Court : Karnataka
Reported in : (1991)99CTR(Kar)269; ILR1991KAR3414; [1992]194ITR584(KAR); [1992]194ITR584(Karn)
S. Mohan, C.J.1. These two appeals arise out of the judgment of our learned brother Rajasekhara Murthy J., dated April 19, 1991, rendered in Writ Petition No. 6655 of 1991. 2. We will refer to the facts in Writ Appeal No. 1318 of 1991 : Appellant entered into an agreement on November 28, 1990, with the third respondent for sale of an immovable property known as Mohan Buildings situate at Nos. 775 to 809, Old Taluk Cutchery Road, Chickpet, Bangalore. Both the appellant and the third respondent, i.e., the transferor and the transferee, filed Form No. 37-I prescribed by the Income-tax Rules, 1962 (hereinafter referred to as 'the Rules'), framed under the Income-tax Act, 1961, (hereinafter referred to as 'the Act'), with the appropriate authority on November 30, 1990. The appropriate authority, by exercising power under section 269UD(1) of the Act, passed an order on January 24, 1991, directing the purchase of the said immovable property by the Central Government and holding that the prope...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... barriers. (2) the said freedom is not impeded, but, on the other hand, promoted, by regulations creating conditions for the free movement of trade, such as police regulations, provision for services, maintenance of reads provision for aerodromes, wharfs etc., with or without compensation. (3) parliament may by law impose restrictions on such freedom ..... laws regulating commerce could be valid, there was a series of tests evolved. the first was the dichotomy evolved by marshall, j. between 'commerce' and 'police' powers. this evolved primarily because states had waged destructive wars on each other. a common diagnosis was that state governments had been too responsive to local economic ..... from undue interference with liberty of person and freedom of contract is visionary, wherever the law is sought to be justified as a valid exercise of the police power. scarcely any law but might find shelter under such assumptions, and conduct, properly so called, as well as contract, would come under the .....
Tag this Judgment!Court : Delhi
Reported in : 1995IVAD(Delhi)745; 60(1995)DLT885; 1995(35)DRJ464
..... nationals examined are three. the trial record shows that the accused had no objection to the said witnesses being called and examined on the indian side, near the border, during the court-martial proceedings. no objection to the procedure of summoning was raised. this is clear from the following record: 'at this stage of the ..... evidence without any coercive process. there is, in our opinion, nothing detracting from the evidence of a foreign national who is examined on this side of the border. the mode of procuring his presence on this side in india, through a message from the commandant on the indian side to the commandant of bangla rifles ..... is clearly not mandatory. just as there are provisions in the civil procedure code . or cr. p.c. for obtaining evidence on commission, there is procedure indicated in the border security force act also. supposing, on a communication from the court in india to witnesses in a foreign country, - say through officials or lawyers - the indian court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT708
ORDERN.V. Ramana, J.Brief Case of the Petitioners1. One Shri Mohd. Amjad Ali Khan, was the owner of agricultural land in an extent of Ac. 481.61 situate in Sy. Nos. 270, 284 to 300, 302, 304, 306, 307 and 311 to 317, Bachupalli village, Medchal Taluq, Ranga Reddy District. He died in the year 1950. After his death, his wife, namely Smt. Rabia Begum, his two sons, namely Ahsan Ali Khan and Akram Ali Khan, and his two daughters, namely Tahera Yousuf Kadri and Qudsia Sajjad, the petitioners herein succeeded to his property, and since then they were in enjoyment and possession thereof.2. While so, the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Land Reforms Act') came into force w.e.f. 01.01.1975. The petitioners state that their mother, their two brothers and themselves, filed declarations separately under Section 8(1) of the Land Reforms Act, in respect of an extent of Ac. 481.697 cents of land in the above mentioned survey numbers, bef...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC673; 2008(1)AWC708(SC); 146(2008)DLT217(SC); (2008)3MLJ543(SC); 2007(14)SCALE90; (2008)2SCC728; 2008(2)CivilLJ21; 2007(8)Supreme587; 2008(1)LH(SC)166; 2008(1)ICC647; 2008(3)KCCRSN171; 2007AIRSCW7785
Tarun Chatterjee, J.1. Leave granted.2. This appeal has been preferred before us, assailing the judgment and decree dated 19th of April, 2007, passed by the High Court of Delhi, whereby, the High Court had dismissed the appeal of the appellant, thereby affirming the judgments of the courts below decreeing the eviction suit filed at the instance of the respondent against the appellant. 3. The facts leading to the filing of this appeal may be stated as follows.4. On 16th of July, 1980, the appellant entered into a lease with Dr. Santokh Singh HUF for a period of 4 years, with respect to the property situated at N-112, Panchsheel Park, New Delhi (for short 'the suit premises'), at a monthly rent of Rs. 3500/-. Accordingly, at the expiry of the afore said period of 4 years, a notice of eviction dated 5th of April, 1984 was issued which was followed by filing an Eviction petition No. 432 of 1984 before the Additional Rent Controller by Jasraj Singh, claiming himself to be the Karta of Dr. S...
Tag this Judgment!Court : Orissa
1. The petitioner, Geomin Minerals & Marketing (P) Ltd. which is a Company incorporated under the Indian Companies Act, 1956, has filed this writ petition, inter alia with the following prayers:"Order the opposite parties to dispose of all pending applications for Mineral Concessions filed by the petitioner and set out in the petition in accordance with its vested right to preferential consideration in view of the fact that the petitioner's applications have been filed on the first date of availability and eligibility.Issue a writ of prohibition or any other appropriate writ, order or direction restraining the opposite parties from considering applications for Mineral Concessions of later applicants to the petitioner until the applications of the petitioner are first considered and disposed of by according priority or preferential right based on the petitioner being a first day applicant having applied for the concerned Mineral Concessions set out in the petition on the first date of a...
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR672
B.U. Wahane, J.1. Blood is thick than water is exclaimed universally. No distance breaks the tie of blood; brothers are brothers evermore. Brothers foregoing world of pleasure for younger of same blood seems to have bared in annals of history under the sway and sweep of material commercialization, likewise respect and reverence to elderly and old venerated souls, pitiably faded in thin air. Robert Browning said 'Brother's love exceeds all the world's lives in its unworldliness'.2. But the phenomenon of family feud not infrequently had disastrously decreed the course of history to the detriment of many erstwhile illustrious family.3. Greed of wealth remains arbitrary of destiny of many petty souls, where worldly wisdom is extolled and altruism detested. Milton in 'Paradise Regain' said : 'Money brings honour, friends conquest and realms'.Barnord Shaw said :'The universal regard for money is the one hypothetical fact in our civilization. Money is the most important thing in the world. It...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... of the panchayat secretary are very wide, categorized into different heads such as those relating to panchayat administration, general administrative functions, help to concerned departments, police functions, community welfare and development, maintenance of various records and co-ordinating functions.section 33 provides emergency powers to the sarpanch, in consultation with the ..... such concerns. on account of its size, resources and national perspective, the federal government is able to deal with certain problems that extend across the borders of individual states. the state governments can focus on the unique impact that a problem may have in a particular geographical or economic area, are ..... jagannathan : [1986]2scr17 ) and also on julius v. lord bishop (1880) 5 ac 214 (hl) which case was followed by this court in commr. of police v. gordhandas bhanji : [1952]1scr135 . we are unable to agree with the above contention. as pointed out earlier, the constitution bench of this court in c.a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC746; 2001(1)ALD(Cri)266; 2001ALLMR(Cri)1038(SC); 2001(1)ALT(Cri)304; (2001)2CALLT8(SC); 2001CriLJ978; (2001)3GLR2341; JT2001(1)SC410; 2001(1)SCALE284; (2001)3SCC22
..... informed them that huge consignment of fire arms was being sent for punjab and arrangement should be made for a motor truck to transport the consignment of weapons from indo-pak border and for the purpose accused no.1 gave rs.10,000/- to accused no.20 for arranging the truck;12. in the month of february accused nos. ..... has proved ex.336, the visa application form in the name of ch. mohd. iqbal of dated 26.11.1992. pw70 suresh bapurao gayakwad, ex.443, asstt. police inspector -- police station matunga stated that in october, 1991 he was working as sub inspector-cum-immigration officer at sahar international airport, bombay. he has proved the visa form and trp ..... , he denied of having produced rs.90000/- in indian currency and 1700 pounds before cbi inspector. it is his say that he was detained and interrogated by the police at santacruz police station, bombay and at ahmedabad for some days in connection with this case. pw127 harbhajanram shantaram, dy. s.p.-cbi, s.i.c. ii branch, new delhi .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1671
..... trials. in paragraph 3 of this counter-affidavit, the deponent om prakash pandey stated that the proposal for the detention of the petitioner was received from the collector customs indo-nepal border by the government of uttar pradesh on 21-11-1991. the whole explanation starts from 21-11-1991. nothing has been stated as to how the matter was ..... been reached by the district magistrate could not be regarded as real or genuine. now it is true, as pointed out by this court in golam hussain v. commr. of police, calcutta, (1974) 4 scc 530 : air 1974 sc 1336 : 1974 cri lj 938 that 'there must be a live link between the grounds of criminal activity alleged by ..... was assessed at rs. 2,16,000/-and rs. 2,000/- respectively. as the petitioner did not possess any valid permit or custom receipt for bringing into indian border the foreign gold, a recovery memo in respect of the recovered articles was prepared and the goods were seized. the custom officer recorded his statement on the same the petitioner .....
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