Judgment Search Results Home > Cases Phrase: indian stamp act 1899 schedule i first schedule Page 85 of about 934 results (0.120 seconds)

S.M. Karim Vs. Mst. Bibi Sakina

Court : Supreme Court of India

Reported in : AIR1964SC1254; [1964]6SCR780

..... if the possession of the real owner ripens into title under thelimitation act and he is dispossessed, he can sue to obtain possession, for hedoes not then rely on the benami nature of the transaction. ..... the latter aredealt with in first sub-section, and if the meaning sought to be placed on thesecond sub-section by the appellant were to be accepted, the entire policy ofthe law would be defeated by the real purchaser making a transfer to anotherand the first sub-section would become almost a dead letter. .....

State of Karnataka and Others Vs. K.V. Khader

Court : Supreme Court of India

Reported in : AIR1990SC1225; JT1990(2)SC91; 1990(1)SCALE563; (1990)2SCC271; [1990]1SCR727; 1990(1)LC644(SC)

..... calavala cunnan : (1988)4scc260 the company (larsen and toubro) was a tenant of 'all that plot of vacant land and buildings erected thereon and more particularly described in the schedule and delineated in the plan annexed and measuring 17 grounds and 321 sq. ft. ..... nor can the fact that it is expansion of the first lease be of any decisive impact, for that feature can be highlighted by both sides as a supporting ..... when the kerala land reforms act, 1963 (for short 'the act') came into force the respondent filed an application before the land tribunal, kassargod in 1974 as per section 72b of the act for assigning to him the right, title and interest of the landowner, claiming that he is a cultivating ..... learned counsel for the appellant first pointed out the situation at which ..... together with land, it seems impermissible in the absence of clear intention spelt out in the deed to dissect the lease as (a) of building and appurtenant land covered by the rent control act and (b) of land alone governed by other relevant statutory provisions. ..... protection under section 9 of the tamil nadu city tenants protection act, 1922 which applied only to 'tenancies of lands' in ..... under section 3 of the act such a lease is exempted from the provisions relating to tenancies subsumed in chapter ii of the act, section 3(1)(ii) can be extracted here:nothing in this chapter shall apply to--xxx xxx xxx xxx(ii) leases only of buildings, including a house, shop or warehouse and the site thereof, with the land .....

Gauhati High Court and anr. Vs. Kuladhar Phukan and anr.

Court : Supreme Court of India

Reported in : AIR2002SC1589; JT2002(3)SC412; 2002LabIC1492; 2002(3)SCALE175; (2002)4SCC524; [2002]2SCR808; 2002(2)SCT768(SC); 2002(3)SLJ192(SC)

..... 1 sent a communication to the registrar (judicial), gauhati high court wherein, for the first time, he stated that he was a direct recruit in the assam legal service through the assam public service commission and that he had expressed his desire indicating his option for permanent absorption in the assam ..... both the high court and the government should not forget the fact that powers are conferred on them for the good of the public and they should act in such a way as to advance public interest. ..... the state government endorsed the act of the high court as 'unassailable' as the lien of respondent no. ..... the governor cannot proceed to act in any matter relating to subordinate judiciary and bypass the process of consultation merely because the high court, though 'informed', did not act or respond. ..... such control and consultation are not a matter of mere formality; they are the constitutional power and privilege of the high court, also its obligation, and cannot be diluted by sheer inaction or failing to act when the high court must act. ..... if they act with that purpose in view as they should, then there is no room for conflict and no question of one dominating the other arises. .....

Ramdeo Rai Vs. Collector and ors.

Court : Patna

..... matter is that section 29 clause (f) of the indian stamp act envisaged that the stamp has to be filed by the purchaser of the ..... in question, in favour of the private respondent who was required to purchase the stamps in view of the provisions of the indian stamp act, as stated above. ..... regard to the order dated 8.3.88 passed by a division bench of this court whole admitting this writ application, the order reads as follows:this application is admitted only to the extent of levy of additional stamp duty and 10% penalty on the petitioner and this application is dismissed as regards others.in the mean time annexure-4 shall remain stayed.in that view of the matter, the notice directing the petitioner to pay deficit ..... learned counsel for the petitioner has challenged the order of the district sub-registrar as well as the respondent collector on the ground firstly that the objection raised by the petitioner with regard to the interpolation of the sale deed having been sustained by the appellate authority, the respondent district sub- ..... the respondent district sub-registrar while upholding the first objection has allowed the appeal and sent the deed, in question, to the sub-registrar, mahua, with a direction to register the document compulsorily since the adequate court ..... sub registrar has filed an appeal before the respondent district sub-registrar and pursuant to the notice issued by the appellate authority, the petitioner appeared and filed objection firstly on the ground that respondent no. .....

Kalindi and ors. Vs. Tata Locomotive and Engineering Co. Ltd.

Court : Supreme Court of India

Reported in : AIR1960SC914; [1960(1)FLR23]; (1960)IILLJ228SC; [1960]3SCR407

..... practice in the courts of law to skilful handling of witnesses by lawyers specially trained in the art of examination and cross-examination of witnesses, our first inclination is to think that a fair enquiry demands that the person accused of an act should have the assistance of some person, who even if not a lawyer may be expected to examine and cross-examine witnesses with a fair amount ..... urged that in making the dismissal order the general manager wrongly thought that he had been found guilty of all the four acts of misconduct which were against him in the charge-sheet though in fact he was found guilty only of three and the ..... the dismissal order after mentioning that he was found guilty of the first three charges further states that he was found guilty of the following acts of misconduct : 'threatening and intimidating the workers in the repair shop and deliberately preventing the man in charge of the compressor ..... the record however discloses three cases in which the manager made orders of dismissal on a finding of guilt of only of the acts of misconduct alleged in these three charges, namely, (i) participating in an illegal strike; (ii) leaving the appointed place of duty; ..... the formal order of dismissal that was drawn up stated that he had been found guilty of the following acts of misconduct :- '(1) participating in an illegal strike; (2) leaving his place of duty without permission; (3) inciting other employees in the paint shop, propeller shaft section, rear axle section and .....

B.P. Krishnamurthy Vs. State of Mysore

Court : Karnataka

Reported in : 1965CriLJ568; (1964)1MysLJ340; [1962]13STC436(Kar)

..... * * * (3) notwithstanding anything contained in sub-section (1), the tax under this act shall be levied (a) in the case of the sale of any of the goods mentioned in column (2) of the second schedule, by the first or the earliest of successive dealers in the state who is liable to tax under this section, a tax at the rate specified in the corresponding entry of column (3) of the said schedule, on the turnover of sales of such dealer in each year relating to such goods : * ..... repelled the argument on the ground that the item applicable in the second schedule in respect of beer, whether it was foreign or indian beer, was the 38th item and that beer even if it was indian beer did not fall within the 39th item. 23. ..... government pleader addressed the argument that the 38th item refers to all kinds of beer, whether it was indian beer or whether it was foreign beer, and that beer was taxable only under the 38th item since beer ..... difficult to accept the argument that every kind of beer including indian beer is taxable only under the 38th item. ..... of stamps ([1899] a.c. ..... in this case called upon the petitioner to pay tax even in respect of sales of indian beer at twenty-five per cent. ..... the petitioner is that in respect of the turnover relating to the sales of indian beer, the tax demanded is excessive. 19. ..... the argument is that indian beer sold by the petitioner was country liquor and therefore fell within the 39th item, and the tax which could have been demanded, according to the argument, is not .....

Nestle's Products Limited and Anr. Vs. Milkmade Corporation and Anr.

Court : Delhi

Reported in : AIR1974Delhi40; ILR1973Delhi203

..... proprietors of the registered trade marks 'wellworthy', 'welflex' and 'welcrom' in respect of goods which were included 'metallic alloys' and that the registration of the metallic alloy would be contrary to section 12 of the trade marks act, 1938 on account of 'welloy' and 'walloy' both being similar visually and phonetically, and that the goods in respect of which welloy were registered (alloys containing lead, the lead predominating) are goods of the same ..... 352, where the following observations were made by vice chancellor wood : 'ifa manufacturer does not carry on a trade in iron, but carries on a trade in linen, and stamps a lion on his linen, another person may stamp a lion on iron; but when he has appropriated a mark to a particular species of goods and caused his goods to circulate with this mark upon them, the court has said that no one shall be at liberty to defraud that ..... 1 is the registered proprietor of the following among other trade marks registered in india in respect of goods mentioned in class 29 of the classified list of goods in the fourth schedule of the trade and merchandise marks rules : (1)trade mark consisting of a figure representing a milkmaid and the words 'milkmaid brand'. ..... moreover 'milkmaid' is an ordinary english word which could not be registered under the indian trade and merchandise mark act. ..... 2) is supposed to be carrying on the business of the first defendant either alone or in association with other persons in the following circumstances ..... 1899 .....

Oswal Fats and Oils Limited Vs. Additional Commissioner (Administratio ...

Court : Supreme Court of India

Reported in : JT2010(3)SC510

..... lease agreement:and whereas the transfers as aforesaid made by the bhumidhars in favour of the lessee in respect of the land described in schedule `a' hereto being in contravention of section 154 of the uttar pradesh jamindari abolition and land reforms act, 1950 (hereinafter called 'the said act') were void under section 166 of the said act and consequently the said land vested in the government of uttar pradesh (hereinafter called 'the state government') under section 167 ..... on june 15, 1976 a `co-operative society': provided that where the transferee is a co-operative society, the land held by it having been pooled by its members under clause (a) of sub-section (1) of section 77 of the uttar pradesh co-operative societies act, 1965 shall not be taken into account in computing the 5.0586 hectares (12.50 acres) land held by it. (2) subject to the provisions of any other law relating to the land tenures for the time being in force, the ..... apart, in view of lease agreement dated 15.10.1994, which was not produced by the appellant before the additional commissioner, the learned single judge of the high court and even this court (for the first time, the lease agreement came to the fore when a copy thereof was annexed with the counter affidavit filed on behalf of the respondent), challenge to the competence of sri t.r. ..... preface and para 21 of that judgment read as under:for many centuries, indian society cherished two basic values of life i.e. ..... . commissioner of stamps (1899) ac .....

Sri Gadadhar Ramanuj Das and ors. Vs. the Province of Orissa and anr.

Court : Orissa

Reported in : AIR1950Ori47

..... are calculated with reference to income, it is urged, amount to income tax, falling under item 54, list ii of schedule vii of the constitution act and accordingly the sections imposing them are said to be ultra vires the provincial legislature. ..... 12) wherein their lordships of the judicial committee say :'it is not necessary for their lordships to determine whether, if a special fund had been created by a provincial act for the maintenance of the administration of justice in the provincial courts, raised for that purpose, appropriated to that purpose, and not available as general revenue for general provincial purposes ..... only other question chat remains which has been raised at the bar is that the impugned provisions of the act are inseparable from the rest and if they are found to be invalid the whole act is ultra vires, as pointed out by my learned brother in the view that we have taken this ..... out that: 'a legislature which passes a law having extraterritorial operation may find that what it hag enacted cannot be directly enforced, bat the act is not invalid on that account and the courts of its country must enforce the law with the machinery available to them.'53. ..... was obtained under section 107(2) of that act with a view to cure any repugnancy that may exist between any of its provisions and any of the provisions of an existing indian law relating to matters in the concurrent ..... question in the case was whether certain stamp duties collected in connection with administration of ..... 1899 .....

T.V. Venugopal Vs. Ushodaya Enterprises and anr.

Court : Andhra Pradesh

Reported in : 2001(2)ALT42

..... any cinematograph film or sound recording in respect of the work;(v) to make any translation of the work;(vi) to make any adaptation of the work;(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);(b) xxxx(c) in the case of an artistic work,-(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of ..... subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless,-(i) in the case of a published work, the work is first published in india, or where the work is first published outside india, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of ..... and other articles or stationery containing or consisting the offending trademark eenadu and copyright eenadu together with all blocks, dies, rubber stamps, photos negatives and the like containing or consisting the offending trademark eenadu and the copyright eenadu together with all blocks, dies, rubber ..... of trademarks act as compared to section 5 of trademarks act, 1940, registration of trademark is to be made only in respect of class or genus and not in respect of articles of different species under the genus is based on incorrect appreciation of section 8 of the trademarks act and 4th schedule of ..... indian ..... ( .....