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Rakesh K. Dhawan and Others Vs. Union of India and Others

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... dhawan has referred to section 42 of the delhi municipal act, 1947 that enumerates the obligatory functions for construction, maintenance, cleansing of drains and ..... for drainage, illumination and proper beneficial use of these roads by any commuter whosoever he/she may be, which does not amount to service within the definition of section 2(1)(o) of the consumer protection act, 1986 (ii) that pwd maintains master plan roads more than 100 feet of right of way in the capital city including ring road and outer ring road. ..... state government to make certain offences cognizable and non-cognizable (1) the state government may by notification in the official gazette, declare that any offence punishable under section 186, 189, 188, 190, 295a, 298, 505, 506 or 507 of the indian penal code, when committed in any area specified in the notification shall not withstanding anything contained in the code of criminal procedure, 1898, be cognizable, and ..... or not the statutory and obligatory functions of any statutory or public authority or civic bodies like mcd and ndmc fall within the ambit of service as per provision of the consumer protection act, 1986 and whether or not the users of the civic services or any other services or functions performed by the statutory or public or civil authority are consumers because they have paid ..... by the agencies of pwd, no wide pit was reported anywhere nor seen by the inspecting officers except at one or two locations where small pot-holes were found which were .....

The Commissioner of Income Tax (TDS) Vs. Grant Medical Foundation (RUB ...

Court : Mumbai

..... and anr, air 2014 supreme court, 1259, in the context of question whether medical doctors discharging functions of medical officers treating patients in employees insurance corporation dispensary /hospital are workmen within the meaning of section 2 (s) of the industrial disputes act, 1947, the court held as under: we are of the view that a medical professional treating patients and diagnosing diseases cannot be held to be a workmen within the meaning of section 2(s) of the id act. ..... the assessee's appeal was restricted to the confirmation by the income tax commissioner appeals pune of deduction of tax under section 201 (1) amounting to rs.80,81,586/- and consequent interest thereon under section 201 (1a) amounting to rs.16,73,630/- in respect of doctors drawing fixed plus variable pay with written contract treating them as employees of ..... the assessee made deduction of tax at source under section 194j of the i.t.act at 10% on the remuneration paid to the doctors employed in the hospital drawing only variable pay with written contract, doctors drawing only variable pay without written contract and doctors drawing fixed plus ..... that he would not be permitted to engage himself in any hospital or nursing home on pay or emoluments cannot be seen as an isolated term or ..... the case of indian medical association vs. v.p ..... the principle that the law makes a distinction between a contract of service and contract for service, reliance is placed by the counsel on indian medical association vs. v.p. .....

Subhas Chandra Bose and ors. Vs. E.S.i. Corporation and ors.

Court : Kolkata

Reported in : (1990)ILLJ148Cal

..... of this appeal, learned advocate for the appellants drew our attention to the relevant sections of the said act of 1948, the material provisions of which are noted hereafter:employees' state insurance act, 1948:section 2(9) - in this act, unless there is anything repugnant in the subject or context,-(9) 'employee' means, any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and- (i) who is directly employed by the principal employer on any work of, or incidental ..... (5) if the holder of this licence accepts an employment under any other firm or person for the purpose of carrying out or supervising any electrical installation work coming within the purview of rule 45(1) of the indian electricity rules, 1956, this licence shall be invalid and the holder shall return the same to the secretary for cancellation'.3. ..... (2) the holder of this licence shall maintain a register of supervision and workmen in the form below and shall produce the register for inspection on demand by an electrical inspector or other person authorised in this behalf by the licensing board. ..... this decision, in the context of an industrial dispute under the industrial disputes act, 1947, does not appear to us to be of relevance to the controversies before us and the same need not be considered any further. ..... ulhasnagar municipal council, : [1970]3scr854 . .....

Madan Lal Sharma Vs. Punjab and Haryana High Court

Court : Punjab and Haryana

Reported in : (1999)122PLR766

..... authority of public servants, for offences against public justice and for offences relating to documents given in evidence: - (1) no court shall take cognizance(a) xx xx(b) xx xx(i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to any proceedings in any court, or(ii) of any ..... the full bench of allahabad high court, to the extent it has been relied by learned counsel for the petitioner, as mentioned above, we are of the opinion that all that can be said is that section 195 and section 340 of the code have to be read together and if the offence is not the one which may affect the administration of justice, the court should not take cognizance of the same and lodge a complaint ..... such, and, therefore, it had been forged before it was put in the court, the court, while embarking upon an enquiry under section 340 of the code should not act as an investigating agency as it would be impracticable for the court to decide about the expediency of launching of prosecution in respect of forgeries committed earlier to the ..... a copy of the report was also ordered to be sent to the state bar council for such action as it may deem necessary and notice of the cm was also ordered to be ..... academic diplomas and certificates for inspection. dr. ..... rasool ahmad, air 1947(34) allahabad 173, ..... 1947 .....

Diamond Sugar Mills Ltd. Vs. Income-tax Officer, c Ward and ors.

Court : Kolkata

Reported in : [1973]89ITR171(Cal)

..... the previous assessment from an investigation of the materials on record or facts disclosed thereby or from other enquiry but was in fact not derived would not prevent such knowledge or instruction from being ' information ' in terms of the section, (f) a case where the income-tax officer on his own initiative and on material which was before him at the time of the original assessment changed his opinion and came to a different conclusion, that would not ..... previous assessment from an investigation of the materials on record or fact disclosed thereby or from other enquiry but was not in fact derived would not prevent such knowledge or instruction from being considered as ' information ' in terms of clause (b) of section 147 of the income-tax act, 1961, (4) the knowledge or instruction must be such which must lead to the formation of the belief that income of the assessee had escaped assessment in the original assessment. ..... the expression 'information' under section 34 of the indian income-tax act, 1922, and section 147 of income-tax act, 1961, has been the subject of judicial scrutiny and interpretation in several decisions. ..... it was held by the division bench of the delhi high court that the scrutiny note of the revenue audit and the letter of the inspecting assistant commissioner constituted ' information ' within the meaning of section 147(b) from an ' external source ' and the assessments were, therefore, valid. ..... and berar sales tax act, 1947 (21 of 1947). .....

Ratanlal Mohta and Sons Vs. Income-tax Officer, c Ward and ors.

Court : Kolkata

Reported in : [1984]148ITR246(Cal)

..... another party or an outsider is taken to be or accepted as genuine, a subsequent confession by that party, that he has done only name-lending, would not be enough to justify an action under section 147 of the said act and there must be a live link or close nexus between the materials coming to the knowledge of the officer concerned and the formation of his belief that the credit was not genuine and ..... discussed the question of the effect of the disclosure petition, the effect of non-acceptance of the statement in the disclosure petition and came to the conclusion that reopening under clause (a) of section 147 of the act was without jurisdiction and on the application of the revenue, the following question :' whether, on the facts and in the circumstances of the case, having regard to the disclosure petition ..... an adverse inference against the department, apart from holding that, on the facts, it was not possible to come to the conclusion that the facts necessary to confer jurisdiction on the ito to proceed under section 34(1)(a) had been established and the notices had to be quashed, in support of his contentions that the recording of reasons and the order of the central board of direct taxes, in this case ..... , where, after completion of the original assessments for the assessment years 1942-43 to 1953-54, on the assessee, an huf, notices under section 34(1)(a) of the indian i.t ..... inspecting ..... gain, if any, was in 1947 and was, therefore, not ..... section 23(3) read with section 23(5)(a) of the indian .....

Commissioner of Income-tax Vs. Karam Chand Thapar and Bros. (P.) Ltd.

Court : Kolkata

Reported in : [1979]119ITR751(Cal)

..... cannot do, because the quantum is arrived at merely by automatic computation, but it seems to us that he can challenge the regular assessment on all the important points which establish his liability to pay advance tax under section 18a, and in this view of the case we feel that by coming to the conclusion that the assessee is not entitled to a right of appeal merely against the order imposing a penal interest we are not depriving ..... in the case referred to in clause (b) for the period during which the payment of tax was wrongly deferred on the amount of which the payment was so deferred :provided that for the purposes of this sub-section any instalment due before the expiry of six months from the commencement of the previous year in respect of which it is to be paid shall be deemed to have become due fifteen days after the expiry of ..... act, 1961, the tribunal has drawn up a statement of case and has referred the following question for the opinion of this court as a question of law arising from its order :'whether, on the facts and in the circumstances of the case, an objection to the levy of interest under section 18a(6) of the indian income-tax act, 1922, could be included in an appeal before the appellate assistant commissioner and consequently before ..... which the inspecting assistant commissioner consider that the circumstances are such that a reduction or waiver of the interest payable under section 215 or section 217 is ..... act, 1922, for the assessment years 1947-48 and 1948 .....

Commissioner of Income-tax Vs. National Insurance Co. Ltd.

Court : Kolkata

Reported in : [1996]221ITR778(Cal)

..... assessee came up on appeal before the tribunal and the tribunal considered the provisions of section 44 of the income-tax act read with the first schedule and held that the decision of the supreme court ..... section 44 of the act of 1961, corresponds to section 10(7) of the indian income-tax act ..... to make accrued income non-income simply because after the event of accrual, the assessee neither decides to treat it as a bad debt nor claims deduction under section 36(2) of the act, but still enters the same with a diminished hope of recovery in the suspense account. ..... of insurance other than life insurance shall be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938, to be furnished to the superintendent of insurance after adjusting such balance so as to exclude from it any expenditure other than expenditure which may under the provisions of section 10 of this act be allowed for in computing, the profits and gains of a business. .. . .'13. ..... these adjustments at the material time were only in respect of amounts of expenditure inadmissible under the provisions of sections 30 to 43b, amounts written off or reserved to meet depreciation of or loss on the realisation of investments, and amounts carried over to a reserve ..... the commissioner sent back the case and directed the inspecting assistant commissioner to compute afresh the amount assessable in the year under consideration after examining the accounts ..... nursing .....

Sm. Krishnamoni Dasi Vs. Baser Mondal and ors.

Court : Kolkata

Reported in : AIR1963Cal225

..... the legal proposition involved and said as follows :--'i am accordingly of opinion that the board was not right in holding, merely on tha basis of section 19(1) (6) of the bengal agricultural debtors act and section 268 of the bengal tenancy act, that the debt had ceased is exist.but as i have pointed out already, this error of the board would not make its decision a ..... or not (see : air1942cal552 ), of as to the status or character of the person, owing tfie said liability, namely, whether he was a debtor or not stress was laid on the wording of the section, as it stood at the time, namely, that it expressly authorised the board to decide whether the person was a debtor or not but not the other question (whether the liability was a debt or not ..... a civil court relating to adebt shall be conclusive evidence as to the existence andamount of the debt as between the parties to the decree, xxxxx(4) when the board has determined under sub-section (2) the amounts of the principal of a dent due from a debtor and of the arrears of interest due thereon, the decision of the board, in this respect shall not be questioned in ..... section 151 of the code of civil procedure read with section 181 of the indian limitation act, for reviving the execution case on the ground that the board's award was without jurisdiction, as the corporation's dues for rates were not 'debt' within the meaning of the bengal agricultural debtors act ..... urban district council, (1957) ..... decision in 51 cal wn 140: (air 1947 cal 2495. .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... presence or absence of capital punishment does not appear to affect it.the commission on human rights considered this report and adopted a draft general assembly resolution which was submitted by the economic and social council to the general assembly and on 26th november 1968, the general assembly adopted this draft with certain modifications as its resolution 2393 (xxiii) inviting member governments to take various measures and requesting the ..... :statistics of murder cases during the period when capital punishment was kept in abeyance.year travancore cochin total for travan core & cochin 1945 111 cases 22 133 1946 135 cases 13 148 1947 148 cases 26 174 1948 160 cases 43 203 1949 114 cases 26 140 1950 125 cases 39 164 total 793 169 962statistics of murder cases during the period when capital punishment was in ..... the foregoing question be in the negative, whether the sentencing procedure provided in section 354(3) of the crpc, 1973 (act 2 of 1974) is unconstitutional on the ground that it invests the court with unguided and untrammelled discretion and allows death sentence to be arbitrarily or freakishly imposed on a person found guilty of murder or any other capital offence punishable under the indian penal code with death or, in the alternative, with imprisonment for life.15. ..... expected to be stated more specifically in the international covenant on civil and political rights, the drafting of which had been under way since the first session of the commission on human rights in 1947. .....