of the central wakf council and the state wakf boards, a stringent and more effective approach to countering encroachments of waqf properties and other matters. ..... the prohibition contained in article 20(1) is that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence prohibits nor shall he be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. ..... repeated amendments to the 1954 act, having failed to provide effective answers to the questions that kept arising for consideration, the parliament had to bring a comprehensive legislation in the form of wakf act 1995 for better administration of wakfs and matters connected therewith or incidental thereto. ..... during the pendency of the suit, the wakf act, 1995, was amended, with effect from 01.11.2013. ..... chapter v, vi and vii regulate the registration of wakfs and maintenance of accounts thereof and the finances of the wakf board. .....

Ramesh Gobindram (Dead) Through Lrs.Vs. Sugra Humayun Mirza Wakf

Court : Supreme Court of India

..... chapter i of the 1995 act deals with preliminaries like definitions, title, extent and commencement and application of this act ..... at any time within a period of one year immediately preceding the commencement of this act, such an application may be entertained by tribunal within the period of one year from such commencement;provided further that where any such question has been heard and finally decided by a civil court in a suit instituted ..... decision of the question and the decision of the tribunal thereon shall be final: provided that -(a) in a case of the list of wakfs relating to any part of the state and published after the commencement of this act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and(b) in the case of the list of wakfs to any part of the state and published ..... the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on ..... chapter v, vi and vii regulate the registration of wakfs and maintenance of accounts thereof and the finances .....

Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

..... prior to the amendment by finance act, 2002, section 10(20) of the income-tax act, 1961 provided as under:chapter iiiincome which do not form part of total incomeincomes not included in total ..... learned counsel further submitted that the explanation/definition clause inserted by finance act, 2002 is exhaustive as it uses the expression 'means' as contradistinction from the expression ' ..... at the outset, it may be noted that prior to finance act, 2002, the said 1961 act did not contain the definition of the word 'local authority ..... word came to be defined for the first time by finance act, 2002 vide the said explanation/definition clause.27. ..... to learned counsel, since section 3(31) of the 1897 act is bodily incorporated into section 10(20) of the 1961 act, it follows that the judgments of various high courts earlier delivered prior to finance act, 2002 holding amc(s) to be a 'local authority', would continue to apply and the tests laid down in those judgments would continue to apply even after the said amendment to section 10(20) of the 1961 act. ..... this connection, learned counsel urged that vide finance act, 2002, parliament has bodily lifted the definition of the 'local authority' under section 3(31) of the general clauses act, 1897 ('1897 act', for short) and has incorporated the said definition vide explanation inserted in section 10(20) and consequently amc(s) is a 'local authority' and continues to be a local authority even after the said amendment to section 10(20) of the 1961 act. .....

Smt. Ujjam Bai Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : [1963]1SCR778; [1963]Supp2SCR778

..... v. the state of madras, : 1950crilj1514 in the very first year after the constitution came into force, this court rejected a preliminary objection raised against the competence of a petition filed under article 32 on the ground that as matter of orderly procedure the petitioner should first have resorted to the high court under article 226, and observed that ..... v. shrimati champakam dorairajan : [1951]2scr525 the same idea was more forcibly restated thus : 'the chapter of fundamental rights is sacrosanct and not liable to abridged by any legislative or executive act or order, except to the extent provided in the appropriate article in part ..... 226. in that case under the bombay labour welfare fund act, which authorised the constituting of a fund for financing labour welfare, notices were served upon the appellant company to remit the fines and unpaid accumulations in its custody to the welfare ..... . in the former, the reason given was : 'reference has next to be made to article 265 wich is in part xii, chapter i, dealing with 'finance ..... were relied on : 'reference has next to be made to article 265 which is in part xii, chapter i, dealing with 'finance'. ..... . the long title of that act shows that it was enacted to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among the stages in pursuance of the principles of distribution formulated and the recommendation made by the finance .....

Ujjam Bai. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Reported in : AIR1962SC1621; 1963(1)SCR778

..... if it does, then the person aggrieved has a right to approach this court by means of a petition under article 32 of the constitution.on the contrary, the contention of the respondents which is urged as a preliminary objection to the maintainability of the petition in that on the facts stated in the present petition no question of the enforcement of any fundamental right arises and the petition is not maintainable ..... .) the same idea was more forcibly restated thus :"the chapter of fundamental rights is sacrosanct and not liable to abridged by any legislative or executive act or order, except to the extent provided in the appropriate article in part ..... . in that case under the bombay labour welfare fund act, which authorised the constituting of a fund for financing labour welfare, notices were served upon the appellant company to remit the fines and unpaid accumulations in its custody to the welfare ..... in the former, the reason given was :"reference has next to be made to article 265 which is in part xii, chapter i, dealing with ..... were relied on :"reference has next to be made to article 265 which is in part xii, chapter i, dealing with "finance". ..... the long title of that act shows that it was enacted to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among the stages in pursuance of the principles of distribution formulated and the recommendation made by the finance commission .....

Hunt Vs. Mcnair

Court : US Supreme Court

..... by a stipulation of counsel in this court, the college subsequently secured a bank loan in the amount of $2,500.000 and now proposes the issuance of only $1,250,000 in revenue bonds under the act, the proceeds to be used: "(i) to repay in full the college's current fund for the balance (approximately $250,000) advanced to the college's plant fund as aforesaid; (ii) to refund outstanding ..... authority was a preliminary one, the details of the financing arrangement have not ..... the authority is also empowered, inter alia, to determine the location and character of any project financed under the act; to construct, maintain, manage, operate, lease as lessor or lessee, and regulate the same; to enter into contracts for the management and operation of such project; ..... while revenue bonds to be used in connection with a project are issued by the authority, the act is quite explicit that the bonds shall not be obligations of the state, directly or indirectly: "revenue bonds issued under the provisions of this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of ..... while a legislature's declaration of purpose may not always be a fair guide to its true intent, appellant makes no suggestion that the introductory paragraph of the act represents anything other than a good faith statement of purpose: "it is hereby declared that, for the benefit of the people of the state, the increase of .....

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... chapter i is preliminary in nature and section 2 defines ..... india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companie (special provisions) act, 1985 and the small industries development bank of india ..... otherwise provided in sub-section (2), the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument have effect by virtue of any law other than this act (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of ..... provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 and the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989. .....

Corporation of Calcutta and anr. Vs. Liberty Cinema

Court : Supreme Court of India

Reported in : AIR1965SC1107; [1965]2SCR477

..... affecting territories now part of the dominion, pointing out that in this legislation there are to be found numerous provisions relating to the curing and marketing of fish, and he urges that the british north america act, 1867, must be construed in the light of the earlier legislation, and that the word 'fisheries' must be given such a meaning as is wide enough to include at any rate the operations affected by the ..... in the budget estimates the corporation shall among other things (a)make adequate and suitable provisions for such services as may be required for the fulfilment of the several duties imposed by this act, (aa) make adequate provisions for depreciation of machinery belonging to the corporation, as far as may be possible, (b)provide for the payment as they fall due of all instalments of the principal and interest for which ..... entry 5 was to be understood in the light of the legislative practice which prevailed prior to the constitution and he placed before us the report of the local finance enquiry committee published in 1951 in which the history of taxation powers exercised by municipal and other authorities from early times has been traced. ..... but the regulation of an activity for carrying on a business in certain premises and which are dealt with in chapter xxvi of the act--"inspection and regulation of premises, and of factories" cannot be equated with the subject-matter of a tax on land and buildings which are specifically ..... occurs is preliminary and does not .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... , the division is as follows: chapter i preliminary chapter ii registration of real estate projects and registration of 14 part d real estate agents chapter iii functions and duties of promoters chapter iv rights and duties of allottees chapter v the real estate regulatory authority chapter vi central advisory council chapter vi the real estate appellate tribunal chapter vii offences, penalties and adjudication chapter ix finance, accounts, audits and reports chapter x miscellaneous (iv) rera mandates the registration ..... part g management and transfer) act, 1963 karnataka ownership flat (regulation of the 29.06.1973 promotion of construction, sale, management and transfer) act, 1972 gujarat ownership flats act, 1973 28.06.1973 andhra pradesh apartments (promotion of 15.05.1987 construction and ownership) act, 1987 west bengal (regulation of promotion of 09.03.1994 construction and transfer by promoters) act, 1993 punjab apartment and property regulation 02.08.1995 act, 1995 the above state laws covered certain ..... estate agent; (b) creation of a single window system for ensuring time bound project approvals and clearances for timely completion of the project; (c) creation of a transparent and robust grievance redressal mechanism against acts of ommission and commission of competent authorities and their officials; (d) measures to encourage investment in the real estate sector including measures to increase financial assistance to affordable housing segment; (e) measures to encourage .....

State of Rajasthan and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1

..... law' (terms denoting different shades of culpability and types of excess of power), can arise on the allegations of threatened action in the cases before us, which really amount only to this; the union government proposes to act under article 356 of the constitution to give electors in the various states a fresh chance of showing whether they continue to have confidence in the state governments concerned and their policies despite the evidence to the contrary ..... ministers in tendering their advice to the president cannot be inquired into by the courts, we expect the central government in taking momentous decisions having far reaching consequences on the working of the constitution, to act with great care and circumspection and with some amount of objectivity so as to consider the pros and cons and the various shades and features of the problems before them in a cool and collected manner. ..... nature of the claim by the plaintiffs, if may now be germane to examine the preliminary objections taken by the defendant to the maintainability of the suits by the plaintiffs as also ..... it seems to me that if 'aspirations and hopes of the people', 'the noble and grand vision found in the preamble' and the chapter on 'directive principles of state policy' are to be taken into account in deciding whether the provisions of the constitution are being carried out by a particular government or not, the scope of interference under article ..... birch (see: federalism, finance and social legislation in canada, .....