Judgment Search Results Home > Cases Phrase: forest act 1963 section 115 forest officer not to trade Court: chennai Page 16 of about 2,454 results (0.214 seconds)

B. Rajeshwaran Vs. The Commissioner, Hindu Religious and Charitable En ...

Court : Chennai

..... in essence, the order appointing the petitioner is in compliance of section 54 (1) of the act and the observations made by the first respondent as if the second respondent ought to have appointed the petitioner in compliance with section 54 (2) and not as contemplated under section 54 (1) of the act does not arise. ..... while so, the first respondent, in exercise of suo motu powers, passed the impugned order on 15.09.2014 concluding that there is no permanent vacancy in the office of the hereditary trustee of the temple in question and therefore, the invocation of section 54 (i) of the act by the second respondent is illegal. ..... undoubtedly, the first respondent can invoke suo motu powers conferred under section 21 of the act to modify, vary or cancel any order passed by the officers subordinate to him. ..... the first respondent has passed the order dated 15.09.2014 on the ground that if really the petitioner's father has resigned the post of hereditary trustee or he wants to quit his office as trustee, he has to send his resignation letter to the first respondent as has been contemplated under section 28 (2) (b) (iii) of the act. ..... while section 54 (1) of the act contemplates filling up permanent vacancy in the office of the hereditary trustee by appointing a person who is next in the line of succession, section 54 (2) contemplates that a temporary vacancy occurs in such office by reason of suspension of the hereditary trustee. .....

P. Kanniappa Chettiar and ors. Vs. K. Ramachandraiyar and ors.

Court : Chennai

Reported in : AIR1924Mad731; 79Ind.Cas.92

..... with cases of purchase and is in itself a complete code for those cases; and on an examination of section 9 it is clear that it is intended to apply to cases in which suits are pending and cases in which suits have resulted in decrees but such decrees have not been executed, because in sub-section (3), it says that on an order for conveyance of the land after payment of the price fixed by the court being made, 'any decree or ..... during the pendency of the appeals, the tenants filed petitions under the provisions of section 9 of madras act iii of 1922 in which they seek to purchase out their landlords interest in the land so as to ..... court based its judgment mainly on the view that, because section 10 in terms applied the provisions of this act for compensation for tenants to oases where there had been decrees for ejectment which had not been executed, it followed that section 9 was not applicable in such oases. ..... the underlying principle on which section 36 of the indian trusts act is based should bedeemed to apply to hindu religious trusts and to control the powers of such trustees in dealing vested immoveable properties vested in them there an be very little doubt the lease would not be binding on the trust, as it would be in excess of the period prescribed and would not be, at the same time ..... as they interpret the omission of section 9 in section 10 as implying that section 9 cannot apply to suits in which a decree has been passed before the act came into force, although not executed. .....

S. Udayakumar, First Ito Vs. Abbas Ali and Co. and Others

Court : Chennai

Reported in : [1999]235ITR751(Mad)

..... the aforesaid assessment years with a view to produce them as genuine evidence, and to deliver a false return of income of the first firm with a view to wilfully evade income-tax and fraudulently induced the income-tax officer to deliver an assessment order based on the false return of income determining the tax payable by the first accused firm at a far lower amount than the legitimate amount of tax payable by the firm and thereby committed ..... in the course of the same transaction, the second accused delivered before the income-tax officer a false return of income making a false verification which omitted to record the purchase of the demand drafts mentioned supra knowing them to be false, having reason to believe that the statements and records are not true and thereby the second accused committed an offence punishable under section 277 of the income-tax act, 1961. ..... same transaction all the accused have intentionally fabricated false cash book or day book or false ledger or false purchase bills or false trading and profit and loss account and balance-sheet and thereby dishonestly induced the income-tax officer to deliver an assessment order on the basis of the false return of income determining the tax payable at a lower figure and thereby committed an offence punishable under section 420 of the indian penal code. ..... the return of income of the first accused firm accompanied by the trading and profit and loss account and balance-sheet declaring an income of rs. .....

The Commander Coast Guard Region (East), Fort St. George, Chennai-9 an ...

Court : Chennai

Reported in : (2001)1MLJ420

..... kobe queen i valued at rupees one crore approximately should not be confiscated under section 115(2) of the customs act, 1962 and as to why penalty should not be imposed on him/them under section 114 of the said act.40 ..... , confiscating the property, and what is the effect of the same, can be understood from the relevant provisions in the act and the rulings of the apex court.chapter xiv of the customs act, 1962 deals with confiscation of goods and imposition of penalties.section 111 of the act is to the effect that the goods enumerated in that section brought outside india shall be liable for confiscation.the next relevant section is section 115, which deals with confiscation of conveyance ..... vessel.33. in this view of the matter, as far as the issue is concerned, we hold that the term 'proceeding' would include an application under order 14, rule 8 of the original side rules read with section 125 of the merchant shipping act, 1958 and that the said application can be considered on merits by the court even after the suit ceases to be one in rent, when once at the time of institution of the proceeding there was an ..... when the appeal was taken up sri.sampathkumar, learned counsel appearing for the first respondent chief officer in the vessel and the crew frankly conceded that the order of the learned single judge directing payment of wages due to the chief officer and the crew out of the sale proceeds of the cargo is erroneous as the maritime lien of the seamen is only ..... trading pvt .....

Periathambi Goundan Vs. the District Revenue Officer, Coimbatore and o ...

Court : Chennai

Reported in : AIR1980Mad180

..... it is perfectly clear and has nothing to do the question of jurisdictionthe language of section 16-a, as indicated by us, admits of no doubt that the civil court's jurisdiction is expressly excluded in respect of any matter which the record officer, district collector or the officer, empowered by or under the act has to determine.the order of the munsif in this case dismissing the suit is restored and the appeal is - ..... , the decision has held that the controversy as to whether a particular person is a cultivating tenant or not is a matter which the record officer or the district collector or other officer empowered by or under the act has to determine and therefore the civil court's jurisdiction is expressly excluded in respect thereof".27. ..... the bench has not expressly decided the exact matters with reference to which the jurisdiction of the civil court is barred and it has merely repeated the language of the section by stating that the jurisdiction of the civil court is expressly excluded in respect of any -matter which the record officer or the district collector or other officer empowered by or under the act has to determine. ..... into the question whether a particular party was a cultivating; tenant or not, that question could be decided only by the hierarchy of officers under the act, that the record officer under the act had already entered the appellant as a cultivating tenant and that therefore the civil court had to accept the position that the appellant was a cultivating .....

N. Mangalchand Vaid and ors. Vs. the Secretary to Government of Tamil ...

Court : Chennai

Reported in : (2008)1MLJ476

..... as could be seen from section 1(2)(ii) of the said act, it applies to 'private forests situated in other areas in the state of tamil nadu and having a contiguous area exceeding 2 hectares which may be declared by the committee to be forests for the purposes of this act, by notification, in the district gazette, but does not apply to reserved forests constituted under the tamil nadu forest act, 1882, and lands at the disposal of the government as defined in that act. ..... the other argument advanced on the part of the appellants is that as per the amended act 68 of 1979, the power to issue a notification vests only with the committee constituted under section 2-a of the private forests act and therefore, the notification issued by the district collector is bad in law.23. ..... the district forest officer was a party to the proceedings under section 63 of the madras estates abolition act when it was declared as a forest and even in the ryotwari patta proceedings, he had taken up the matter in appeal and revision against the order of the settlement officer granting patta and it is at his instance that the collector seems to have made this notification. ..... gopalaswami aiyangar 1963 (3) scr 763, which was delivered in the context of the permanent lease right of occupancy of a ryot regarding waste lands brought under cultivation, relied on by the learned senior counsel for the appellants, also does not apply to the facts of the case on hand. .....

V. Veeraraghavan Vs. P.O., Labour Court, Coimbatore and anr.

Court : Chennai

Reported in : (1992)IILLJ137Mad

..... thereafter the second respondent filed another petition under section 33-c(2) of the industrial disputes act claiming backwages from july, 1981 till september, 1985, amounting to rs ..... though the petitioner engaged a lawyer to defend the case, the matter was not followed properly due to the breach of trust committed by the petitioner's ex-clerk and as such an ex-parte award was passed ..... according to the petitioner, during the tenure of his office, the second respondent was very irregular in his attendance as he was engaged in other part-time jobs at that time ..... that since the labour court/first respondent failed to exercise its jurisdiction vested in it by compelling the witness to produce the document, there is apparent error on the face of the record and there is violation of the act and rules and as such the order is liable to be set aside. ..... note to office : the office is directed to dispatch the communication received from the electrical inspector and produced by the government advocate in this writ petition, along with the order copy to the first respondent, early. 6 ..... of 1985 alleging that the second respondent was gainfully employed as a projector operator and he is having a tea shop of his own and hence he is not entitled to wages during the period of his non-employment. ..... of 187 for the very same relief and summons were issued to the witnesses and subsequently the petition was closed on september 17, 1987 since the witness did not appear even though he was served with summons. .....

The Madras Port Trust Vs. A.M. Safiulla and Company, a Partnership Fir ...

Court : Chennai

Reported in : (1962)2MLJ29

..... after six months from the accrual of the cause of such suit or other proceeding.the board shall not be responsible for any act or default of any officer or servant appointed under this act, or of any master, attendant, any harbour master or of any pilot or of any deputy or assistant of any of the officers aforesaid, or of any person acting under the authority or direction of any such officer, deputy or assistant;nor for any damage sustained by any vessel in consequence of any defect in any of the ..... and i shall give a receipt in the form and to the effect prescribed from time to time by the central government.after any goods have been taken charge of and a receipt given for them under this section no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt shall have been given or to the master or the owner of the vessel from which the goods have ..... moorings, hawsers or other things belonging to the board;nor shall the board, or any of the said officers or servants, be liable in damages for any act bona fide done or ordered to be done, by them in pursuance of this act.the corresponding provisions in the madras port trust act, 1905, are sections no and 111 which run as follows .....

Commissioner of Income-tax Vs. Ajax Products Ltd. (In Voluntary Liquid ...

Court : Chennai

Reported in : [1976]104ITR375(Mad)

..... contends that the absence or otherwise of a total income will not make any difference with reference to the reduction of the rebate that has to be worked out under the provisions of part ii, paragraph d of schedule i of the finance act, 1956, and that as the reduction of rebate was with reference to the dividend declared there was nothing wrong in the computation by the income-tax officer of the amount of the super-tax rebate to be withdrawn.8 ..... in the meanwhile the income-tax officer had, however, initiated proceedings under section 34 to reduce the rebate of super-tax given on the basis that the liquidator had distributed a sum ..... thereafter, the income-tax officer purporting to give effect to the order of the tribunal passed under section 66(5) on may 30, 1961, in pursuance of the high court's decision of december 7, 1960, reworked the accumulated profits ..... we are of the view that a reading of section 55 of the act along with part ii, paragraph d of schedule i of the finance act, 1956, clearlyindicates that there is no direct levy of tax on declaration of excess dividends ..... income-tax : [1961]42itr141(mad) , that no portion of the profit was assessable under the proviso to section 10(2)(vii) and, consequently, there was nil income in the assessment year 1956-57. ..... , the tribunal has taken the view that, as there was no total income to be charged, there was no super-tax to be levied under section 55 and as such there is no question of giving any rebate or reduction of that rebate. .....

P.P. Kanniah Vs. Income-tax Officer, Central Circle I, Madras and anr.

Court : Chennai

Reported in : [1981]129ITR414(Mad)

..... referred to in clause (i) as remains undischarged and for this purpose such assets shall be deemed to be under distraint as if such distraint was effected by the income-tax officer under authorisation from the commissioner under sub-section (5) of section 226 and the income-tax officer may recover the amount of such liabilities by the sale of such assets and such sale shall be effected in the manner laid down in the third schedule ..... the officer adjudging the confiscation that such gold or other thing belongs to a person other tan the person who has, by any act or omission, rendered it liable to confiscation, and such act or omission was without the knowledge or connivance of the person to whom it belongs, it shall not be ordered to be confiscated but such other action, as is authorised by this act, may be taken against the person who has, by such act or omission, rendered it liable to confiscated.' 10. in view of the above sections ..... . act, 1961, reads as follows : 'whether any money, bullion, jewellery or other valuable article or thing (hereinafter in this section and section 132a referred to as the assets) is seized under sub-section (1), the income-tax officer, after affording a reasonable opportunity to the person concerned for being heard and making such enquiry as may be prescribed, shall, within ninety days of the seizure, make an order, with the previous ..... of income and wealth-tax act, 1976, as he has not made a declaration as required by that section. 5. mr. u. n. .....