Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 24 amendment of section 27a Sorted by: recent Year: 2006 Page 1 of about 5 results (0.751 seconds)

Akham Ibodi Singh and anr. Vs. Akham Biradhwaja Singh and anr.

Court : Guwahati

..... , assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the indian evidence act, 1872.from the bare perusal of section 14 it is clear that the provisions contained in the indian evidence act, 1872 regarding the relevancy or admissibility of the evidence in a civil suit is not strictly followed in a proceeding under ..... the fact that order 32-a of the code of civil procedure was inserted by reason of the code of civil procedure (amendment) act, 1976, which could not bring about any desired result.12. the code of civil procedure had been amended and order 32-a had been inserted for the suits relating to matters concerning the family. in a case, smt. lata ..... as to whether or not the petitioner had the source of income to maintain themselves had completely ignored the said certificate/memorandum issued by the concerned inspector of factories and boilers, manipur that 'm/s. ibodi rice mill is not running' in passing the impugned judgment and order dated 30-7-2005. further, while rejecting the statement of the pw-1 ..... -2004 for rejecting the said cril. revision petition no. 670/03/ 6/03 had been disposed of as infructuous by the hon'ble supreme court of india vide order dated 24-10-2005. it would be pertinent to mention that the supreme court of india in the said sla (cril) 3421 /04 passed an ad interim order directing the respondent no .....

Lingu Savithri Vs. P. Sahadev

Court : Andhra Pradesh

Reported in : AIR2006AP182; 2006(2)ALT1

..... xiv of c.p.c. is clear in its purport, as to the manner in which issues are to be framed. similarly, chapter vii of the indian evidence act, 1872 (for short the act) stipulates, in clear terms, as regards the existence of burden, on the parties, to prove the concerned issues. the need to frame an issue would ..... discussion is undertaken, as to the permissibility or legality of the prayer of the petitioner, it needs to be noticed that the form in which the petitioner seeks amendment of the issue, is rather meaningless and self-contradictory. a bare perusal of the proposed issue discloses that on the one hand, the petitioner claims to be ..... all were given on either side.section 103. burden of proof as to particular fact.- the burden of proof as to any particular fact lies on that person who wishes the court to believe ..... prove that those facts exist.when a person is bound to prove the existence of any fact, it said that the burden of proof lies on that person.section 102. on whom burden of proof lies.- the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at ..... holistic, in its approach. according to this, the burden is on the person, who would fail, if no evidence is adduced. the next provision i.e., section 103 is a little specific, in so far as it mandates that it is for the person who wishes the court to believe, in existence of a particular .....

Hotel and Restaurant Assocn. and anr. Vs. Star India Pvt. Ltd. and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC1168; (2007)1CompLJ46(SC); 2006(12)SCALE543; 2007[5]STR161

..... been made by mr. desai to contend that the 1986 act is a cognate legislation. section 2(2) of trai act provides that words and expression used and not defined in the said act but defined in indian telegraph act, 1885 or the indian wireless telegraphy act, 1933 shall have the meanings respectively assigned to them in those acts. thus, meaning of only such words which are not defined ..... reduced taking into account the rates of similar channels as on as on 26.12.2003.7. on 1.12.2004, the telecommunication (broadcasting and cable) services (second) tariff (second amendment) order, 2004 was notified permitting a 7% increases in the charges on account of inflation. a regulation termed as 'the register of interconnect agreements (broadcasting and cable services) regulation, ..... interpret a word in accordance with its definition in another statute or statutory instrument and more so when such statute or statutory instrument is not dealing with any cognate subject.... 24. in maheshwari fish seed farm v. t.n. electricity board and anr. : air2004sc2341 , this court in regard to different meanings of 'agriculture' as noticed in different decisions held:9: ..... it for commercial purpose and are transmitting the same to the customers.(iii) the individual members of appellants being not governed by the tariff orders dated 7.03.2006 and 24.03.2006 and in any event the validity thereof having not been challenged by them, all these appeals have now, therefore, become academic.(iv) in any event, in terms .....

M. Nagaraj and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC71; 2006(4)AWC4054(SC); [2007(1)JCR147(SC)]; JT2006(9)SC191; 2006(6)KarLJ529; 2006(10)SCALE301; (2006)8SCC212

..... that arise for determination in this case relate to the:1.. validity2. interpretation3. implementationof (i) the constitution (seventy-seventh amendment) act, 1995, the constitution (eighty-first amendment) act, 2000, the constitution (eighty-second amendment) act, 2000, and the constitution (eighty-fifth amendment) act, 2001; and, (ii) action taken in pursuance thereof which seek to reverse decisions of the supreme court in matters relating ..... seniors in the feeder category and that it is open to the state to interpret the 'catch-up' rule in the service conditions governing the promotions [see: para 24]. thirdly, this court did not agree with the view expressed by the tribunal [in virpal singh chauhan] that a harmonious reading of clauses (1) to (4) ..... the society. concept of 'proportional equality' expects the states to take affirmative action in favour of disadvantaged sections of the society within the framework of liberal democracy. under the indian constitution, while basic liberties are guaranteed and individual initiative is encouraged, the state has got the role of ensuring that no class prospers at the ..... living constitution. to conclude, as observed by chandrachud, cj, in minerva mills ltd., 'the constitution is a precious heritage and, therefore, you cannot destroy its identity'. 24. constitutional adjudication is like no other decision-making. there is a moral dimension to every major constitutional case; the language of the text is not necessarily a controlling factor. .....

Ramesh Chandra Srivastava Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2007All39; 2007(1)AWC329; [2007(2)JCR340(All)]

..... nadu : air1997mad296 , the court considered and interpreted section 47-a(3) as inserted by tamil nadu amendment act 24 of 1967). while considering the scope of section 47-a (as in force in state of madras), their lordships referred to section 47-a(1) of the said act which is pari materia to section 47-a(2) of the indian stamp act (as in force in state of u.p ..... , and in supersession of all previous notifications of the government of india and the provincial government on this behalf; and in exercise of the powers conferred by section 21 of the united provinces court-fees (amendment) act, 1938 (xix of 1938), and in pursuance of the power conferred by the notification of the government of india department no. 158/38, dated february 15 ..... was not truly set forth, he may determine the market value and duty payable thereon in accordance with procedure provided in subsection (3).54. sub-sections (3) and (4), as they stood prior to u.p. amendment act, 38 of 2001, made no reference to payment of 'penalty'.55. in the case of kaka singh v. the additional collector and district magistrate (finance ..... the consideration of such conveyance as set forth therein does not exceed rs. 1000/ and for every rs. 1000/- or part thereof in excess of rs 1000/-----------------------------------------------------------27a. a close reading of aforesaid section 3 would clearly show that en every instrument mentioned in schedule 1--a or 1-b executed by any person in u.p. liability to pay duty is .....

Mcdermott International Inc. Vs. Burn Standard Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : 2006(5)ALD84(SC); 2006(2)ARBLR498(SC); (2007)1CALLT36(SC); (2007)3CompLJ213(SC); (2006)4MLJ456(SC); 2006(6)SCALE220; (2006)11SCC181; 2005(10)SCC353

..... between bscl and the buyer under the main contracts and is not settled mutually by negotiation, shall be referred to arbitration under the indian arbitration act, 1940, as amended from time to time, by appointing some agency acceptable to both the parties as arbitrators and if no agency is found acceptable to both ..... of emden formula, the same by itself, in our opinion, would not lead to the conclusion that it was in breach of sections 55 or section 73 of the indian contract act. clause 37 - effect of74. we may now look at clause 37 of the main contract entered into by and between ongc ..... these three, the emden formula is the one widely applied and which has received judicial support in a number of cases.section 55 of the indian contract act56. section 55 of the indian contract act reads as under:55. when a party to a contract promises to do a certain thing at or before a ..... transport corporation ltd. v. brojo nath ganguly : (1986)iillj171sc wherein the applicability of the expression 'public policy' on the touchstone of section 23 of the indian contract act and article 14 of the constitution of india came to be considered. this court therein was dealing with unequal bargaining power of the workmen ..... partial awarda partial award is in effect and substance an interim award within the meaning of section 31(6) and 2(c) of the act and, thus, the validity of the partial award is not open to question.24. re: exchange lossclause 4.0 of contract only relates to payment for transportation and .....

Dy. Cit, 3(1) Vs. Sri K.S.N. Enterprises P. Ltd.,

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)105ITD375(Hyd.)

..... cit (1987) 65 ctr (ap) 44 : (1985) 169 itr 291 (ap) . the legislature was also fully aware of this legal position and therefore it has amended section 55(2)(a) and consequently incorporated the definition of the 'cost of acquisition' in respect of number of all assets and profit for taking cost of such assets to ..... gain, tax was chargeable on the transfer of these assets. we find that the case of assessee relate to the a.y. 1996-97. the amendment in section 55(2)(a) in respect of a "right to manufacture, produce of process any article or thing" came w.e.f. 1.4.1998 and ..... compensation money was received by the assessee on condition not to carry on competitive business in explosives. consequently no part thereof was exempted from the income-tax act. in cit v. bombay burman trading corporation [1986] 161 itr 386 (sc), the issue before their lordship was what should be the nature of compensation ..... with disfavour. though the madras high court has occasion to refer to the judgment of the privy council in irc v. challenge corporation ltd. [1987] 2 wlr 24, and did not have the benefit of the house of lords' pronouncement in craven's case [1988] 3 all er 495(hl); [1990] 183 itr ..... section 28(ii) as it stood for the impugned assessment year reads as follows: the following income shall be chargeable to income-tax under the head "profits and gains of business or profession",- (a) any person, by whatever name called, managing the whole or substantially the whole of the affairs of an indian company .....