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The Government of Tamil Nadu. Vs. Ms. Mecca Prime Tannery and ors.

Court : Chennai

..... land, and hence, it violates the principles of natural justice.from a perusal of the records, it is evidently clear that although the land was transferred by the original land owner much before the repealing act came into force in that area, the competent authority proceeded with the ceiling proceedings and declared the land belonging to the writ petitioners as surplus without giving notice to the respondents who were ..... that since the possession of the lands continued to be with the petitioners, in view of the interim injunction being in force all along the, petitioners are entitled to the benefits of 1999 repealing act.learned additional advocate general is not in a position to satisfy us that physical possession of the land either delivered by the land owner to the government or the government took possession of the ..... board also inspected the acquired property and found that there are people inside the acquired property, and hence, the board sent a letter dated 02.06.2005 to the assistant engineer, tamil nadu electricity board requesting not to give electricity connection to the persons residing inside the acquired property. ..... above aspects, after the writ petition was allowed, the 2nd appellant passed an order on 17.10.2008 in r.c.no.1307/2005(g2) stating that necessary changes in the revenue records may be made in favour of the urban land owner as ..... has preferred this appeal challenging the order of the learned single judge dated 29.11.2005 passed in w.p.no.35275 of 2004 ..... .....

Venkataraman @ Murali @ Raja, Vs. R. Venugopal and R. Ganesan @ Vinaya ...

Court : Chennai

Reported in : (2008)2MLJ348

..... it cannot be gainsaid that the pondicherry civil courts act, 1966 was amended by act 5 of 2005 on 15.7.2005 which deals about the jurisdiction of district judge, subordinate judge and district munsif in original suits etc. ..... provision any law in force in pondicherry or any area thereof corresponding to any act referred to in sub-section (1) of section 3 or any part thereof (except in so far as such law continues to be applicable to renoncants) shall stand repealed as from the coming into force of the said act in pondicherry and sub-section (2) of section 4 enjoyed that; nothing in sub-section (1) shall affect-(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or(b) any right, privilege, obligation or liability ..... acquired, accrued or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against .....

Sulochana Chandrakant Galande Vs. Pune Municipal Transport and ors

Court : Supreme Court of India

..... before the high court of maharashtra and the said writ petition has been allowed vide judgment and order dated 20.02.2006 in spite of the fact that the act, 1976 stood repealed by the urban land (ceiling and regulation) repeal act, 1999 (hereinafter called `act 1999') with effect from 18.03.1999. ..... section 34 reads as under :-"the state government may, on its own motion, call for and examine the records of any order passed or proceeding taken under the provisions of this act and against which no appeal has been preferred under section 12 or section 30 or section 33 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of such procedure and ..... has to simply proceed on the basis of the dictionary meaning of the words "at any time", the suo moto power under sub- section (4) of section 50-b of the act could be exercised even after decades and then it would lead to anomalous position leading to uncertainty and complications seriously affecting the rights of the parties, that too, over immovable ..... ) 7 scc 667, this court considered the provisions of the andhra pradesh (tilangana area) tenancy and agricultural lands act, 1950, wherein the provisions contained in section 50-b(4) empowered the statutory authority to exercise suo moto revisional power at ..... air 2005 sc ..... , air 2005 sc 954; and ai champdany ..... , air 2005 sc 3581; bangalore development authority & ..... , (2005) 12 scc 508; and government of andhra pradesh ..... , (2005) 12 scc 508; and hari ram .....

Finite Infratech Ltd Vs Ifci and ors

Court : Delhi

..... uti repeal act, the specified company and/ or the administrator were incorporated in clause (v) of section 4a(1) of the ..... held that by virtue of section 18, clause (v) of section 4a(1) of the companies act, 1956 would, in effect, be read as:- "specified company referred to in the unit trust of india (transfer of undertaking and repeal) act, 2002" or"administrator of the specified undertaking of the unit trust of india referred to in the unit trust of india (transfer of undertaking and repeal) act, 2002" in place of:-"the unit trust of india, established under section 3 of the unit trust of india act, 1963 (52 of 1963);" consequently, because of the provisions of section 18 of the ..... state of chhattisgarh: (2005) 5 scc 420). .....

O.L. of Commercial Ahmedabad Mills Ltd. Vs. Manager, State Bank of Ind ...

Court : Gujarat

Reported in : [2009]147CompCas243(Guj)

..... the court, therefore, directed the state government to file its affidavit pointing out that what would be the effect of the repealing act and how the state government entered in possession when the property was in possession of the court through the agency of the ..... having heard the learned advocates appearing for the respective parties at great length and having considered relevant documents and materials in light of statutory provisions contained in the companies act, 1956 as well as ulc act and authorities cited before the court by learned advocates, the court is of the view that relief claimed by the official liquidator in his report as well as company application needs ..... has further submitted that the state government in response to the aforesaid company application has produced necessary documents to show that the competent authority had acted in accordance with the provisions of the ulc act and notice and intimation were given as contemplated by the provisions of the said act and, thereafter, had taken possession and it was not necessary to obtain leave of the company court for initiating and pursuing the provisions ..... , the valuation of the movable and immovable assets and properties of the company was made and thereafter on 05.09.2005, the re-valuation of the land of the company was made. ..... upto 15.06.2005, various meetings of sale committee took place for deciding the issue of sale of land and on 15.06.2005, it was decided to have revaluation of ..... was made on 05.09.2005. .....

Swanston Multiplex Cinemas P. Ltd. Vs. the State of Maharashtra and or ...

Court : Mumbai

Reported in : 2008(6)ALLMR580; 2009(2)BomCR298; (2008)110BOMLR3667; 2008BusLR61(Bom)

..... pursuance of the ordinance dated 29th november, 2005 which was converted into an act on 27th december, 2005 which was converted into an act on 27th december, 2005 as the bombay entertainment amendment act, 2005 (act no. ..... multiplex theatre complexes and, therefore, it decided to offer special concessions as an incentive for a period of 5 years in the entertainment duty subject to certain conditions which have been incorporated by the amending act which introduces sub section 13 in section 3 of the principal act after sub section 12 and sub section 13(a) (i) provided for the first three years from the date of commencement of the multiplex theatre complex, no duty, i.e ..... . on the other hand, it would deprive them of the incentive which has been specifically offered under the scheme for which the act came to be amended and would be in total conflict with the object and reasons with which the government sought amendment of the act nor this can be considered as a case of unjust enrichment as even, otherwise, the gross admission fee which the patron is supposed ..... exemption, the state is not entitled to recover from them entertainment tax / duty to the extent of 45% which was the standard entertainment tax / duty leviable as entertainment tax / duty under the act, as they were exempted to the extent of 75% of the entertainment tax / duty during the said period and obviously, this cannot be read as a case of unjust enrichment.56 ..... bombay entertainments duty (amendment) ordinance, 2001 came to be repealed .....

White Circles Oxides Ltd., Rep. by Its Managing Director, M.V. Ramana ...

Court : Andhra Pradesh

Reported in : 2008(2)ALT257

..... further, strong reliance is placed at paragraph 6 of the proceeding which reads as under:pursuant to the industrial development bank of india (transfer of undertaking and repeal) act, 2003 (hereinafter referred to as 'the transfer act') read with the notification dated 29.9.2004 issued by the central government, with effect from 1.10.2004, the undertaking of idbi has been transferred to and vested in the industrial development bank of india ltd. ..... wcol/idbi-vcd/2007, dated 21.6.2007, letter dated 19.2.2007, minutes of the meeting dated 26.9.2005 and a copy of the caveat filed by the respondent dated 7.8.2007. ..... the liability to pay the dues to the 1st respondent as on 31.3.2005 has also been acknowledged by the petitioner in form-a submitted by it to the bifr. ..... . therefore, the company filed the reference with the board.he further submitted that the promoter subsequently developed a new product micronized reactive spinel in april, 2005 and the product had been doing well ..... as you expressed difficulties in repayment of the financial assistance and payment of interest and other monies due under the loan agreement at your request, idbi on two occasions vide its letters dated 23.1.2004 and 31.3.2005 granted to you certain reliefs and concessions viz. ..... consequentially, a reference was made to the bifr on 2.11.2005 whereupon the bifr issued notices to all the financial institutions including the respondents and took up the matter for considering grant of nursing and rehabilitation scheme. .....

R.R. Nadham Represented by Power of Attorney N. Chiranjeevi Vs. State ...

Court : Chennai

Reported in : (2009)8MLJ1335

..... the one and only contention of the learned senior counsel for the petitioner is that in view of the commencement of the tamil nadu urban land (ceiling and regulation) repeal act, 1999, the entire proceedings initiated by the respondents for acquisition of the excess vacant land of the petitioner would become ab initio void and that the entries, if any, made in the revenue records would have no ..... 35490 of 2004, by an order, dated 23.09.2005, this court has held that when physical possession continues with the owner, the statutory vesting under section 11(3) of the tamil nadu urban land (ceiling & regulation) act, 1978, is of no relevance and therefore under section 4 of the repealing act, act 20 of 1999, the entire proceedings initiated under the principal act would stand abated.(vi) v. ..... once the possession is not taken over by the government as held by us, all the proceedings under the act must be held to have abated under section 4 of the repealing act in view of the categorical pronouncement of the constitutional bench of the honourable apex court in smt. ..... in the aforesaid circumstances, the respondents cannot take advantage of section 3 of the repealing act 20 of 1999 and nor deny the advantage under section 4 to the appellants. ..... further in view of section 4 of tamil nadu urban land (ceiling and regulation) repeal act, 1999 (act 20 of 1999), the proceedings initiated by the respondents abates. .....

Jagtar Singh Vs. the Chief Settlement Commissioner and ors.

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC1

..... 44/1954) and because the said act had been repealed by the displaced persons claims and other laws repeal act, 2005 (central act no. ..... 38/2005) and since there was no saving clause in the aforesaid repealing act, the revision petition was not maintainable.3. ..... 10 of 1897) which very clearly stipulates and lays down that despite repeal of any central act, such repeal shall not affect the previous operation of any enactment repealed, or anything duly done or suffered thereunder nor such repeal shall affect any right acquired etc. ..... clause (e) of section 6 also clearly lays down that the repeal shall not affect any legal proceeding or remedy in respect of any right, privilege etc. ..... under the repealed enactment etc. ..... which might have accrued under the repealed enactment. ..... apparently, the learned financial commissioner (appeals) was not aware of section 6 of the general clauses act, 1897 (central act no. ..... 96 of 2001 only on the ground that since the aforesaid revision petition had been filed under section 33 of the displaced persons (compensation and rehabilitation) act, 1954 (central act no. .....

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

..... of the statute if the income tax officer or the appellate assistant commissioner is satisfied about the matters referred to in clauses (a) to (c) of sub-section (1) of section 271 during the course of proceedings under the act even though notice to the person proceeded against in pursuance of that satisfaction is issued subsequently..it would, indeed, be the satisfaction of the income tax officer in the course of the assessment proceedings regarding the concealment of income ..... cargo and mail to and from india; and(ii) rendering engineering and ground-handling services to aircrafts operated by other airlines in india.3.2 on 11.02.1994, the government of india as empowered under the provisions of section 90 of the act, entered into a double taxation avoidance agreement (in short =dtaa) with the government of united kingdom.3.3 it was the claim of the petitioner that by virtue of the provisions of article 8 of dtaa the profits from both the ..... amendment brought about in section 26 of the maharashtra tax laws (levy, amendment and repeal) act, 1989 (maharashtra act 9 of 1989) the facility of drawback, set off etc ..... cit(a) vide order dated 04.03.2005 sustained the penalty imposed by ..... by an order dated 15.07.2005 deleted the penalty imposed ..... chettiar : (2005) 273 itr ..... auto lamps: : (2005) 278 itr 32 and ..... 2005 ..... : (2005) 277 ..... : (2005) 277 ..... : (2005) 277 itr 337 (delhi) while dismissing the appeal of the revenue made note of the fact from the order of the tribunal that there was no record of satisfaction .....