Court : Supreme Court of India
Decided on : May-18-2007
Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962
S.B. Sinha, J.1. Validity or otherwise of certain provisions of the West Bengal Central Valuation Board (Amendment) Act, 1994 (for short 'the Amendment Act') is in question in these appeals which arise out of a judgment and order dated 24.12.2003 passed by a Division Bench of the High Court of Calcutta dismissing the writ petition filed by the appellant herein and, thus, upholding the impugned provisions thereof.2. Members of the appellant association are occupiers of lands and buildings situated within the territorial limits of the Bidhannagar Municipality. Annual valuation of lands and buildings for the purpose of assessment of municipal tax indisputably is governed by the provisions of the West Bengal Municipal Act, 1993 (for short 'the Municipal Act'). In terms of Section 110 thereof, the annual valuation of lands and buildings is required to be determined by the Central Valuation Board (for short 'the Board'). The Board was established under the provisions of the West Bengal Centr...
Tag this Judgment!Court : Delhi
Decided on : Jul-09-2007
Reported in : 146(2008)DLT455
..... even on the touchstone of articles 14, 19(1)(a) or 19(1)(g) and/or 301 to 307 of the constitution.does the trai act suffer from vice of excessive delegation40. section 11(2) of trai act states that notwithstanding anything contained in the indian telegraph act, the authority may notify the rates at which telecommunication services shall be provided; the authority may notify different ..... provider. what must be borne in mind, however, is that section 11 has been amended subsequent to the pronouncement of that decision vide the telecom regulatory appellate authority of india (amendment) act, 2000 with effect from 25-3-2000. the amending act has bifurcated the functions of the authority. it must now make recommendations under section 11(1)(a) and by virtue of section 11(1)(b) must discharge several functions ..... main enactment.' 25. learned counsel for the petitioners have laid great store on the following passages from j.k. industries ltd. v. chief inspector of factories and boilers : (1997)illj722sc :33. a proviso to a provision in a statute has several functions and while interpreting a provision of the statute, the court is required to carefully scrutinise and find out ..... and figures establishing their eligibility. the nature of the shareholding of the petitioners has been provided to us by the respondents in terms of the affidavits dated 21.2.2007 filed on behalf of trai. so far as star india private limited is concerned it appears that it is completely (98.85899 per cent) held by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2007
Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237
1. These appeals by special leave have been preferred against the common judgment of a Division Bench of the High Court of Delhi involving the analogous question and are, therefore, decided together by this judgment. 2. Appellant No. 1 Eastern Book Company is a registered partnership firm carrying on the business of publishing law books. Appellant No. 2 EBC Publishing Pvt. Ltd. is a company incorporated and existing under the Companies Act, 1956. The said appellants are involved in the printing and publishing of various books relating to the field of law. One of the well-known publications of appellant No. 1 Eastern Book Company is the law report Supreme Court Cases (hereinafter called SCC ). The appellant publishes all reportable judgments along with non-reportable judgments of the Supreme Court of India. Yet another category included in SCC is short judgments, orders, practice directions and record of proceedings. The law report S...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-21-2007
Reported in : (2008)150PLR439
Hemant Gupta, J.1. The petitioner is a former Judge of this Court, now represented by his wife andhter. The challenge in the present writ petition is to declare the proviso to Para 2 (b) of Part III of the First Schedule of the High Court Judges (Conditions of Service Act), 1954 (hereinafter to be referred as 'the Act') which fixes the maximum limit of pension of a retired Judge of a High Court, as ultra vires Articles 14 and 16 of the Constitution of India being arbitrary and discriminatory. 2. The petitioner joined Punjab Civil Services (Judicial) on 25.4.1951. He was promoted as Additional District Judge on 12.11.1969 and elevated as a Judge of this Court on 2.2.1983. The petitioner attained the age of superannuation on 15.10.1987. 3. The case of the petitioner is that Para 2 (b) of Part III of First Schedule of the Act provides for special additional pension of Rs. 1600/-per annum in respect of each completed year of service for pension but maximum limit is Rs. 8000/-per annum. Apa...
Tag this Judgment!Court : House of Lords
Decided on : Jul-04-2007
LORD BINGHAM OF CORNHILL My Lords, 1. Section 139 of the Mental Health Act 1983 is entitled "Protection for acts done in pursuance of this Act". At the time relevant to this appeal subsections (1) and (2) provided: "(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, or in, or in pursuance of anything done in, the discharge of functions conferred by any other enactment on the authority having jurisdiction under Part VII of this Act, unless the act was done in bad faith or without reasonable care. (2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any su...
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2007
Reported in : 2007(96)DRJ48
Hima Kohli, J. 1. The present writ petition is directed against the award dated 26th February 1990, passed by the Presiding Officer, Labour Court, whereunder it was held that the dismissal of the workman, respondent No. 3 herein, was not preceded by a proper enquiry and the petitioner management (respondent therein), had not made any prayer to lead evidence to prove the allegations against respondent No. 3 (hereinafter referred to as `the respondent workman'), and accordingly it was held that the dismissal of the respondent workman was unlawful and mala fide and the petitioner was directed to reinstate the respondent workman with continuity of service and full back wages from the date of termination. 2. Facts relevant for disposing of the present petition are as follows. The respondent workman was in employment of the petitioner corporation as a Conductor. On 1st August, 1973, while the respondent workman was on duty, he was challaned by the checking staff on the allegation that he had...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-27-2007
Reported in : RLW2008(2)Raj1197
Mohammad Rafiq, J.1. The petitioner in this writ petition seeks to challenge the order dated 11/5/2007 passed by the District Judge, Jaipur City, Jaipur thereby rejecting her application filed on 26/4/2007. This application was filed by the petitioner in the pending proceedings under Section 372 of the Indian Succession Act, 1925 (hereinafter referred in short as the 'Act') which in fact was jointly filed on 20/2/1998 by the petitioner, Rajkumari Lalitya and Rajkumar Dev Raj, respondents No.2 and 3, respectively for issuance of Succession Certificate with regard to properties of late 'Maharaj' Jagat Singh who died on 5/2/1997. When notices of the petition under Section 372 of the Act were issued, other legal representatives of late 'Maharaj' Jagat Singh namely; Maharaj Prithvi Singh and 'Maharaj' Jai Singh admitted to the claim of the aforementioned three applicants to inherit estates of late 'Maharaj' Jagat Singh in equal proportion. Yet another brother 'Maharaj' Bhawani Singh objecte...
Tag this Judgment!Court : Orissa
Decided on : Jun-22-2007
Reported in : AIR2007Ori146
A.K. Ganguly, C.J.1. The main 'question on which both these appeals were argued is whether they are maintainable after the insertion of Section 100A in the Civil Procedure Code by its amendment in 2002.2. The material facts of the case are that both the appeals were filed by one Ramesh Chandra Das from the judgment and order dated 11 -10-2006 passed by a learned single Judge of this Court. Two appeals being F.A.O. No. 274 of 2006 and F.A.O. No. 286 of 2006 were filed from the order dated 3-7-2006 passed by the Civil Judge (Senior Division), Bhubaneswar in Title Suit No. 223 of 1990. By that order the learned trial Judge removed Ramesh Chandra Das, the appellant before us as Receiver and also declined to appoint any one of the plaintiffs as Receiver. By that order, the learned trial Judge also discharged defendant No. 1, Kishore Chandra Das from Receivership. That part of the order discharging him as a Receiver was challenged by Kishore Chandra in F.A.O. No. 274 of 2006.3. The learned J...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-29-2007
Reported in : 2008(1)ShimLC189
Rajiv Sharma, J.1. A challenge has been laid to the order passed by the Under Secretary (Co-operation) to the Government of Himachal Pradesh, dated 15.9.2001 in appeal No. 27 of 2000.2. The brief facts necessary for the adjudication of this petition are that arbitration proceedings were initiated against respondent No. 3 by the petitioner-Bank under Section 72 of the H.P. State Co-operative Societies Act, 1968 (hereinafter referred to as the Act for convenient sake) for the recovery of Rs. 2,32,022.20 paise stated to have been embezzled by him and interest thereon. The arbitrator passed an award for a sum of Rs. 2,16,836.75 paise on 15.2.1978. It appears that thereafter the petitioner-Bank entered into a settlement with respondent No. 3 on 14.11.1981 and the execution proceedings instituted against him were withdrawn. Consequently, a simple mortgage deed was executed on 30.4.1982 on the basis of which the respondent No. 3 was to pay a sum of Rs. 55,000/- by 22.11.1981 and for the balan...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Mar-30-2007
Reported in : (2007)293ITR216(Delhi)
1. Since there is difference of opinion between the Member in the captioned appeal, the following question is referred to Hon'ble president of Tribunal under Section 255(4) of the Income-tax Act, 1961: Whether on facts and in law, the Head Office expenses or any other common indirect expenses can be apportioned vis-a-vis the business activity and the agricultural activity carried on by the assessee.(R.S. Syal) (K.C.Singhal)Accountant Member Judicial Member 1.The issue arising out of this appeal relates to the addition of Rs. 5,84,113/- on, account of inflated agricultural income which was further enhanced to Rs. 16, 78,905/- by the CIT(A).2. The assessee company is engaged mainly in the business of providing (con?)field of agriculture forestry plants and the services provided to M/s Wimco Ltd. under the terms of an agreement dated 1.9.84. The main object of the asseasee company is to provide research and development facility to Wimco Ltd., However, it is also carrying on agricultural ...
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