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Lala Ram Das Vs. Nawab Ata Husain

Court : Allahabad

Reported in : AIR1941All397

..... sub-section (4) it is stated that:'sayar' includes whatever is to be paid or delivered to a landholder by a lessee or licensee on account of the right of gathering produce, forest rights, fisheries, tanks not used for agricultural purposes, the use of water for irrigation, whether from natural or artificial sources, or the like.5. ..... 'sayar' has been defined in the tenancy act by the method of giving the scope of the term, and on an examination of the scope of the term it seems that it is limited in the main to income from the things which can be obtained as it were by growth from the land, as for example the right of gathering produce, or forest rights, which means rights of some kind with reference to timber or grazing, and fisheries, which clearly means the right to take ..... is a second appeal in a suit for profits under section 226, agra tenancy act, by one of the cosharers against the lambardar. ..... sub-section (2) of section 3, tenancy act, provides that:land means land which is let or held for agricultural purposes, or as grove-land or for ..... was raised and the learned district judge of cawnpore held that income of the nature under consideration was more akin to income derived from the matters set out in sub-section (4) of section 3, agra tenancy act, 3 of 1926, i.e. ..... right of the plaintiff in respect of the land which he holds for the purpose of brick kiln in the present case is akin to the rights described under the head of 'sayar' in sub-section (4) of section 3, agra tenancy act. .....

Jayalakshmi Talkies Vs. the Assistant Commercial Tax Officer, Chirala

Court : Andhra Pradesh

Reported in : AIR1982AP174

..... 4-a is in the following terms :-'the population referred to in this act is the population according to the last official census, the figures of which have been published. ..... 4-a of the andhra pradesh entertainment tax act (referred to in this judgment as the act) is involved in these cases. ..... 4-a of the act, the population referred to in the act, is the population according to the last official census, the figures of which have been published. ..... 5 (1) of the act has no application and he was not entitled to opt for an agreement to compound the tax. ..... 4, 4-a, 4-aa of the act etc. ..... 4-c of the act, in case of entertainments held within the jurisdiction of a local authority whose population does not exceed 25,000 the tax for every entertainment show is calculated at certain rates specified therein. s. ..... 4 of the act, it is provided that on each payment for admission to any entertainment, there shall be levied and paid to the state government , a tax referred to as the entertainments tax calculated at certain rates. s. ..... 5 of the act. ..... 4-a of the act. ..... 4a of the act.5. .....

Colgate Palmolive India (P) Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : [1980]50CompCas456(Delhi); ILR1981Delhi249

..... this would in practical effect be an impossibility with the result that the very vital product vitamin c which is separtely identifiable and used for separate purpose, the manufacturer of 'it could not be proceeded under the act on the specious plea that it was not monopolistic in the production of all the vitamins- this would show how unnatural, against the economy and practical reality it is to urge that the classification rules apply ..... is the central government under a legal obligation to give a hearing to the undertaking before making a reference under sub-section (1) of section 31 of the monopolies and restrictive trade practices act (to be called the act) to the monopolies and restrictive trade practices commission (to be called the commission) for an enquiry and report is one of the main questions that calls for decision in these three writ ..... or not- it is true that the lacuna arising out of non-publication of data and figures which create uncertainty and makes the working of the act more difficult was noticed by the high powered expert committee in its report in para 19.7 where it stated, 'we strongly recommend that the government should make necessary arrangements in ..... support the reference ; though we hold that it is not necessary for the central government to have given any hearing to the petitioner before making an order of reference under section 31(1) of the act it does not mean that the order can be passed on any whimsical ground and will be immune from challenge. .....

Manipur Pradesh Congress Committee and ors. Vs. Union of India (Uoi) a ...

Court : Guwahati

..... of 1971 census to single member territorial constituencies and delimit them on the basis of the census figures as ascertained, at the census held in the year (2001), having regard to the provisions of the constitution, the provisions of the acts specified in section 8 and also to the following provisions, namely:(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication ..... the general public about the abnormal growth of population in the said 9(nine) sub-divisions of the 3(three) hill districts as per provisional report of census 2001, some non government organizations, specially one lawyers, guild, as an act of social service, for the cause and welfare of the people of manipur made hectic enquires and investigation and ultimately came across certain abnonnal, miraculous and improbable, impossible rate of population growth in the said ..... -the commission shall, having regard to the provisions of articles 81,170,330 and 332 and also, in relation to the union territories, except national capital territory of delhi, sections 3 and 39 of the government of union territories act, 1963 (20 of 1963) and in relation to the national capital territory of delhi sub-clause (b) of clause (2) of article 239 aa, by order, determine--(a) on the basis of the census figures as ascertained at the census held in the year 1971 and subject to .....

Indian Organic Chemicals Ltd. Vs. Chemtex Fibres Inc.

Court : Mumbai

Reported in : (1981)83BOMLR406; 1982MhLJ698

..... seervai, that the very minister of revenue whose conduct was being impugned in the writ petition chose to< introduce in the state legislature the amendment act of 1974 ostensibly to meet the enhanced cost of civil justice, but in reality according to counsel to obstruct judicial scrutiny of the actions of his department and of his own.11. ..... 1m the first instance it has been averred in the affidavits and urged at the bar strenuously, particularly at the final stages of arguments that the impugned act constitutes a mala fide piece of legislation and that the legislature was 'inveigled' into passing this enactment for collateral purpose and out of motives which cannot be accepted as bona fide. ..... this court is not really called upon to go into the figures annexed to the various affidavits and to decide whether in august 1974 at or before the time of introduction of the said bill which fructified into the impugned act, the state of maharashtra had satisfied itself that enhancement in the levy of court-fees had become necessary by reason of increased cost of administration of justice. ..... ultimately it is found that the division bench was considering the levy as existed under the madras court-fees and suits valuation act, 1955, which had totally given up the slab system and the tapering scale on the slab earlier in vogue and imposed uniform levy of 7 1/2 per cent ad valorem on the subject-matter of the claim without any .....

Karnataka State Road Transport Corporation Vs. Reny Mammen

Court : Karnataka

Reported in : 1991ACJ403; ILR1990KAR3181

..... given case, theclaimant failed to furnish the registration number ofanother vehicle involved in the accident, and the namesof owner and insurer of such vehicle in the applicationmade under section 110-a of the act and he furnishes,or he is called upon by the tribunal to furnish thoseparticulars subsequently and by that time six months'time for filing the claim petition under section 110is over, is it open ..... in the accident and the names of the owners and insurers of all the vehicles;(3) that under sections 110, 110a read with section 110-b and 110-f of the act the tribunal has exclusive jurisdiction to decide all questions including the proportion of negligence of the drivers and apportionment of compensation payable by each of the owners and does not ..... follows that, in a motor accident resulting from rash and negligent driving of more than one vehicle, the drivers of all the vehicles are several tortfeasors, whose separate and independent act of rash and negligent driving of the respective vehicles, resulted in a common harm or injury and from this it logically follows that it becomes the duty of the tribunal to ..... in the alternative it was the duty of the tribunal to have issued notice to the owner of the lorry and further having regard to the provisions contained in section 110-b of the act, the tribunal ought to have fixed the liability to pay compensation between the appellant and the owner of the lorry in tne ratio of 50:50 having regard to the finding that the accident .....

N.D.P. Namboodripad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2004(4)ALD95(SC); 2004(52)BLJR1206; [2004(102)FLR223]; JT2004(Suppl1)SC598; 2004(2)KLT686(SC); 2004(4)SCALE621; (2004)5SCC259; 2004(3)SLJ155(SC); (2004)2UPLBEC1995

..... view of the division bench that the figures under clauses (a) and (b) of para 2 of part iii of the 1st schedule of the act cannot be added for the purposes of finding out the revised pension is correct,24. ..... correct and held that the method used by the learned single judge in calculating the pension by adding the figures under clauses (a) and (b) of para 2 of part iii of the 1st schedule of the act in order to find out the amount of revised pension, was not correct. 9. ..... clearly states that the 'ordinary pension admissible to high court/supreme court judges under para 2(a) of part iii of the 1st schedule to the high court/supreme court judges (condition of service) act, 1954/1958 respectively may be revised with effect from 1.1.1986..'22. ..... 3500/- (b) clauses 2 (a) and (b) of part ii of 1st schedule of the acts and rules governing the service condition of the high court judges should not be taken into account in order to find out the amount ..... (a) & (b) of para 2 of part iii of the 1st schedule to the act can be put together to find out the revised rate from the table attached to the order dated 16.4.1987, which rationalised the pension structure of employees who retired before 1.1.1986; the ..... to para 2(b) of part iii to schedule i of the act by act 38 of 1986, whereby the figures of rs. ..... other benefits of high court judges are determined on the basis of part iii of the 1st schedule of the high court judges (conditions of service) act, 1954, as amended by the amending acts, 1986 and 1988. .....

C.O. Devassy Vs. State of Kerala

Court : Kerala

Reported in : [1991]81STC2(Ker)

..... cases we are setting aside the common order of the appellate tribunal on the broad aspects, about the absence of prerequisites to invoke section 17(3) or 19b of the act, to hold that the purchases of the assessees were undervalued with a view to lessening tax liability, we are not pronouncing on the various other pleas that were urged ..... price of cured arecanuts in kokkalai market during the relevant time, the rejection of accounts and effecting assessments on best judgment basis or pressing into service section 19b of the act, rests on very fragile foundation, in that, the basic or the vital fact necessary for making the assessments on best judgment basis or for invoking section 19b of the ..... fact to reject the returns of the dealers and to effect the best judgment assessments under section 17(3) of the act or to invoke section 19b of the act, is the information obtained by the additional sales tax officer-ill, 4th circle, thrissur, as disclosed in his ..... commodity in question which was dealt with on tuesdays in market, that an average market price based on the said insufficient data is not what is contemplated by section 19b of the act and these aspects were totally ignored by the appellate tribunal in sustaining the assessments under section 19b of the ..... the said case, a plea was put forward on behalf of the assessees that for invoking section 14-b(1) of the act, the revenue should show that the assessee collected more than the ostensible sale consideration charged in the bill, with a .....

The Buckingham and Carnatic Company Ltd. and ors. Vs. the State of Mad ...

Court : Chennai

Reported in : (1966)2MLJ172

..... in addition to the legislative history and practice in england, the majority judgment also noticed that in england the land tax, which was levied for the first time by the land tax act, 1797 and which was a charge on land to be borne by the owner and not on the income likely to arise from occupation of the land, existed independently of and side by ..... the amount of the annual rent payable in respect of such land or the building thereon under the madras city tenants' protection act, 1921 or the madras buildings (lease and rent control) act, 1960, the court, authority or officer empowered to fix the rent under any of these acts may, on application from the owner, add to the annual rent aforesaid, an amount not exceeding the urban land tax ..... in respect of any urban land shall be in lieu of the ryotwari assessment, the assessment levied under the madras inams (amendment) (assessment) act, 1956, the ground-rent, the quite-rent, any amount levied under the madras city land revenue act, 1851 and such other amount as the government may specify; but the urban land tax shall be in addition to any other tax on ..... , that the scheme is but to impose a tax on urban land though the measure of tax is determined on its average market value as ascertained in the manner specified in section 7, that the act is entirely within the ambit of entry 49 of list ii in schedule vii and is not one falling under entry 86, list i, that while entry 86 in list i deals with capitalised value of the assets, entry .....

Godhara Borough Municipality Vs. Godhara Electricity Co. Ltd.

Court : Supreme Court of India

Reported in : AIR1968SC1504; [1969]39CompCas395(SC); [1969]73ITR44(SC); [1968]3SCR481

..... as a whole or in part or his conclusion upon either halsbury's laws of england or bean and lockwood's book on rating valuation practice' on the ground that these books were irrelevant under the indian evidence act, the learned judge of the high court held that 'capital value' might possibly bear four different meanings but the meaning given to the expression in halsbury's laws of england was 'not appropriate in the context ..... the respondent contended that here there were reliable data in that the balance sheet of the company showing the value of these properties for the purpose of the companies act and there was no reason why the same figures should not be adopted as the capital value of the lands and buildings within the jurisdiction of godhara municipality. ..... this clearly is fallacious as under section 211 of the companies act, 1956 the balance sheet of a company has to be drawn up in the form ..... 73(1) of the bombay municipal boroughs act, 1925 (hereinafter referred to as the 'act') : 'subject to any general or special orders which the state government may make in this behalf and to the provisions of sections 75 and 76, a municipality may impose for the purposes of this act any of the following taxes, namely - (i) a rate on buildings or lands or both situate within the municipal borough.' . . . . . ..... rate' had not been defined in the act but it has a well known meaning. ..... : [1964]2scr608 , the statute which this court had to interpret was the same act which is before us in this case. .....