Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed chapter i distribution of powers Page 49 of about 517 results (0.149 seconds)

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... acquiring tax free income. the learned counsel argued that the entire transaction could take place in the manner desired because unlike joint stock companies governed under the provisions of companies act, 1956, a mutual fund could distribute income from out of the funds received by it, which were essentially in the nature of subscription ..... of the transaction and motive of the parties, legitimate tax planning and clever devices for avoiding tax liability have engaged the attention of the courts in india from the very beginning. while in some judgments it would appear that westminster principle has been enshrined, in some judgments it would be seen that ramsay ..... . (supra), the main judgment was delivered by ranganath misra j. (as he then was) on behalf of himself and other three judges including chief justice of india. chinnappa reddy j. delivered a separate judgment. at the same time in the majority judgment delivered by ranganath misra j, the following passage appeared:- "tax planning may .....

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)96ITD1(Mum.)

..... acquiring tax free income. the learned counsel argued that the entire transaction could take place in the manner desired because unlike joint stock companies governed under the provisions of companies act, 1956, a mutual fund could distribute income from out of the funds received by it, which were essentially in the nature of subscription ..... of the transaction and motive of the parties, legitimate tax planning and clever devices for avoiding tax liability have engaged the attention of the courts in india from the very beginning. while in some judgments it would appear that westminster principle has been enshrined, in some judgments it would be seen that ramsay ..... . (supra), the main judgment was delivered by ranganath misra j. (as he then was) on behalf of himself and other three judges including chief justice of india. chinnappa reddy j. delivered a separate judgment. at the same time in the majority judgment delivered by ranganath misra j, the following passage appeared: "tax planning may .....

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

..... therein had challenged the price control order issued by the union of india under the essential commodities act, 1955 as regards bt cotton seeds. the challenge is pending before the delhi high court. pertinently, the ministry of agriculture and farmers welfare, government of india, in the said case, has stated that the farmers across the ..... necessary measures for the protection and promotion of the environment under the ep act, 1986 in indian council for enviro-legal action vs. union of india, (1996) 3 scc212( enviro-legal action ). it was also held that if the central government omits to fulfil any of its duties under the sections 3 and 5 ..... biological diversity, which has been ratified by india, the biological diversity act, 2002 came to be introduced into the statute book. the aim and objective of this act is to provide for conservation of biological diversity and its sustainable use. s.36 of this act directs the central government to take measures for protection of biological diversity .....

J. Jayalalitha and Others Vs. State, By the Superintendent of Police, ...

Court : Karnataka

..... prove all the ingredients of the offence charged and that the burden never shifts on the accused to disprove the charges framed against him (g.v.nair v/s. government of india - 1963(1)crl.l.j. 675 kerala). it is clear therefore where a person is charged with criminal misconduct and it is seen that he is in ..... as the balance income tax payable by the assessee. the assessee had not filed her i.t. returns for the assessment year 1995-96. in the year 1997 the government of india introduced voluntary disclosures of income scheme. after the introduction of this scheme the assessee filed her i.t. returns for the assessment year 1995-96 on 23.12.1997 ..... fund company is not a banking company and the provisions of the banking regulations act 1949 are not therefore, applicable to such companies, a member of the service has to obtain permission of the government under proviso to sub-rule(4) of rule 16 of the all india services (conduct) rule, 1968 for receiving the money from the chit fund companies .....

United States Vs. Borden Co.

Court : US Supreme Court

..... the judgment ends by dismissing the indictment as to all defendants. the first question presented concerns our jurisdiction. the exceptional right of appeal given to the government by the criminal appeals act is strictly limited to the instances specified. [ footnote 1 ] the provision invoked here is the page 308 u. s. 193 one which permits ..... unions or labor union activities is not open on this appeal. the district court did not construe the sherman act as inapplicable to these defendants, and the government's appeal, under the restriction of the criminal appeals act, does not present that question. the appeal as to count three is dismissed. the judgment is reversed as ..... 308 u. s. 190 and conspiracy in violation of 1 of the sherman anti-trust act. as to one of the counts, the appeal is dismissed. mr. chief justice hughes delivered the opinion of the court. the government appeals from a judgment of the district court sustaining demurrers and dismissing an indictment charging combination .....

Communist Party Vs. Sacb

Court : US Supreme Court

..... of its purposes. [ footnote 3/6 ] statutes based upon such a principle, which really amounts to nothing more than the idea that the government must act as a paternal guardian to protect american voters from hearing public policies discussed, do not implement "the prized freedoms guaranteed by the first amendment" -- ..... are as complex and intricate as they are in the situation described in the findings of 2 of the subversive activities control act -- when existing government is menaced by a worldwide integrated movement which employs every combination of possible means, peaceful and violent, domestic and foreign, overt and clandestine ..... members of the use of united states passports. section 2 finds that communist action organizations purpose to overthrow the government of the united states by any available, necessary means. the act forbids government and defense facility employees to support such organizations, and withdraws from the organizations and their contributors certain tax exemptions .....

Central VA. Community College Vs. Katz

Court : US Supreme Court

..... debts and release of the debtor from prison. indeed, the earliest english statutes governing bankruptcy and insolvency authorized discharges of persons, not debts. one statute enacted in 1649 was entitled an act for discharging poor prisoners unable to satisfy their creditors. see 2 acts and ordinances of the interregnum, 1642 1660, pp. 240 241 (c. firth ..... states for actions authorized by federal law, while the 1842 statute gave federal judges the power to release foreign nationals imprisoned for actions authorized by foreign governments. footnote 12 further evidence of the framers intent to exempt laws on the subject of bankruptcies from the operation of state sovereign immunity principles can be ..... be especially solicitous of state sovereignty within the specific context of payment of state debts: [t]here is no color to pretend that the state governments would, by the adoption of that plan, be divested of the privilege of paying their own debts in their own way, free from every constraint .....

inveresk Plc (Respondent) Vs. Tullis Russell Papermakers Limited (Appe ...

Court : UK Supreme Court

..... this basis, although i agree with lord rodger that the way the extra division dealt with the matter might be taken as suggesting, incorrectly, that retention was governed entirely by fixed rules and that there was no room for the equitable remedy. 34) i turn then to the question whether inveresk's argument that retention is ..... its existence will continue to be overlooked. 78) this second kind of retention is closely related to compensation. the right to compensation is based on the compensation act 1592: "oure souerane lord and estaitis of parliament statutis and ordanis that ony debt de liquido ad liquidum instantlie verifiet be wreit or aith of the partie befoir ..... make payment of the additional consideration, so the plea of retention is not available. 7) having examined the provisions of part 3 of the schedule and the actings of the parties with regard to them, the lord ordinary held that tullis russell were obliged to pay as additional consideration an amount based on the tonnage shown .....

Department of Revenue of Mont. Vs. Kurth Ranch

Court : US Supreme Court

..... whether proceedings are criminal or civil," 490 u. s., at 447, and the more searching analysis thought appropriate in the multiple-punishments context: "the government correctly observes that this court has followed this abstract [kennedy- ward] approach when determining whether the procedural protections of the sixth amendment apply to proceedings under ..... the court's entire opinion appears to proceed on the assumption that the relevant question is whether taxes assessed pursuant to montana's dangerous drug tax act "violate the constitutional prohibition against successive punishments for the same offense." ante, at 769. nonetheless, after 16 pages addressing how montana's marijuana tax ..... enterprises that affect the distribution of dangerous drugs in montana." 1987 mont. laws, ch. 563, p. 1416. 5 section 5(1) of the act provides that "[a]lllaw enforcement personnel and peace officers shall promptly report each person subject to the tax to the department, together with such other information .....

Joint Anti-fascist Refugee Committee Vs. Mcgrath

Court : US Supreme Court

..... support the conclusion that by statutory direction or administrative interpretation agencies consistently grant at least minimum rights of hearing. for example, the walsh-healey act is enforceable by the government's recovery of liquidated damages and by its withholding further contracts for a three-year period. administrative hearings are employed for all contested action. ..... not have been redressed. in perkins v. lukens page 341 u. s. 160 steel co., it was not asserted that the authority under which the government acted was invalid; only the correctness of an interpretation of a statute in the course of the exercise of an admitted power was challenged. in the power ..... spoke out most strongly against previous restraints, it was careful to recognize that "the security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government." near v. minnesota, 283 u. s. 697 , 283 u. s. 716 . page 341 u. s. 200 recognizing that the .....