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Judgment Search Results Home > Cases Phrase: hirepurchase repeal act 2005 Court: uttaranchal Page 8 of about 131 results (0.056 seconds)

Dec 02 2005 (HC)

Dayal Singh Vs. Janki Devi and ors.

Court : Uttaranchal

Reported in : III(2006)ACC171

..... it has been submitted on behalf of the insurance company that under section 96(2)(b) of the motor vehicles act, 1939 which correspondence to section 149 of the act, the insurance company is entitled to defend the case on the ground that there has been breach of a specified condition to the policy i.e. ..... this appeal has been preferred under section 173 of motor vehicles act, 1988 (in short the act) against the judgment and award, dated 5.9.1998 passed by motor accident claims tribunal/district judge, chamoli (in short the tribunal) in m.a.c. ..... the apex court considered the provisions of sub-section (2)(b)(ii) of section 96 of 1939 act and held as follows:section 96(2)(ii) should not be interpreted in a technical manner. ..... condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act. .....

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May 22 2004 (HC)

Sulochana Devi and ors. Vs. Ist Additional District Judge and ors.

Court : Uttaranchal

Reported in : II(2005)ACC239

..... brief facts giving rise to the present appeal are that the appellants-petitioner have filed a claim petition under section 110 of motor vehicles act, for grant of compensation on account of death of sri mohan lal juyal in a motor vehicle accident, the petitioners have stated that on 14th december, 1984 at about 1.40 p.m. .....

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May 18 2004 (HC)

Niaz Mohd. and ors. Vs. Sunder Mani Bhatt and ors.

Court : Uttaranchal

Reported in : 3(2005)ACC179

..... briefly stated the facts giving rise to the present appeal are that appellants filed a petition under section 166 pf the motor vehicles act, before the motor accident claims tribunal, tehri garhwal for grant of award of compensation due to the death of smt. .....

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Jul 17 2006 (HC)

S.K. Srivastava and Etc. Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : AIR2007Utr52

..... the facts and circumstances of the case, we provide that in case the petitioners pay the additional tax, they may be permitted to ply the vehicle under the uttaranchal act and relating to the payment of tax from the period for which they were not permitted to ply the vehicle, the petitioners may make a representation to the taxation authority, ..... the petitioner seeks a writ, order or direction in the nature of certiorari to declare section 6 of the uttaranchal motor vehicles taxation reforms act, 2003 ultra vires, unconstitutional and to struck down the same and a similar relief of mandamus of the court as in the first writ ..... manu/sc/0327/1980 : [1980]3scr1388 (supra) and contended that similar provision contained in kerala motor vehicles taxation act (24 of 1963) came up for consideration before the apex court wherein while explaining the use of the expression 'vehicle used or kept for use', the apex court upheld the levy ..... act, 1997 was applicable in the state of uttaranchal as well which has been repealed vide section 30 (1) of the uttaranchal act ..... 849 of 2005, the petitioners seek mandamus of this court directing and commanding the respondents not to charge the double taxes and the buses may not be stopped on the basis of non-payment of additional taxes for the route falling in the territory of the state in addition to the relief of declaring sections 5, 6 and 12 of the uttaranchal motor vehicles taxation reforms act, 2003 to be ultra vires, unconstitutional and to struck ..... of 2005, .....

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Jul 09 2010 (HC)

State of Uttarakhand and anr. Vs. Ski and Snow Resorts Pvt. Ltd.

Court : Uttaranchal

..... -emption act and the expression 'agricultural land' in the later act has to be read as if the definition in the alienation of land ..... , 'where a statute is incorporated, by reference, into a second statute the repeal of the first statute by a third does not affect the second', it was observed as follows:where the provisions of an act are incorporated by reference in a later act the repeal of the earlier act has, in general, no effect upon the construction or effect of the act in which its provisions have been incorporated.in the circumstances, therefore, the repeal of the punjab alienation of land act of 1900 has no effect on the continued operation of the pre ..... : (2005) 8 scc 104 the supreme court held as follows:9. ..... 2005 (8) scc 504, the supreme court held as under:in maxwell on the interpretation of statutes (twelfth edition 1969) on page 28 it is said that the primary rule is to give literal construction and if there is nothing to modify, alter or qualify the .....

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Dec 02 2008 (HC)

Amitabh Textile Mills Ltd. Vs. Official Liquidator and ors.

Court : Uttaranchal

Reported in : [2010]153CompCas715(Uttaranchal)

..... even without notice and without apparent consideration and appreciation of all such aforesaid efforts made towards the rehabilitation of the company, as well as the compromises actually effected, vide impugned order dated july 29, 2005, confirmed the opinion of the bifr for winding up of the company and issued notice to the official liquidator to complete the proceedings within six months and directed the promoters from alienating or changing the ..... compromise with the secured creditors, namely, idbi and pnb was proposed under section 391 of the companies act, 1956, which envisaged a compromise or arrangement between the company and its creditors or between the company and ..... the company court on august 6, 2004, passed an order under sections 255, 441 and 443, of the companies act, approving induction of the co-promoters sri baldev singh mann and sri deepak jain as directors of the company and also directed to prepare the rehabilitation scheme, submit the same to the secured ..... however, normally, such opinion being one tendered by the board consisting of experts acting judicially will have a greater weight in deciding the question as to proceeding with the winding up of the ..... scheme of compromise was made with the idbi and pnb under section 391 of the companies act on the strength of the amounts provided by the said new promoters to the tune of ..... a reference under section 15(1) of the sick industrial companies (special provisions) act, 1985 ('the sica') was made by the company to the bifr .....

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Jun 20 2006 (HC)

Umesh Maheshwari and Etc. Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : 2007CriLJ1690

..... 2003 under section 506 of ipc and under section 3(1)(x) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, which relates to the incident dated 15-2-2003 in which some municipal employees were insulted and intimidated.8. ..... on 1-11-2000, an unlicensed firearm was recovered from him and the petitioner was challaned under section 25 of the arms act; and(ix) he (gurumukh singh alias gorkha) along with his associates was involved in crime no. ..... sanjai pratap gupta reported in 2005 supreme court cases (cri) 366 : 2004 cri lj 4600, the expression 'public order', 'law and order' and 'security of state' are explained in which it has been held that it is not the number of acts which matters but the magnitude and other circumstances of the crime which may create terror in the ..... consequently, impugned detention order was passed and served on 22-7-2005 on the petitioner gurumukh singh alias gorkha asking him that he may make representation against the detention ..... consequently, impugned detention order was passed and served on 22-7-2005 on the petitioner asking him that he may make represervation against the ..... petitioner was taken into custody in connection with above crime, he was served with the impugned detention order on 22-7-2005 through the superintendent, district jail, nainital. ..... petitioner was taken into custody in connection with above crime, he was served with the impugned detention order, on 22-7-2005 through the superintendent, district jail, nainital. .....

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Oct 08 2007 (HC)

Uttaranchal Iron and Ispat Ltd. Vs. Trade Tax Tribunal, Dehradun Bench ...

Court : Uttaranchal

Reported in : (2008)13VST245(NULL)

..... of the conditions, subject to which the facility of exemption from, or reduction in the rate of tax was granted or that the new unit to which the eligibility certificate has been granted in accordance with the provisions of this act is not entitled to facility under this section or is entitled to such facility for a lesser period or from a different date he may, by order in writing passed before or after the expiration of the period of exemption ..... the eligibility certificate was granted in favour of the transferor-manufacturer, the officer competent to grant eligibility certificate was required under sub-section (2b) of section 4a of the act to compute the unexpired portion of the period and grant the exemption certificate for unexpired period as there was already approval of the committee in favour of the unit.17. ..... the commissioner, trade tax, as well as the appellate tribunal is contrary to the clear provision of law contained in sub-section (2b) of section 4a of the act read with clause (f) of rub-rule (3) of rule 25 of the trade tax rules.accordingly, the questions are answered in favour of revisionist and the revision ..... the tribunal rejected the appeal, vide impugned order dated april 21, 2005 and held that the divisional level committee should de novo consider the eligibility of the applicant in accordance ..... of the uttaranchal trade tax act, 1948 (hereinafter referred to as, 'the act') has been filed against the judgment and order dated april 21, 2005 passed by respondent no. .....

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Apr 27 2009 (HC)

Pooran Chandra Lohani S/O Sri Jai Dutt Lohani Vs. Kailash Chandra Chil ...

Court : Uttaranchal

Reported in : AIR2010Utr3

..... where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the furtherprogress of the suit, for which time has been allowed, [the court may, notwithstanding such default, - (a) if the parties are present, proceed to decide the suit forthwith; or(b) if the parties are, or any of ..... (amendment) act, 1976 provides that any amendment made, or any provision inserted in the principal act by a state legislature or a high court, before the commencement of this act, shall, except in so far as such amendment or provision is consistent with the provision of principle act as amended by this act, stand repealed. ..... manu/up/1451/2005 : 2005(4)awc3704 , and m.s. ..... as inserted by allahabad high court amendment and the explanation attached thereto will have no application after the code of civil procedure (amendment) act, 1976, came into force? ..... that being so, it cannot be said that the allahabad high court amendment which was added to rule 2 of order xvii stood repealed w.e.f. ..... re-organization act, 2000 (central act no. ..... (amendment) act 1976, came into force. ..... (amendment) act, 1976. ..... (amendment) act, 1976, w.e.f. ..... money lending act?7. .....

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Feb 19 2010 (HC)

Telecommunication Consultants India Ltd. Vs. Commissioner of Commercia ...

Court : Uttaranchal

Reported in : (2010)29VST265(NULL)

..... dissatisfied with the assessment order dated 28.02.2003 as well as the appellate order dated 21.09.2005, the revision petitioner filed a further appeal under section 10(2) of the trade tax act, 1948, read with the adoption and modification order, 2002, before the commercial tax tribunal, uttarakhand, ..... transfer referred to in clause (a) of sub-section (1) whether such transfer was agreed to during that assessment year or earlier, -(i) the amount representing the value of the goods covered by sections 3, 4 and 5 of the central sales tax act, 1956;(ii) the amount representing the value of the goods exempted under section 4;(iii) * * *(b) (i)-(xii) * * * * * *the aforesaid provisions show that so far as the inter - state sales are concerned, in substance ..... from gurgaon (haryana), thus, the taxable event, namely, the transfer was complete in delhi, but if the hirer uses the car in bombay, the maharashtra act treats such a deemed sale as taxable by that state on the mere use of the car in maharashtra state which has no nexus with the taxable event under sub-clause (d).xxxx xxxx90. ..... and the lease agreement are separate or constitute one integral transaction.it is true that explanation ii(a) to section 2(n) of the act lays down that notwithstanding anything contained in the indian sale of goods act, 1930, a sale or purchase of goods shall be deemed for the purpose of the act to have taken place in the state, wherever the contract of sale or purchase might have been made, if the goods .....

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