Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: supreme court of india Page 83 of about 10,984 results (0.826 seconds)

Labh Singh and ors. Vs. Bachan Singh

Court : Supreme Court of India

Reported in : AIR2008SC1432; 2008(1)AWC530(SC); (SCSuppl)2008(2)CHN22; JT2008(1)SC584; (2008)149PLR238; 2008(1)SCALE369; (2008)4SCC140; 2008AIRSCW1450; AIR2008SC1432; 2008(4)SCC140; 2008(1)SCALE369; 2008(3)LH(SC)2102; 2008(2)ICC168

..... the sale by angrezo, a female vendor?6. the high court was of the view that right of preemptor cannot be defeated by virtue of amendment in section 15 of the act taking away right on the basis of co-sharer.7. in support of the appeal, learned counsel for the appellants submitted that the high court ..... which justified its recognition quarter of a century ago namely, the preservation of the integrity of rural society, the unity of family life and the agnatic theory of succession are today irrelevant. the list of kinsfolk mentioned as entitled to pre-emption is intrinsically defective and self-contradictory. there is therefore no reasonable classification and clauses 'first ..... supra) it was inter alia observed as follows:we are thus unable to find any justification for the classification contained in section 15 of the punjab pre-emption act of the kinsfolk entitled to pre-emption. the right of preemption based on consanguinity is a relic of the feudal past. it is totally inconsistent with the .....

National Insurance Company Ltd. Vs. Annappa Irappa Nesaria and ors.

Court : Supreme Court of India

Reported in : 2008ACJ721; AIR2008SC1418; 2008(3)ALD7(SC); 2008(2)ALLMR(SC)328; 2008(1)AWC897(SC); JT2008(1)SC617; 2008(2)KarLJ651; (2008)3MLJ502(SC); (2008)149PLR251; RLW2008(2)SC1484; 2008AIRSCW906; 2008ACJ721; 2008(3)SCC464; (2008)2SCC(Cri)99; 2008(3)CivilLJ229; 2008(1)SCALE642; 2008(2)LH(SC)105

..... in ashok gangadhar maratha v. oriental insurance company ltd. : air1999sc3181 .8. the motor vehicles act, 1988, which was enacted to consolidate and amend the law relating to motor vehicles, is a complete code.9. section 2 of the act provides for interpretation of the terms contained herein. it employs the words 'unless the context otherwise ..... requires'. section 2(16) of the act defines 'heavy goods vehicle' to mean any goods carriage ..... of vehicles. clause (e) provides for 'transport vehicle' which has been substituted by g.s.r. 221(e) with effect from 28.3.2001. before the amendment in 2001, the entries 'medium good vehicle' and 'heavy goods vehicle' existed which have been substituted by 'transport vehicle'. as noticed hereinbefore, 'light motor vehicles' .....

Excise Commissioner and ors. Vs. Ajith Kumar and anr.

Court : Supreme Court of India

Reported in : JT2008(6)SC313; 2008(7)SCALE166; (2008)5SCC495

..... . the sole question which, thus, arises for our consideration in this appeal is the application of rule 25a of kerala abkari shops (disposal in auction rules) amendment rules, 2000. it reads thus:25a. reduction of interest in certain cases - (i) notwithstanding anything contained in this rule or any other rules made under the abkari ..... of the application the asst. excise commissioner shall contact the revenue recovery authority concerned in whose cases the amount has been recommended for realization under the revenue recovery act and shall calculate the quantum of the rentals, taxes, duties and other amounts and interest payable under rule as on the date of the application and the amount ..... terms of the kerala abkari shops (disposal in auction) rules, 1974 (the rules) is the question involved herein.3. first respondent was a licencee under the abkari act for the period 1.4.1993 to 31.3.1994. they conducted business for the period 1.4.1993 to 12.8.1993 only, as their licence was cancelled .....

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... considered various safeguards and remedies available to the aggrieved party. in paragraph 30 of the decision, it was inter alia observed;furthermore, section 30, after amendment by the amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. thus now an ..... officer from confirming the same till further orders. consequently, the auction was held and concluded on 30.10.2004 and the appellant herein was declared to be the successful bidder. consequently, as per rules laid down, the appellant deposited 25% of the reserve price immediately. on 11.11.2004, the appellant made an application to ..... but ordered that the sale should not be confirmed till further orders. on october 30, 2004, auction was concluded and the appellant herein was declared the highest and successful bidder at rs. 12.52 crores. it deposited 25% of the reserve price. on november 2, 2004, on an application by the appellant, drt appointed representative .....

Sangam Spinners Vs. Regional Provident Fund Commissioner-i

Court : Supreme Court of India

Reported in : AIR2008SC739; 2008(1)AWC133(SC); [2008(116)FLR167]; (2008)ILLJ661SC; (2008)1SCC391; 2007AIRSCW7892; 2008(1)SCC391; 2008(3)KCCR1721

..... a period of three years from the date on which such establishment is, or has been set up.9. thereafter, section 16 was again amended by employees' provident funds and miscellaneous provisions (amendment) act, 1988, omitting clause (d) with explanation in sub-section (1) of section 16 with effect from 22.9.1997. (the said omission ..... an establishment shall not be deemed to be newly set up merely by reason of a change in its location.8. section 16 was further amended by the employees' provident funds and miscellaneous (amendment) act, 1988 with effect from 1.8.1988, and clause (b) of sub-section (1) of section 16 was substituted by clauses (b), ..... established whether before or after the commencement, of this act unless three years have elapsed from its establishment.6. section 16 was amended by the employees' provident funds (amendment) act, 1958 and sub-section (1) of section 16 of the principal act was substituted as under:(1) this act shall not apply to any establishment until the expiry of .....

Parag Construction Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : 2009(1)BomCR629; 2008(15)SCALE432:2009AIRSCW273:2009(2)LHSC758

..... there was no question of the ownership and/or possession being transferred to the petitioners/appellants by the court receiver. if that is so, the amended property cards of city survey office loose all the significance. it is needless to mention that this contradiction stands explained by the affidavits of city survey ..... , government of maharashtra also amended the provisions of maharashtra regional and town planning act, 1960 (`the act' herein) and by these amendments, the powers of planning authority were given to sra for implementation of slum rehabilitation projects. this is how the ..... regulation no. 33(10) (hereinafter called `dcr'). the maharashtra government also amended the provisions of maharashtra slum area (i.c & r) act, 1971 and inserted a chapter 1a therein. sra was established under section 3a of the slum act for implementation of the slum rehabilitation projects in mumbai city. at the same time .....

international Cotton Corporation (P) Ltd. Vs. Commercial Tax Officer, ...

Court : Supreme Court of India

Reported in : (1974)3CTR(SC)265

..... consequent on the decision in yaddalams case. after the central sales tax (amendment) act, 1969 and the decision of this court in josephs case there was no question about the error not being apparent on the face of the record. the ..... and section 8(2a) there was no error apparent on the face of the record. clearly when it said that the effect of the central sales tax (amendment) act, 1969 is to supersede the judgment of this court in yaddalams case the sales tax authorities were undoubtedly entitled to rectify their earlier rectification order which was made ..... any business, imposition of the tax liability of a person carrying on business on the transferee of or successor to such business transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, .....

State of West Bengal and ors. Vs. the Committee for Protection of Demo ...

Court : Supreme Court of India

Reported in : 2010(2)KCCR785,RLW2010(1)SC822,2010(2)SCALE467,2010(2)LC1047(SC):(2010)3SCC571

..... judicial review stands entirely on a different pedestal. being itself part of the basic structure of the constitution, it cannot be ousted or abridged by even a constitutional amendment. [see: l. chandra kumar v. union of india and ors. (supra)]. besides, judicial review is otherwise essential for resolving the disputes regarding the limits ..... 1993) 2 scc 746 and l. chandra kumar v. union of india and ors. : (1997) 3 scc 261. relying on the decision of this court in dwarkanath, hindu undivided family v. income-tax officer, special circle, kanpur and anr. : [1965] 3 s.c.r. 536, learned counsel emphasised that the powers of the high court ..... legislature involves limitation on legislative powers and, therefore, this requires an authority other than the parliament to ascertain whether such limitations are transgressed. judicial review acts as the final arbiter not only to give effect to the distribution of legislative powers between the parliament and the state legislatures, it is also necessary .....

Sau. Laxmi Verma Vs. State of Maharashtra and ors.

Court : Supreme Court of India

..... sub-section (2) of section 41 is required to be interpreted by us in this and the connected matter.3. it is pertinent to mention, prior to amendment carried out sometime in 1994, said section 41 stood as under:resignation of councillors - (1) a councillor may resign his office by tendering resignation in writing ..... letter would not tantamount to signing it before the collector which is pre- requisite for acceptance of the resignation, as contemplated under section 41(2) of the act. therefore, there was no valid resignation tendered by him, consequently, additional commissioner, learned single judge and division bench committed no error while recording a categorical ..... therein that he had in fact not resigned in accordance with law and there has been complete violation of sub-section (2) of section 41 of the act. thus, no fresh election should be conducted. but in the meanwhile election programme was already announced. the election programme so announced specifically mentioned that election .....

A.P.Dairy Dev.Corp.Federation Vs. B.Narasimha Reddy and ors.

Court : Supreme Court of India

..... law today and making it retrospective.........the provisions are so intertwined with one another that it is wellnigh impossible to consider any life saving surgery. the whole of the third amendment act must go. 23. in b.s. yadav & ors. v. state of haryana & ors., air 1981 sc 561, constitution bench of this court ..... v. state of punjab & anr., air 1996 sc 857, this court struck down the provisions of the east punjab urban rent restriction (amendment) act, 1956, on the ground that the amendment had taken away the right of landlord to evict his tenant from non-residential building even on the ground of bonafide requirement holding that such provisions ..... ground of requirement for his own use. the court further held that it is obvious from the objects and reasons of introducing the said amended act, that the primary purpose for enacting the act was to protect the tenants against the malafide attempts by their landlords to evict them. bona fide requirement of a landlord was, therefore, .....