Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: gujarat Page 100 of about 1,190 results (0.132 seconds)

State of Gujarat Vs. Godhra Borough Municipality

Court : Gujarat

Reported in : (1977)18GLR636

..... position available for recovery' of the tax by summary methods as well as by regular civil action under the income-tax act, 1922, as amended by the income-tax (amendment act of 1953. by the indian income-tax (amendment) act 1953 an ft1 nation was added to sub-section (7) of section 46. in the explanation no clear right was ..... only on the goods and cannot be attached to the persons. the division bench thereafter considered the scheme contained in the bombay district local boards act, 1923 as amended by act 23 of 1938 and the relevant provision which empowered the local board to file suit is contained in section 72 of the said ..... think that this decision can be successfully pressed into service by trig learned assistant government pleader in support of his contention. the marked difference between the provision contained in section 164 of the district municipal act (which is part material with section 72 of the bombay district local boards act, 1923 as amended by act 23 of 1938) and section .....

Babulal Vadilal Vs. Ambica Iron and Steel Works Re. Rolling

Court : Gujarat

Reported in : (1974)15GLR474

..... rai a.i.r. 1933 patna 67 that 'it is now well-settled that with the addition of sub-section (3) section 98, civil procedure code, made by the repealing and amending act, 18 of 1928, that section has no application to cases heard by a division bench of a chartered high court, whether in appeals from decrees of subordinate courts, or from ..... the invitation of page j., and with a view to leave no scope for doubts or debate, introduced sub-section (3) in section 98 by the repealing and amendment act 18 of 1928. since then the calcutta high court has taken the view that the procedure in case of difference of opinion in appeals from subordinate courts also is governed ..... position by removing a doubt which was cast upon it by some judicial decisions. that is made clear by the statement of objects and reasons of the repealing and amending act 18 of 1928 where it is stated that the object of introduction of sub-section (3) in section 98 is to enact more clearly the provision which was previously .....

Mohammad Zuber Noormohmad Changwadia Vs. State of Gujarat

Court : Gujarat

Reported in : (2000)1GLR396.

..... 6. the learned additional sessions judge, banaskantha at palanpur, after considering and appreciating the evidence on record, was of the view that the prosecution has successfully established the guilt against the appellant for having committed offence punishable under section 376 i.p.c. and, therefore, he accordingly passed the order of ..... his evidence regarding conversation with dr. jadeja for removing the prosecutrix to civil hospital and his becoming desperate on hearing from his wife about the illicit act committed by the appellant with his daughter. however, these contradictions are not material and major contradictions, which would adversely affect the prosecution case. by ..... to us that instead of helping the cause of the prosecutrix, not only he had not performed his duties as medical officer sincerely, but had acted in a very casual manner by not treating the prosecutirx. even if we believe that there were certain contradictions and improvements in the evidence of mirmohamad .....

Olwin Tiles (India) (P.) Ltd. Vs. Deputy Commissioner of Income-tax

Court : Gujarat

..... reopening of an assessment which was previously framed after scrutiny. the observations of the supreme court of requirement of reason to believe even after amendment in section 147 of the act therefore, must be seen in background of such facts. we are afraid, the supreme court never meant to convey that to reopen an ..... on the other hand, learned counsel shri desai for the department opposed the petitions contending that the original assessment was accepted under section 143(1) of the act without scrutiny. there is, therefore, no question of change of opinion. the assessing officer has recorded valid reasons to form a belief that income chargeable to ..... assessing officer, would not imply that the additional amount represents the unexplained cash credit of the assessee company which would be covered under section 68 of the act. 4.2 counsel lastly submitted that in any case, the assessee company had not commenced its manufacturing activity till such investments were made. therefore, there .....

Krishnarao Balwantrao Udar Vs. Patesingh Gemalsing Rana and ors.

Court : Gujarat

Reported in : (1964)5GLR536

..... (5) of section 15 and the explanation thereto the power is wide enough and if there is a dispute regarding the computation of votes the election of the successful candidate can be set aside after scrutiny and fresh computation of votes. the power to set aside an election is not confined to the two cases contemplated by clauses ..... the provisions similar to the provisions with which we have to deal were set out in the representation of the people act 1951 before its subsequent amendment. under sub-section (2) of section 33 it was provided in that act as follows:(2) any person whose name is registered in the electoral roll of the constituency and who is not ..... case and to declare a particular candidate elected in the other.but apart from those two cases the district judge has the power to pass an order confirming or amending the declared result of the election or setting the election aside.this decision supports the view which we have taken as regards the proper interpretation of sub-section ( .....

Cibatul Limited Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : 1979CENCUS404D; (1980)GLR284; (1980)GLR825

..... into force on 1st october 1975 by a 'notification issued on' 8th august 1975. according to mr. bhatt, these facts-show that the material section of the amending act section 2- which amended section 4-was enacted before the second 'emergency was proclaimed. we are not expressing any opinion on this aspect because the petitioners did not have a reasonable opportunity ..... so produced, as the central government may fix. the contentions which were raised were as follows. the duty sought to be imposed under section 12 of the rubber act as amended was outside the ambit of entry 84 in the union list and, therefore, beyond the legislative competence of the parliament. section 12(2) suffered from the vice of ..... no others.' section 6 provides as follows ;a person shall be deemed to be a relative of another if, and only if, -(a) they are members of a hindu undivided family; or(b) they are husband and wife; or(c) the one is related to the other in the manner indicated in schedule 1a.schedule ia gives the .....

Vasantlal Dhansurhlal Jariwala Vs. G.N. Dike, Secretary to Govt. of Gu ...

Court : Gujarat

Reported in : (1976)17GLR122

..... of the grounds for an order of detention is bad, the whole order is vitiated. the major change which has been brought about by the cofeposa act as distinguished from misa as amended by ordinance no. 11 of 1974 is that instead of a general law relating to preventive detention which provided for detention also on the ground of ..... must call its attention to the matters which it is bound to consider.there is also one other ground on which the subjective satisfaction reached by an authority can successfully be challenged and it is of late becoming increasingly important. the genesis of this ground is to be found in the famous words of lord halsbury in sharpe v ..... made by the state government to the central government.33. even if it were to be considered that the change in the phraseology between the misa as amended by the ordinance and cofeposa act regarding the contents of the report, makes a difference, so far as the central point which arises for consideration, there is no material change. an .....

Nathalal Govindji Jhagada Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1981)22GLR503

..... illegal.8. it may be pointed out that so far as the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as cofeposa act), is concerned, by an amendment inserted by act 35 of 1975 it has been specifically provided that where a person has been detained in pursuance of an order of ..... the detenu is going to be discharged from the criminal cases for want of sufficient evidence for successful prosecution can very well take the view that it is necessary for the purpose of preventing the detenu from acting in a manner prejudicial to the maintenance of public order that he should be detained and if ..... forming the sanchalan samiti for conducting the students agitation or that he readily agreed to become a member of that samiti cannot justify the conclusion that these acts are calculated to disturb public order. peaceful protests and the voicing of a contrary opinion are powerful wholesome weapons in the democratic repertoire. it is therefore .....

Ambalal Ranchhodji Thakor Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR795

..... 320, page 291), the 'presumption of innocence is, no doubt presumptio juris; but everyday's practice shows that it may be successfully encountered by the presumption of guilt arising from the recent (unexplained) possession of stolen property', though the latter is only a presumption ..... the hearing of the petition when the learned advocate has, by way of amendment, raised the question of vires of some of the provisions of the n.d.p.s. act. under the rules, when a petition is filed challenging the vires of ..... not five years or more in any case, which is a bare requirement to apply section 37 of n.d.p.s. act act.(5) that in view of the diverse opinion of j.m. panchal j. in misc. criminal application no. 2309 of 1995 ..... accordance with the terms and conditions of such licence, permit or authorisation:provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, .....

Jaisinh Jodhabhai Vaisya and Grofed Employees Union Vs. Laxmanbhai Ars ...

Court : Gujarat

Reported in : 2001CriLJ2002; (2001)IILLJ511Guj

..... without noticing the said decision of the supreme court and it would be a per incuriam decision. it has been held by the supreme court in commissioner for hindu religious and endowments & anr. v. c. laxminarasimhaiah reported in 1990 suppl. scc 164 that a decision of the high court given without noticing the decision ..... in accordance with the same procedure and practice as it has and exercises in respect of contempt of itself.'6.1 section 119a of the bombay industrial relations act, 1946 deals with contempt of industrial courts, labour courts and wage boards relating to omission to produce documents or to furnish any information, intentional insult, ..... with the same practice and procedure in respect of contempt of courts subordinate to them as they had in respect of contempt of themselves. the contempt of courts act, 1952 re-enacted the provisions thereof in substantially the same language. in brajnandan sinha vs . jyoti narain reported in : 1956crilj156 , the supreme court, after .....