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Prashant Bansilal Bamb Vs. Shri Nand Lal, State Election Commissioner ...

Court : Mumbai

Reported in : 2008(3)BomCR119; (2008)110BOMLR690; 2008(3)MhLj346

..... rule regarding the rotation of seats is applicable only in a subsequent general election and the forthcoming general elections of 2007 are the first elections based on 2001 census figures of population; and whereas if the provisions of the act and the rules as also the provisions of the constitution regarding the determination of number of seats, formation of electoral divisions and reservations of seats for scheduled caste and scheduled tribes etc. ..... honble high court dated 3rd october, 2006, the state election commission has reconsidered its view regarding 1) the census figures of population; 2) formation of electoral divisions and reservation of seats as per the provisions of the act and rules and 3) seats where reservation has been allegedly repeated; and the state election commission has come to a conclusion that it has followed scrupulously the provisions of the ..... act and the rules thereunder and even the honourable high court has in its order dated 3rd october, 2006 has observed that in view of the increase in population repetition to some extent is bound to be there; and ..... of 2001, in support of the proposition that the contempt jurisdiction is to be exercised sparingly and only in a case where the act of a person amounts to deliberate and willful disobedience of the order passed by the court. 29. .....

In Re: Excess Profits Tax Assessment of Chaturbhuj and Co., Kanpur

Court : Allahabad

Reported in : AIR1960All413

..... become non-existent bringing about the result that the expression 'the amount of excess profits tax payable' in section 16 must be that amount which is deemed to be so under section 7 of the act.so far as clause (b) of section 16 is concerned, it does not use the expression 'the amount of excess profits tax payable'; on the other hand the expression used is 'the amount of excess ..... of excess profits tax by the assessee and these liabilities of the assessee cannot be determined correctly until all the chargeable accounting periods during which the excess profits tax act remained in force have been taken into account.it is urged that the liability to the penalty depends not on the transitory liability to the excess profits in the course ..... for she chargeable accounting period in-question is made the results which follow from it are to be separately given effect to for purposes of determining the penalty under section 16 of the act and the fact that, subsequently, there has to be an overall determination of the final excess profits tax liability by applying the provisions of section 16 on the expiry of the ..... in the chargeable accounting period in question.the two provisions of law that have to be examined for the purposes of considering this question are sections 7 and 16 of the excess profits tax act, in section 7, clause (b) and the provisos are not at all material for the purpose of deciding this reference and consequently we reproduce below the remaining part of the section which is .....

Smt. Manjula Devi Widow of Awadhesh Kumar Mishra, Vs. Commercial Motor ...

Court : Allahabad

Reported in : 2008ACJ1624; AIR2007All122; 2007(2)AWC2050

..... hon'ble apex court in trilok chandra's case (supra) wherein hon'ble apex court has held that the multiplier and structural formula provided under second schedule of the act can be used as guide for determination of compensation to be awarded to the claimants but in deepal girish bhai soni's case (supra) hon'ble apex court ..... court in shah bhojraj kuverji oil mills' case (supra) and lakshmi narayan's case (supra) would clearly apply in such situation and the provisions of section 163a of motor vehicle act will apply even in pending cases before claims tribunal as well as in pending statutory appeals at higher forum including this court, irrespective of the fact as to whether accident occurred prior ..... accident involving the death or bodily injury to persons or damage to any property of third party so arisen or both, the claimants would be divested from claiming compensation under the aforesaid provisions of act, thus, import of the concept of negligence from common law and law of torts to exclude the jurisdiction of claims tribunal on the principle of fault required to be established by victims and legal ..... or authorised insurer shall be liable to pay compensation in case of death or permanent disablement due to accident arising out of use of motor vehicle, whereas under section 165(1) of new act, also same phraseology has been used to the effect that for the purpose of adjudicating upon the claims for compensation in respect of accidents involving the death or bodily injury to persons .....

Chaturbhuj and Co. Vs. Re.

Court : Allahabad

Reported in : [1960]39ITR337(All)

..... we have taken above.on the view that we have taken above, the conclusion in the present case is that, when determining the maximum amount of penalty that could be imposed under section 16 of the excess profits tax act, the excess profits tax officer was bound to take into account the ultimate liability to excess profits tax and on its basis determine whether there would have been any avoidance of excess profits tax ..... unit and, consequently, when the assessment for the chargeable accounting period in question is made the results which follow from it are to be separately given effect to for purposes of determining the penalty under section 16 of the act and the fact that, subsequently, there has to be an overall determination of the final excess profits tax liability by applying the provisions of section 16 on the expiry of the subsequent chargeable account periods should not affect the ..... two points that have been referred to us for our decision.in this reference the contention on behalf of the department has been that, when proceedings for imposition of penalty under section 16 of the excess profits tax act are taken, the effect of the concealment of income or incorrectness in the return must be considered with reference to the result that would follow if an assessment order is made for the chargeable accounting period in question so that the .....

Common Services Agency (Appellants) Vs. Scottish Information Commissio ...

Court : House of Lords

..... circumstances in which data are to be processed: the processing (a) is in the substantial public interest; (b) is necessary for research purposes (which expression shall have the same meaning as in section 33 of the act); (c) does not support measures or decisions with respect to any particular data subject otherwise than with the explicit consent of that data subject; and (d) does not cause, nor is likely to cause, substantial damage ..... the data subject, (b) his political opinions, (c) his religious beliefs or other beliefs of a similar nature, (d) whether he is a member of a trade union (within the meaning of the trade union and labour relations (consolidation) act 1992), (e) his physical or mental health or condition, (f) his sexual life, (g) the commission or alleged commission by him of any offence, or (h) any proceedings for any offence committed or alleged to have been committed by him, ..... this appeal arises out of a request by mr michael collie to the common services agency (the agency) under the freedom of information (scotland) act 2002 (the 2002 act) to provide the details, by census wards, of all incidents of leukaemia for both sexes, in the age range 0-14, by year, from 1990 to 2003, for ..... circumstances, the data constituted personal data because, in terms of paragraph (b) of the relevant definition in section 1(1) of the 1998 act, the individuals could be identified either from the data themselves or from the data and other information in the possession of isd. .....

Union of India and anr. Vs. Dharampal Satyapal and ors.

Court : Delhi

..... commission can approach the settlement commission only after a show-cause notice is issued and in this aspect the provisions of customs law are different from the provisions of the income tax act with which ajmera housing corporation was concerned and that under the customs provisions, it was only a person who had committed fraud or smuggling or deliberate mis-declaration who would ..... objection was raised to the application on the ground that there was no full and true disclosure of the duty liability, which is a condition precedent under section 32e of the central excise act for approaching the settlement commission, that dsl has not disclosed its full and true duty liability in the application which was not disclosed before the central excise authorities, that dsl has ..... found that just as the applicants had requested for cross-examination of 13 persons who tendered statements or furnished other information before the investigating authorities under section 14 of the act, the revenue also cannot be deprived of its right to cross-examine the witnesses including the deponents of the statements relied upon by the applicants, when the revenue ..... thereafter the issues for settlement were pointed out to the settlement commission in the following paragraph: issues for settlement as per provisions of section 32e of central excise act, 1944, applicant has to make a full and true disclosure of the duty liability which has not been disclosed before the central excise officer, but in .....

Collector of Central Excise Vs. Travancore Plywood Industries

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(21)ELT212TriDel

..... the figures arrived at by the collector after detailed and fair adjudication under the central excises act and rules can be deemed to be the figures from the accounts maintained under the central excise rules for the purpose of notification since the figures are arrived at as provided in the provisions of the central excise ..... iv/16/38/80 review (part ii) dated 28-6-1981 under section 36(2) of the central excises and salt act, 1944 asking the respondents as to why the order passed by the appellate collector be not reviewed. ..... those review proceedings, pending before the government of india, now stand transferred to this tribunal under section 35 p(2) of the central excises and salt act, 1944, to be heard as an appeal.8. .....

Hakim UddIn Khan Vs. Income-tax Officer, Mirzapur, and Another.

Court : Allahabad

Reported in : [1960]40ITR402(All)

..... of issuing a writ of mandamus to direct the income-tax officer; to withdraw the notice of demand issued by him on the basis of the order under section 35 of the income-tax act does not arise because, once that order of rectification under section 35 of the act is quashed, the notice of demand automatically become ineffective.for these reasons, we allow this petition and quash the order of the income-tax officer dated 13th december, 1954 ..... writ of mandamus directing the income-tax officer, mirzapur, to withdraw his notice of demand dated 13th december, 1954, issued to the petitioner in pursuance of his order of the same date under section 35 of the income-tax act.the assessee was assessed to income-tax in respect of his income for the assessment year 1953-54 by the income-tax officer by his order dated 22nd september, 1953. ..... circumstances, it is not permissible for us now to go into the question whether the view of the income-tax officer that the provisions of sections 16(2) and 18(5) of the income-tax act were applicable to the case of the assessee, as inferred from the assessment order of the 22nd of september, 1953, was a correct or an incorrect view. ..... , hakimuddin khan, has prayed for the issue of writs of certiorari to quash an order of the income-tax officer dated 13th december, 1954, passed under section 35 of the income-tax act and an order of the commissioner of income-tax dated 18th september, 1955, dismissing a revision against that order of the income-tax officer. .....

Udai Bhan Vs. State of Bihar

Court : Jharkhand

Reported in : [2004(4)JCR713(Jhr)]

..... warp and woof of the prosecution case as alleged.in the ease of sat paul (supra) the apex court has also observed that the discretion conferred under section 154 of the evidence act is unqualified and untrammeled and is apart from any question of hostility and in a criminal prosecution when a witness is cross-examined and contradicted with the leave of the court by the ..... the record that illegal gratification was demanded and accepted by a public servant presumption arises that it was paid and accepted as a motive or reward to do or to forebear from doing any official act and the mere fact that the currency notes have reached the hands of the appellant is a sufficient corroboration of the trap witnesses and it is for the appellant to prove that the government currency notes ..... mehta (supra) has observed that presumption about acceptance by public servant gratification other than legal remuneration is not applicable to the prosecution of the accused as envisaged under the said act and burden of proving his innocence cannot be cast on the accused.in view of the inconsistencies appearing in the evidence referred to above regarding the positive finding of the solution of sodium ..... zakaullah, (supra) it has been submitted that the testimony of pw 7 narayan jha, deputy superintendent of police, cbi ranchi who has conducted the trap can be acted upon even without corroboration as he had no interest against the appellant and the very shown by him to bring his trap to a success is no ground to .....

Manayil Krishnan Kutty Vs. Manikkath Govinda Menon

Court : Chennai

Reported in : (1956)2MLJ117

..... from time to time allow in respect of the lands situated in any tract or village, the tenant of a holding pays to his landlord the entire rent payable in respect of that holding under the malabar tenancy act, 1929, as amended by this act, for the six agricultural years beginning with 1944-45 and ending with 1949-50, the landlord shall not be entitled to recover from the tenant any arrears of rent due in respect of the holding for ..... agricultural years beginning with 1944-45 and ending with 1949-50', the words and figures 'six agricultural years beginning with 1947-48 and ending with 1952-53' shall be substituted;(ii) after the words 'as amended by this act' the words, brackets and figures 'and the malabar tenancy (amendment) act, 1954' shall be inserted;(iii) for the words 'any arrears of rent', the words 'any outstanding arrears of rent' shall be substituted'.5. ..... following terms:where the execution of a decree or order stands stayed under the madras tenants and ryots protection act, 1949, or section 54 or section 55 of the malabar tenancy (amendment act, 1951, the tenant may, within a month after due service of notice, on an application to execute such decree or order or within six months of the commencement of this act, whichever event happens earlier file an application to the court which passed the decree or order to amend the decree .....