Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed chapter i distribution of powers Page 41 of about 517 results (0.159 seconds)

S. Ananthakrishnan Vs. the State of Madras

Court : Chennai

Reported in : AIR1952Mad395; (1952)1MLJ208

..... a case arising under our constitution, because article 269 of our constitution mentions among the duties and taxes which shall be levied and collected by the government of india and assigned to the states "taxes on the sale or purchase of newspapers and on advertisements published therein".9. the next set of cases relied ..... ed 656 the court had to deal with the scheme for the regulation of radio broadcasting contained in the federal communications act, 1934, as amended in 1937. apprehending that in the absence of government control, the public interest might be subordinated to monopolistic domination in the broadcasting field, the congress provided for a system ..... iii and if the contention of the petitioner is well founded they will also have to be declared invalid. there are, for example, provisions in the stamp act prescribing stamp duty on sales, gifts, settlements, mortgages, trusts, leases and other conveyance of immovable property. stamp duties are also prescribed on transfers of other .....

Adi Dara Patel and Others Vs. S. R. Jondhale and Others

Court : Mumbai

..... patel as executor and on behalf of only surviving co-executors made a fresh application to the state government for exemption under section 20 of the ulc act for executing conveyance of the land in rbi's favour. to this application, other co-owners, including petitioner nos. 1 and 2 to the present petition were not joined as parties. 9. ..... , 1976. on 14th july, 1976, jehangir patel and the surviving two executors made an application to the government of maharashtra for exempting this land under section 20(1)(a) of the ulc act so as to enable them to convey it to rbi. on 13th august, 1976, jehangir patel and other executors filed return in form no. 1 under section ..... to pursue this application for exemption in respect of sale of the suit land to rbi, as better offers than that of the rbi were available in the open market. 10. on 10th september, 1982, the government of maharashtra granted exemption under section 20 of the ulc act to convey 59,407.10 square meters out of suit land in favour of .....

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

..... decision taken in public interest at the helms of affair. repugnancy 129. the census act, 1948 (in short the act), enacted by the parliament, deals with the matter in connection with census. under section 3 of the census act, the government of india has been conferred power to declare its intention of taking census in the whole ..... different sphere but once a notification is issued under census rule by the government of india as well as the state government, then direction under census rule, shall prevail over and above the state action under section 11 of the u.p. land revenue act. since both are irreconcilable during the operation of a notification issued under ..... reconsideration of matter in the light of judgment, which was acted upon by the state government. 92. since while dismissing the special appeal under article 136 of the constitution of india against the judgment of ram milan shukla (supra) hon'ble supreme court of india had applied mind and affirmed it with the observation that it .....

T. Muralidhar Rao Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2004(6)ALD1; 2004(5)ALT634

..... backward classes either for the purposes of article 15(4) or article 16(4) of the constitution of india.4. that section 11(2) of act 20 of 1993 is mandatory in its nature. the state government is bound to consult the a.p. backward classes commission before undertaking any revision of the backward classes list ..... the state is competent to issue the g.o., without consulting the commission constituted under a.p. act 20 of 1993, in exercise of the powers under article 162 of the constitution of india, and that the government was having sufficient material. he has drawn our attention to rule 8 of the andhra pradesh commission for ..... of such identification of such class of citizens is left to the state. therefore, the various state governments and the government of india from time to time, adopted the procedure of appointing commissions under the commissions of enquiry act, 1952 for the purpose of identifying backward classes of citizens. there were departures occasionally and the state .....

Surajmull Nagarmull and ors. Vs. the Commissioner of Income Tax

Court : Kolkata

Reported in : AIR1961Cal578

..... could be remedied by appropriate action, (pannalal binjraj (s) : [1957]1scr233 , ibid). 10. the wide powers given to the state government under sec. 2 of the punjab special powers (press) act, 1956 (act no. 38 of 1956) were upheld on the ground that quick executive decision and swift effective action was the essence of the powers, ..... unreasonable restriction on the citizen's right under sub-clauses (f) and (g) of article 19(1)constitution of india~^. the grant or refusal to grant a permit by the textile commissioner is governed by the policy underlying, the order and it was to be exercised in such a way as to effectuate the policy ..... as in kedarnath bajoria v. state of west bengal, : 1953crilj1621 and (3) also from various other sources such as were considered in hamdard dawakhana v. union of india, : 1960crilj671 and kathi ranning rawat v. state of saurashtra, : 1952crilj805 . he therefore contends and quotes to explain the background and the surrounding circumstances of this-impugned .....

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

..... , leasing / letting of immovable property is exempted from value added taxation since it has been construed that the same does not provide any value addition and since the government of india has sought to rely upon the internationally accepted value added tax regime, it needs to follow the same fully and exempt leasing / letting of immovable property from the ..... the constitution would destroy the federal structure" of our republic was rejected there. on an application of similar test here, the powers given to the central government by section 3 of the act, now before us, could not be held to be invalid on the ground that federal structure of the state is jeopardized by the view we are ..... the decision in ajoy kumar mukherjee v local board of barpeta, air 1965 sc 1561 wherein a tax had been imposed under section 62 of the assam local self government act, 1953 and while upholding the validity of the tax, the apex court noted that the tax was, in substance, a tax on the land but the charge only .....

Gillanders Arbuthnot and Co. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1970]76ITR160(Cal)

..... now refer to each of the questions. the second question. the second question is as follows :'whether the tribunal was right in holding that the present government of india was competent to reopen an assessment for the purpose of assessing capital gain and realising the tax in respect of such capital gain which arose prior to ..... appeal to the appellate authority and the first objection of the assessee was that levying of capital gain was 'ultra vires' the constitution and further that the government of india, as it was constituted on relevant dates, could not collect tax in respect of gains or profits which accrued due before august 15, 1947. it ..... have been included in section 12b of the act but no further exemption can be granted. in the case of union of india v. commercial tax officer, west bengal, referred to above, deductions were granted with respect of sales to indian stores department, the special department of the government of india, and to railway or water transport administration. .....

Union of India (Uoi) and ors. Vs. Dharamendra Textile Processors and o ...

Court : Supreme Court of India

Reported in : 2008(133)ECC247; 2008(159)LC247(SC); 2008(231)ELT3(SC); [2008]306ITR277(SC); JT2008(11)SC255; 2008(13)SCALE233; (2009)11VatReporter63; (2008)18VST180(SC); 2008AIRSCW8038

..... sub-section (2) of section 11a, relates to notices issued prior to the date on which the finance act, 2000 receives the assent of the president;(2) any amount paid to the credit of the central government prior to the date of communication of the order referred to in the first proviso or the fourth proviso ..... -fault liability but must be preceded by mens rea. the classical view that `no mens rea, no crime' has long ago been eroded and several laws in india and abroad, especially regarding economic crimes and departmental penalties, have created severe punishments even where the offences have been defined to exclude mens rea. therefore, the contention ..... stimulate mental references to referents. the object of interpreting a statute is to ascertain the intention of the legislature enacting it. see institute of chartered accountants of india v. price waterhouse 1977 6 scc 312. the intention of the legislature is primarily to be gathered from the language used, which means that attention should be .....

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... by a circular no. 682 dated 30-3-1994 issued by the central board of direct taxes in exercise of its powers under section 90 of the act, the government of india clarified that capital gains of any resident of mauritius by alienation of shares of an indian company shall be taxable only in mauritius according to mauritius taxation ..... this agreement was brought into force by a notification dated 6-12-1983 issued in exercise of the powers of the government of india under section 90 of the act read with section 24a of the companies (profits) surtax act, 1964. as stated in the agreement, its purpose is to avoid double taxation and to encourage mutual trade and investment ..... do not maraud the resources of the state.(b) declare and delimit the powers of the central government under section 90 of the income tax act, 1961 in the matter of entering into an agreement with the government of any country outside india;(c) declare and delimit the powers of the central board of direct taxes in the matter of .....

Roche Products (India) Pvt Ltd. and Others Vs. Drugs Controller Genera ...

Court : Delhi

..... collectively referred to as the "plaintiffs". 3. defendant no. 1, the drug controller general of india, central drugs standard/control organization, ministry of health and family welfare, government of india, is responsible for the approval of new drugs under the drugs and cosmetics act, 1940, as amended (the "drugs act") and the rules framed thereunder. (hereinafter referred to either defendant no. 1 or dcgi) the ..... conducted strictly in accordance with the procedure prescribed in schedule y of drugs and cosmetics act, 1940 under the direct supervision of the secretary, ministry of health and family welfare, government of india. it was pointed out that as per notification dated 31 march 2011 of the government of india the ndac was constituted to advise defendant no. 1 after evaluation of pre-clinical trial .....