Goa Daman And Diu Judicial Commissioner S Court Declaration As High Court Act 1964 Repealed Section 5 Appeals To Supreme Court From Judgment Decree Etc Passed Or Made By Judicial Commissioner S Court - Judgment Search Results

Kailash Moudgil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD97(Delhi)

special bench order fortunately we came across a decision of goa daman amp diu judicial commissioner s court clarifying the meaning bench order fortunately we came across a decision of goa daman amp diu judicial commissioner s court clarifying the meaning of fortunately we came across a decision of goa daman amp diu judicial commissioner s court clarifying the meaning of the word to be exercised in some respects as if it were judicial a standard example is a minister deciding whether or not cases this sort of sanction is not obtained from the commissioner and the assessees do not want to assail the approval essential in that case even the direction of the high court directing the sanctioning authority to grant sanction was given and of fact when the law dealing with the subject has declared those findings as final and conclusive secondly it was contended involved in the civil revision petition coming up before the high court under section 115 cpc it should be considered to income tax tribunal when remedy provided by the income tax act itself were available for correcting the errors of the tribunal requirements of section 6 of the income tax management act 1964 under the provisions of which the late assessments to which books of account other documents or any assets requisitioned under section 132a on or after the 1st day of january 1997 court was while making a person compulsorily retired under fr 56 j whether any show cause notice as to why retirement 1 when these three appeals together with several other appeals of similar type were pending in the tribunal all over 95 cited before us the decision of the hon ble supreme court mansukh lal chauhan v state of gujarat 1997 7 knowledge the act of passing judgment or the exercise of judgment the use of discretion and the determination as a deduction authorities at that stage the house of lords upheld this ruling since the tax payer would have full opportunity to state and he is not liable to any penalty interest prosecution etc it is made very clear in section 158bf that no to the appellate tribunal against such order b an order passed by an assessing officer under clause c of section 158bc known by the fact that income tax appellate tribunal is made the first appellate authority in all block assessment cases instead

Jose Da Costa and anr. Vs. Bascora Sadasiva Sinai Narcornim and ors.

Court : Supreme Court of India

Reported in : AIR1975SC1843; (1976)2SCC917

..... this act 16 5 1964 prefer an appeal from such judgment decree order or sentence to the supreme court as if such judgment decree order or sentence had been passed or made by the judicial commissioner s court 26 the next enactment which may be noticed is the goa daman and diu extension of the cpc and the arbitration act act .....

Union of India (Uoi) Vs. Pramod Gupta (D) by L.Rs. and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3708; 2005(4)CTC762; JT2005(8)SC203; (2005)12SCC1

..... of goa daman and diu 1a no person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this act and the rules made thereunder ..... these appeals are directed against a common judgment and order dated 5 10 2001 passed by a division bench of the high court of delhi in r f a no 85 and 86 of 1987 under section 54 .....

Dominic Dias Margaao Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Panji

Reported in : (2003)87ITD1Panji

admitted to the benefits of the said firm in 1960 goa chitrapur bus service when he was a minor on the with the ao but the discretion has to be exercised judiciously in appropriate cases this was a case where in our first common grievance of the assessee is that the learned cit a is not justified in holding that the proceedings under contention he placed reliance on the judgment of the supreme court in the case of cit v b n bhattachargee 1979 31 to 36 dt 10th nov 1997 as per the declaration in part iii of the report p 35 of the of india which would show that there was a very high concentration of houses in paolem i e location of the statistical purposes order under section 255 4 of the it act 1961 1 as there is a difference of opinion between he submitted that on p 68 of the compilation is 1964 survey map of government of india which would show that to the valuation officer in accordance with the provisions of section 55a no doubt a discretion was vested with the ao the fair market value of the subject land at rs 54 00 000 1 08 000 sq meter x rs 50 given hereafter the basic question to be decided in these appeals relates to the determination of the fair market value of the learned departmental representative the matter dealt with by the supreme court in the said case relates entirely with procedure and in support of this contention he placed reliance on the judgment of the supreme court in the case of cit v he therefore held that the assessee s contention regarding drastic decrease in the rate of prices due to government restrictions between subject land due to availability of water fertility of soil etc could have supported not less than 2000 yielding trees as court found the conduct of the parties suspect and even passed strictures it was also held in this case that estoppel manner he has rejected the valuation reports and the submissions made with reference to the transactions with sea rock hotel mr

Godfrey Philips India Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : (2008)17VST465(MP)

aspirations of the people the directive principles set out proximate goals when we go about the task of examining statutes against learned counsel for the petitioners are not supported by any judicial dictum but are hypothetical situations and even focused by relating rendered in state of madhya pradesh v bhola 2003 1scr906 commissioner of central excise pondicherry v acer india ltd 2004 172 mysore cement ltd where the nofifications were under challenge this court after referring to section 4a the schedules and the rate equality and fraternity the very rights mentioned in the french declarations of the rights of man as our hopes and aspirations which high rate of tax has been levied v the high rate of entry tax has been imposed to compensate the punjab after adverting to the provisions of the entry tax act and referring to the decisions rendered by the apex court 66 in khyerbari tea co ltd v state of assam 1964 5scr975 the constitutional validity of the assam taxation on goods the impugned notifications being violative of the first proviso to section 9 1 of the act are beyond the competence of in paragraphs 502 and the conclusion was recorded in paragraph 53 see para 47 at page 574 of 2006 145 stc various local enactments which are the subject matters of pending appeals special leave petitions and writ petitions will now be listed to say so as reading of the judgment of the supreme court in the cases of atiabari tea co 1961 1scr809 should be proportionate to the expenditure by relying upon the judgment in the case of automobile transport 0065 1962 1963 1scr491 302 is subject to the prohibition of preference and discrimination decreed by article 303 1 unless parliament makes the declaration under their business as also for regulating the levy collection assessment etc of the entry tax 181 from a perusal of the atiabari tea co ltd 1961 1scr809 if an act is passed under article 304 b and its validity is impeached then was enhanced on passenger vehicles to fill in the dent made in the revenues of the state by the abolition of

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

individuals individuals have rights when for some reason a collective goal is not a sufficient justification for denying them what they definition of privacy raises serious questions about the propriety of judicial reliance on a right that is not explicit in the age report of the office of the united nations high commissioner for human rights 30 june 2014 223 ibid at page delhi august 24 2017 24 1 reportable in the supreme court of india civil original jurisdiction writ petition civil no 494 regular surveillance including midnight knocks moved this court for a declaration that his fundamental rights were infringed among the measures of in the uk in associated newspapers limited v his royal highness the prince of wales239 2006 an appeal was made against provider has to act as a responsible agency and cannot act on any communication sanctity and regularity in official communication in the decisions in kharak singh and gobind thus kharak singh 1964 1 scr332 air1963sc1295 1963 2 cri lj329 was a case rights and liberties once enacted its provisions cannot easily be repealed or amended it must therefore be capable of growth and of life imprisonment section 303 excluded the procedural safeguards under section 235 2 and 354 3 of the criminal procedure code maneka gandhi v union of india 1978 1 scc248at paras 5 48 90 171 and 216 2 the right of prisoners was still a member of the new york court of appeals delivered a set of six lectures at columbia university 2 70 a large number of judgments of the u s supreme court since katz supra have recognized the right to privacy 61 part h personal liberty in the course of its judgment the court adverted to the decisions in rajagopal pucl gobind the view of this court in matrimonial cases where a decree of divorce is sought on medical grounds a medical examination 2 district registrar and collector hyderabad anr v canara bank etc 2005 1 scc496at 516 where this court held 35 the as article 8 1 of the echr reference can be passed to a case before ecthr 182 part k thus in by law and 2 since the constitution makers have not made any provision analogous to the 5 116 us6166 a search

Atikur Rahaman vs.union of India & Anr

Court : Delhi

released on bail on 19 12 2015 by the cjm goa subsequent to which the respondents moved an application for cancellation had already filed criminal misc application before hon ble chief judicial magistrate margao for the cancellation of bail granted to the proposal to the concerned officer of the rank of chief commissioner or director general once the officer of the rank of a person is liable to be tried in a criminal court for commission of a criminal offence or is actually being w p c rl 3105 2016 page 41 of 62 declaration made under section 77 in respect thereof or in the detenue mohammed sultan supra paragraph 7 at the same time higher standard of proof is required to justify the detention order also suggests that it is a part of an organised activity of a complex of agencies collaborating to remove secrete and and manipulation of foreign exchange in cofeposa continues even after repeal of fera 69 the menace of smuggling and foreign exchange unloaded in contravention of the provisions of section 33 or section 34 i any dutiable or prohibited goods found concealed in clause 39 of section 2 of the customs act 1962 52 of 1962 and all its grammatical variations and cognate expressions rl 3105 2016 page 20 of 62 was sitting in appeal on the order passed by the detaining authority action by future emphasis supplied this did not find favour with the supreme court which held that 60 t he conclusion that despite should not keep it back para 20 of the said judgment is extracted hereunder in 20 a man is to be the curtailment of the liberty of the appellant under an order of preventive detention in the facts and circumstances of the and potentiality of the detenu in indulging in such activities etc the act does not lay down any set parameters for 3697 manu de 1440 2016 the detention order therein was passed on 31 03 2015 and the detenue was even thereafter cus viii dated 20 05 2016 is quashed rule is made absolute the detenue shall be released forthwith unless wanted in

Meghalaya Plywoods Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

defect can be remedied only by legislation and not by judicial interpretation this principle of law finds its place in a apex court rendered in shrimati tarulata shyam and ors v commissioner of income tax west bengal reported in 1977 108itr345 sc the established principles of law laid down by the apex court as well as by this court i am of the aforementioned show cause notice dated 8 12 86 and for declaration that such show cause notice is illegal unjust unconstitutional and a reference can be made to the decision of delhi high court rendered in india trade promotion organisation v dy assessor section 12 and 18 of the central excise and salt act and sections 103 105 i 110 165 210 and 353 del 1989 42 elt338 sc 1983 elt 1342 sc air 1964 1 gau fb 1968 1scr148 1994 2 glr 239 gau and 18 of the central excise and salt act and sections 103 105 i 110 165 210 and 353 of the a to the counter affidavit of respondent nos 1 to 5 it has been revealed that the writ petitioner in the of the fact that there is alternative remedy available for appeal under the relevant acts and rules the writ petitioner concealed writ petitioner in the said civil suit sought for a decree of permanent injunction restraining the present respondents their agents associates not be imposed and the land building plant machinery materials etc should not be confiscated under the relevant provision of the rs 5 lacs to the writ petitioner as the respondents passed the impugned show cause notice without jurisdiction or in the to their utter astonishment and surprise the respondents had illegally made search in the premises of the head office of the

Real Estate Agencies Vs. Govt. of Goa and ors.

Court : Supreme Court of India

partnership firm which had developed a residential colony in miramar goa known as la campala residential colony it is the case true discretionary but the discretion must be exercised on sound judicial principles when the petition raises questions of fact of a in the affidavit filed by the respondent no 2 ndash commissioner of the municipal corporation panaji a claim that the open 16 in the present case in our judgment the high court was not justified in dismissing the petition on the ground on and over the open space which had been so declared by the high court of bombay in civil suit no to be determined in a petition under article 226 the high court has jurisdiction to try issues both of fact and question was acquired under the provisions of the land acquisition act 1894 sometime inthe year 1990 and in the said acquisition the petitioner who had also filed a reference application under section 18 of the act and had further carried the matter whereas in the affidavit filed on behalf of respondent no 5 i e model cooperative housing society the details of the accordance with law 14 consequently we dispose of the civil appeal in the above terms p sathasivam ranjan gogoi jj nbsp by the collector 16 in the present case in our judgment the high court was not justified in dismissing the petition and order dated 29th april 1983 was dismissed and the decree passed by the learned single judge was affirmed according to be undertaken specifically a jogging track walk ways recreational centers etc were proposed according to the petitioner further inquiries revealed that been filed to challenge the order dated 18th august 2011 passed by the high court of bombay panaji bench in writ is frivolous or because of the nature of the claim made dispute sought to be agitated or that the petition against

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... rule so prescribing was held to be unsustainable 696 in 1979 2 scc236 state of haryana v smt darshana devi a special leave petition was filed by the state of haryana assailing the judgment of the high court of punjab haryana which had extended the pauper provisions under order xxxiii of the code of civil procedure to motor accident claims under the motor vehicles act the supreme court rejected .....