Array ( [0] => ..... march, 1964 on the date of completion of assessment-law in force as on 30th june, 1962, would apply and the provisions of section 17(1)(a) as amended by gt (amendment) act, 1962, w.e.f. 1st april, 1963, will not be applicable. held, that the assessee had not misled the ao while filing the return under section 139 ..... 271(1)(c)-as regards leviability of penalty in case where assessment resulted in a reduced loss, expln. 4 to section 271(1)(c) inserted by taxation laws (amendment) act, 2002 is clarificatory in nature-the case is covered by the jurisdictional bombay high court decision. the assessee had filed incorrect audit report under section 44ab with the ..... decisions and propositions laid down therein: penalty-concealment of income-law applicable-principles-original return filed on 1st march, 1967-law as it stood prior to amendment by finance act, 1968, applies-it act, 1961, section 271(1)(c). tax has to be assessed for an assessment year according to the law as it stood on the 1st day of ..... [1] => ..... so, illegal. it was further submitted that, the learned 4th court of special judge had also no authority under the provision of west bengal criminal law amendment (special courts) act, 1949 to take cognizance and to frame charges. it appears that a revisional application was earlier filed and this court disposed of the same with liberty to ..... mr. bag submitted that the petitioner is not a public servant within the meaning of section 21 of the indian penal code and as such cannot be tried under the provision of west bengal criminal law amendment (special courts) act, 1949.11. attention of the court was invited to a decision of this court in the case of ..... submitted was, thus, erroneous and bad in law. the learned 4th court of special judge had no authority under the provision of the west bengal criminal law amendment (special courts) act, 1949 to take cognizance and to frame charges as initiation of the proceeding itself is bad in law and illegal.4. being aggrieved by, and dissatisfied with ..... [2] => ..... to the accused.5. in view of the amended provisions of section 145 of negotiable instruments act, the complainant is entitled to lead evidence by way of an affidavit. the division bench of this court in the case of ksl and ..... examination-in-chief. however, it is pertinent to note that the evidence in the form of affidavit is subjected to cross-examination under section 145 of negotiable instruments act. in such case all the omissions or contradictions can be brought on record during the course of cross-examination. hence, there can be no question of prejudice ..... the said case the complainant has filed an affidavit of evidence by way of examination-in-chief as per amended provisions under section 145(2) of negotiable instruments act. the said affidavit was taken on record.3. the applicant had preferred an application before the learned magistrate for calling the complainant for recording his ..... [3] => ..... principle of law that the provisions under special law would definitely prevail over the general law. in view of the specific provision under the amended section 39 of the indian electricity act, no conviction whatsoever could be ordered under section 379 of the i.p.c. mr. bali has further submitted that one cannot loose ..... sight of the fact that the offence under section 39 of the electricity act is an offence under the special legislation, namely, indian electricity act as amended from time to time. the petitioner is, therefore, well within its rights to move an application under section 216 of cr. ..... for quashing, if the amount of electricity consumption and penalty is paid by the consumer/accused. now, in view of the amendment made in the indian electricity act, an offence under section 39 of the act is compoundable. the courts have quashed and set aside many complaints of similar nature, as indicated above, when the amounts have ..... [4] => ..... functions were discharged by the department of the government viz., ministry of petroleum and thereafter they were transferred by floating wholly owned government company under the indian companies act, 1956. it also cannot be disputed that the entire working capital of the respondent corporation is being provided by the central government. thus, the ..... the state government and the financial institutions controlled and belonging to the government of india on the security and undertaking of the state government, that the amendments introduced to the memorandum of association in the year 1994 introducing articles 5-a and 5-b, entrusts the appellant- company with important public duties ..... mmscmd from fallback allocation to a firm allocation in view of the improved position of supplies and directed the petitioner company to enter into an amended contract accordingly with gail within 60 days from the issuance of the order. in pursuance of the same a supplementary agreement was entered into between ..... [5] => ..... the ratio of various judgments delivered by it, details of which are as under:1. order no. 1521/97/wrb dated 14th april, 1997 in the case of m/s.indian seamless steels & alloys ltd. 2. order no. 1364-66/97/wrb dated 27th march, 1997 in the case of m/s.kalyani steels ltd. 3. commissioner v. uttam engineering ..... came to be rejected by the tribunal vide its order dated 13th february, 1998. consequently, revenue has preferred the present application under section 35g(3) of the central excise act, 1944 ('act' for short) to seek directions against the tribunal so as to get the aforesaid question referred for the opinion of this court. submissions :8. heard learned counsel for ..... a-vis three items only referred to in the question and should not enlarge its scope, especially, when there is no amendment to the subject question, at the instance of the revenue, in spite of grant of time to amend the same. in his submission, the word 'etc.' used in the subject question framed and sought to be raised for ..... [6] => ..... provided by the statue, the party must exhaust the statutory remedy before resorting to writ jurisdiction.36. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy ..... .3, who proceeded to pass another order of adjudication dated 31st august, 2005 (exh.a-1) and confirmed further demand against the petitioners.14. the petitioners have amended their petition so as to challenged this second order dated 31st august, 2005 (exh.a-1). thus, two adjudication orders dated 22nd july, 2005 (exh.a) and ..... rule of policy and discretion, rather than a rule of law. (see babu ram v. zillah parishad, : [1969]1scr518 ).32. in harbans lal sahnia v. indian oil corporation ltd., : air2003sc2120 , the apex court held that the rule of exclusion of writ jurisdiction by availability of alternative remedy is a rule of discretion and not one ..... [7] => ..... land revenue code, bombay stamp act, electricity (supply) act, 1948, indian railways act, motor vehicles act, maharashtra universities act etc.6. in vasantadada dugdh .... sangh maryadit v. commissioner, dairy development reported at 1991 mh.l.j. 734, hon'ble division bench has considered the provisions of sub-rule (12) of rule 18 which then read after amendment as 'the decisions given in any proceedings in respect of ..... disputes under the maharashtra co-operative societies act ..... [8] => ..... , 898, per lord reid. but in the present case the involvement of the legislature goes much deeper. in the present case the later legislation, for instance, the legislation amending the sexual offences (amendment) act 2000, simply could not have had effect if the earlier legislation was not validly enacted. 69. moreover, and importantly, the attorney general was right when he submitted that the ..... a way that has acknowledged its validity. the war crimes act was amended by the criminal justice and public order act 1994 and the criminal procedure and investigations act 1996. the european parliamentary elections act was repealed by and consolidated in the european parliamentary elections act 2002. and the sexual offences (amendment) act was amended by the sexual offences act 2003. the political reality is that of a general acceptance ..... [9] => ..... queen. its constitution is the south georgia and south sandwich islands order 1985 (si 1985/449) ("the order") as amended. the order was made by her majesty in council under powers conferred by the british settlements acts 1887 and 1945. the executive and legislative powers in sgssi, referred to in the order as "the territories", are ..... state for foreign and commonwealth affairs [2001] qb 1067. in that case the applicant sought judicial review of an ordinance made by the commissioner for the british indian ocean territory under powers similar to those conferred by the 1985 order on the commissioner for sgssi. the secretary of state and the commissioner were both respondents to ..... , eg in settling the form of the 1931 lease; but it was not the government." quark was unable satisfactorily to distinguish this authority. 15. in ex p indian association of alberta, above, the issue (see p 909) was whether obligations which the applicants sought to enforce were owed by "her majesty in right of her ..... ) Indian Boilers Amendment Act 2007 Section 9 Amendment of Section 8 - Sortby Old - Year 2005 - Page 89 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 9 amendment of section 8 Sorted by: old Year: 2005 Page 89 of about 1,167 results (0.685 seconds)

Oct 07 2005 (TRI)

Assistant Commissioner of Income Vs. Suretech Hospital and Research

Court : Income Tax Appellate Tribunal ITAT Nagpur

Decided on : Oct-07-2005

Reported in : (2006)104TTJ(Nag.)869

..... march, 1964 on the date of completion of assessment-law in force as on 30th june, 1962, would apply and the provisions of section 17(1)(a) as amended by gt (amendment) act, 1962, w.e.f. 1st april, 1963, will not be applicable. held, that the assessee had not misled the ao while filing the return under section 139 ..... 271(1)(c)-as regards leviability of penalty in case where assessment resulted in a reduced loss, expln. 4 to section 271(1)(c) inserted by taxation laws (amendment) act, 2002 is clarificatory in nature-the case is covered by the jurisdictional bombay high court decision. the assessee had filed incorrect audit report under section 44ab with the ..... decisions and propositions laid down therein: penalty-concealment of income-law applicable-principles-original return filed on 1st march, 1967-law as it stood prior to amendment by finance act, 1968, applies-it act, 1961, section 271(1)(c). tax has to be assessed for an assessment year according to the law as it stood on the 1st day of .....

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Oct 07 2005 (HC)

Shyamadas Banerjee Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Oct-07-2005

Reported in : 2006(1)CHN194

..... so, illegal. it was further submitted that, the learned 4th court of special judge had also no authority under the provision of west bengal criminal law amendment (special courts) act, 1949 to take cognizance and to frame charges. it appears that a revisional application was earlier filed and this court disposed of the same with liberty to ..... mr. bag submitted that the petitioner is not a public servant within the meaning of section 21 of the indian penal code and as such cannot be tried under the provision of west bengal criminal law amendment (special courts) act, 1949.11. attention of the court was invited to a decision of this court in the case of ..... submitted was, thus, erroneous and bad in law. the learned 4th court of special judge had no authority under the provision of the west bengal criminal law amendment (special courts) act, 1949 to take cognizance and to frame charges as initiation of the proceeding itself is bad in law and illegal.4. being aggrieved by, and dissatisfied with .....

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Oct 11 2005 (HC)

Harischandra Biyani Vs. Stock Holding Corporation of India Ltd.

Court : Mumbai

Decided on : Oct-11-2005

Reported in : I(2007)BC417; 2006(4)MhLj381

..... to the accused.5. in view of the amended provisions of section 145 of negotiable instruments act, the complainant is entitled to lead evidence by way of an affidavit. the division bench of this court in the case of ksl and ..... examination-in-chief. however, it is pertinent to note that the evidence in the form of affidavit is subjected to cross-examination under section 145 of negotiable instruments act. in such case all the omissions or contradictions can be brought on record during the course of cross-examination. hence, there can be no question of prejudice ..... the said case the complainant has filed an affidavit of evidence by way of examination-in-chief as per amended provisions under section 145(2) of negotiable instruments act. the said affidavit was taken on record.3. the applicant had preferred an application before the learned magistrate for calling the complainant for recording his .....

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Oct 11 2005 (HC)

Omkarnath S. Parashar Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Oct-11-2005

Reported in : (2006)2GLR1056

..... principle of law that the provisions under special law would definitely prevail over the general law. in view of the specific provision under the amended section 39 of the indian electricity act, no conviction whatsoever could be ordered under section 379 of the i.p.c. mr. bali has further submitted that one cannot loose ..... sight of the fact that the offence under section 39 of the electricity act is an offence under the special legislation, namely, indian electricity act as amended from time to time. the petitioner is, therefore, well within its rights to move an application under section 216 of cr. ..... for quashing, if the amount of electricity consumption and penalty is paid by the consumer/accused. now, in view of the amendment made in the indian electricity act, an offence under section 39 of the act is compoundable. the courts have quashed and set aside many complaints of similar nature, as indicated above, when the amounts have .....

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Oct 11 2005 (HC)

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Decided on : Oct-11-2005

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

..... functions were discharged by the department of the government viz., ministry of petroleum and thereafter they were transferred by floating wholly owned government company under the indian companies act, 1956. it also cannot be disputed that the entire working capital of the respondent corporation is being provided by the central government. thus, the ..... the state government and the financial institutions controlled and belonging to the government of india on the security and undertaking of the state government, that the amendments introduced to the memorandum of association in the year 1994 introducing articles 5-a and 5-b, entrusts the appellant- company with important public duties ..... mmscmd from fallback allocation to a firm allocation in view of the improved position of supplies and directed the petitioner company to enter into an amended contract accordingly with gail within 60 days from the issuance of the order. in pursuance of the same a supplementary agreement was entered into between .....

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Oct 13 2005 (HC)

The Commissioner of Central Excise Vs. Indian Seamless Steels and Allo ...

Court : Mumbai

Decided on : Oct-13-2005

Reported in : 2005(6)BomCR481; (2005)107BOMLR921; 2005(190)ELT12(Bom)

..... the ratio of various judgments delivered by it, details of which are as under:1. order no. 1521/97/wrb dated 14th april, 1997 in the case of m/s.indian seamless steels & alloys ltd. 2. order no. 1364-66/97/wrb dated 27th march, 1997 in the case of m/s.kalyani steels ltd. 3. commissioner v. uttam engineering ..... came to be rejected by the tribunal vide its order dated 13th february, 1998. consequently, revenue has preferred the present application under section 35g(3) of the central excise act, 1944 ('act' for short) to seek directions against the tribunal so as to get the aforesaid question referred for the opinion of this court. submissions :8. heard learned counsel for ..... a-vis three items only referred to in the question and should not enlarge its scope, especially, when there is no amendment to the subject question, at the instance of the revenue, in spite of grant of time to amend the same. in his submission, the word 'etc.' used in the subject question framed and sought to be raised for .....

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Oct 13 2005 (HC)

Kellogg India Private Limited. and Vs. Union of India (Uoi),

Court : Mumbai

Decided on : Oct-13-2005

Reported in : 2006(1)ALLMR64; 2005(6)BomCR492; (2005)107BOMLR890; 2006(193)ELT385(Bom); 2007[8]STR84

..... provided by the statue, the party must exhaust the statutory remedy before resorting to writ jurisdiction.36. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy ..... .3, who proceeded to pass another order of adjudication dated 31st august, 2005 (exh.a-1) and confirmed further demand against the petitioners.14. the petitioners have amended their petition so as to challenged this second order dated 31st august, 2005 (exh.a-1). thus, two adjudication orders dated 22nd july, 2005 (exh.a) and ..... rule of policy and discretion, rather than a rule of law. (see babu ram v. zillah parishad, : [1969]1scr518 ).32. in harbans lal sahnia v. indian oil corporation ltd., : air2003sc2120 , the apex court held that the rule of exclusion of writ jurisdiction by availability of alternative remedy is a rule of discretion and not one .....

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Oct 13 2005 (HC)

Jyoti W/O Anil Ganeshpure Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Oct-13-2005

Reported in : 2006(2)ALLMR196; 2006(3)BomCR852; 2006(2)MhLj173

..... land revenue code, bombay stamp act, electricity (supply) act, 1948, indian railways act, motor vehicles act, maharashtra universities act etc.6. in vasantadada dugdh .... sangh maryadit v. commissioner, dairy development reported at 1991 mh.l.j. 734, hon'ble division bench has considered the provisions of sub-rule (12) of rule 18 which then read after amendment as 'the decisions given in any proceedings in respect of ..... disputes under the maharashtra co-operative societies act .....

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Oct 13 2005 (FN)

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court : House of Lords

Decided on : Oct-13-2005

..... , 898, per lord reid. but in the present case the involvement of the legislature goes much deeper. in the present case the later legislation, for instance, the legislation amending the sexual offences (amendment) act 2000, simply could not have had effect if the earlier legislation was not validly enacted. 69. moreover, and importantly, the attorney general was right when he submitted that the ..... a way that has acknowledged its validity. the war crimes act was amended by the criminal justice and public order act 1994 and the criminal procedure and investigations act 1996. the european parliamentary elections act was repealed by and consolidated in the european parliamentary elections act 2002. and the sexual offences (amendment) act was amended by the sexual offences act 2003. the political reality is that of a general acceptance .....

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Oct 13 2005 (FN)

Regina Vs. Secretary of State for Foreign and Common Wealth Affairs (A ...

Court : House of Lords

Decided on : Oct-13-2005

..... queen. its constitution is the south georgia and south sandwich islands order 1985 (si 1985/449) ("the order") as amended. the order was made by her majesty in council under powers conferred by the british settlements acts 1887 and 1945. the executive and legislative powers in sgssi, referred to in the order as "the territories", are ..... state for foreign and commonwealth affairs [2001] qb 1067. in that case the applicant sought judicial review of an ordinance made by the commissioner for the british indian ocean territory under powers similar to those conferred by the 1985 order on the commissioner for sgssi. the secretary of state and the commissioner were both respondents to ..... , eg in settling the form of the 1931 lease; but it was not the government." quark was unable satisfactorily to distinguish this authority. 15. in ex p indian association of alberta, above, the issue (see p 909) was whether obligations which the applicants sought to enforce were owed by "her majesty in right of her .....

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