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Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Reported in : 1996(5)BomCR564

..... custodian had submitted that even secured creditors have now to stand in line and be paid only at the time of distributions under section 11 of the special court act. on 22nd july, 1993, this court had, after hearing all the concerned parties, passed an order in misc. application no. 96 of 1992 reported in 1994 bank.j 623, ..... in the present case notices under section 22(1) and (2) of the income tax act were already issued before the notification of 26th may, 1940. the notices were the foundation of the jurisdiction of the income tax officer. at that time the finance act of 1940 was not operative in the area in question and the governor, by his notification ..... a misunderstanding of the jurisdiction of the income tax officer and the operation of the income tax act. the income tax assessment proceedings commence with the issue of a notice. the issue or receipt of a notice is not, however, the foundation of the jurisdiction of the income tax officer to make the assessment or the liability of the .....

Shri Girish Vyas and anr. Vs. the State of Maharastra and ors.

Court : Supreme Court of India

..... case and that the material as contained in the petitions did not justify any further probe. the high court rightly rejected that argument. there was a sufficient foundation in the petition for the further steps to be taken by the high court. the petitions before the high court were in the nature of public interest ..... committee of the congress under his chairmanship made a recommendation of setting up a permanent planning commission in 1947-48. 144. shri h.k. paranjape, (1924-1993) an eminent economist and a former member of monopolies and restrictive trade practices commission and former chairman of railway tariff committee, in his monograph jawaharlal nehru and ..... for a garden. the plan was sanctioned in exercise of the power of the state government under section 10 of the then prevalent bombay town planning act 1954 (1954 act for short). this notification stated that the pmc had passed the necessary resolution of its intention to prepare a development plan, carried out the necessary .....

Bidhannagar (Salt Lake) Welfare Association Vs. Central Valuation Boar ...

Court : Supreme Court of India

Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962

..... annual valuation of lands and buildings for the purpose of assessment of municipal tax indisputably is governed by the provisions of the west bengal municipal act, 1993 (for short 'the municipal act'). in terms of section 110 thereof, the annual valuation of lands and buildings is required to be determined by the central valuation board ..... taxpayers but where a fair procedure has not been laid down, in our opinion, the validity thereof cannot be upheld. [see smith v. kvaerner cementation foundations ltd (bar council intervening) (2006) 3 all er 59351. for the reasons aforementioned, the judgment of the division bench of the high court is set ..... of.provided that wherever theprevious valuation refers to a valuation made under the bengal municipal act,1932 (bengal act xv of 1932), and in force on the date immediately before thecommencement of the west bengal municipal act, 1993 (west bengal act xxii of1993), no application under sub-section (1) shall be entertained unless theamount of .....

B. Gowra Reddy Vs. Government of Andhra Pradesh Rep. by Its Secretary, ...

Court : Andhra Pradesh

Reported in : AIR2002AP313; 2002(3)ALT439

..... jurisdiction is an essential condition of every valid res judicata, which means that, in order that a judicial decision relied upon, whether as a bar, or as the foundation of an action, may conclusively bind the parties, or (in the case of in rem decisions) the world, it must appear that the judicial tribunal pronouncing the decision ..... agreed that these three writ petitions can be disposed of together; therefore, they are being disposed of by this common order. 2. writ petition nos.12275 of 1993 and 681 of 1997 are filed by the individual-purchasers, while writ petition no.25392 of 1996 is filed by sri lakshmi narasimha swamy colony residents association, the ..... .nos.141, 143, 144 and 145 situate at meerpet village.after the andhra pradesh (telangana area) inams abolition act,1955 came into force, the cultivating tenants acquired occupancy rights.the petitioners in writ petition nos.12275 of 1993 and 681 of 1997 had purchased total extent of acs.22.19 gts. in the year 1972. the petitioners .....

Sobha Projects and Trade (P) Ltd., Registered Under the Companies Act ...

Court : Karnataka

Reported in : 2009(6)KarLJ161

..... by enacting a provision which in substance overrules such judgment and is not in the realm of a legislative enactment which displace the basis or foundation of the judgement and uniformly applies to a class of persons concerned with the entire subject sought to be covered by such an enactment having ..... also placed on a division bench decision of this court in state bank of mysore v. s.m. essence distilleries private limited and ors. : air 1993 kar 359 wherein this court while referring to the several judgments cited herein above apart from other judgments, has reiterated the opinion expressed herein above.8. ..... the same as being unconstitutional.10. in the light of, the above submissions, it is useful to extract article 6 of the schedule to the amendment act, which reads as follows:--------------------------------------------------------------------------f. agreement relating to deposit oftitle deeds, [pawn or pledge], thatis to say, any instrument evidencingan agreement relating to,-(1) .....

The State of Karnataka, Rep. by Its Chief Secretary, Government of Kar ...

Court : Karnataka

..... be set aside.19. further he contended by virtue of the power conferred under section 13 of the protection of human rights act, 1993, the commission has constituted the panel. section 16 of the act provides for conducting an enquiry. if the commission wants to consider it necessary to enquire into the conduct of any person or ..... court in prakash singhs case has given the discretion of selection to the state government. therefore, the selection of the state cannot be faulted. no firm foundation is laid in the pleadings to establish the ground of malafides. hence, the ground of malafides is liable to be rejected. they have traversed all other allegations ..... in detail. it is further stated that regarding the doctrine of command responsibility, in the meeting held between the chief minister of karnataka and tamilnadu on 10.04.1993, at fort st. george chennai, it was decided that the karnataka and tamilnadu task forces should work jointly under the commandership of sri. walter devaram, the then .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... regarding that is grounded on the single allegation that their father was threatened with death. when all the verbiage is cleared away, that remains as the only foundation. the rest and in particular the facts set out in paras. 8 to 12 about the ferocious appearance of firangi rai and his allegedly high handed and criminal ..... rights. these acquisitions prior to filing of the suit are not disputed or challenged in any manner whatsoever in the present suit. these prior acquisitions however give a foundation to some of the submissions of the plaintiffs with respect to the acquisitions made subsequently which are challenged in the present suit.8. disputed acquisitions : suit no. ..... 1994. similarly, defendant no. 5 was born on august 19, 1996. this being the position, how could they be acting in concert on december 14, 1993 similarly in para. 4{b), the allegation is that defendant no. 3 had acted in concert in december, 1995, with defendants nos. 1, 2 and 4 to 11. they acquired further shares in .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993) and also, resultant provisions in the 'bihar rent refixation rules, 1995' ('rent rules of 1995') under ..... of redetermination of rent and, therefore, the impugned provisions were being given retrospective effect contrary to section 1 of bihar tenancy (amendment) act 1993 which enforces. the amendment act prospectively. a careful perusal of the relevant provisos makes it clear that second proviso is in respect of requirement to take prior permission ..... equality, liberty and freedom. the system of judicial review in india has not only a legal basis but it has also a philosophical and ethical foundation, and the vitality of this system stands mostly on the historical perspective, social and economic view of life, and, also, on the persuasive conscience .....

National Council for Teacher Education Vs. Edara Al-nishat Muslemeen E ...

Court : Patna

..... for recognition of the college in terms of the bihar non-government physical training college (control and regulation) act, 1982 and the matter remained pending. in the meantime, in 1993 the parliament enacted the national council for teachers education act, 1993 (hereinafter referred to as the act) with an object to achieve planned and coordinated development of the teacher education system throughout the country, the ..... not considering its case for recognition. in other words, according to him, there was no question of the state act being incomplete with the central act nor there was a question of obtaining a no objection certificate under the state act. thus, the very foundation given by the learned single judge for issuance of a direction is non-est in the eye of law .....

Adarsh Shiksha Mahavidyalaya and ors. Vs. Subhash Rahangdale and ors.

Court : Supreme Court of India

..... , many of whom have not been granted recognition due to non- fulfilment of the conditions specified in the national council for teacher education act, 1993 (for short, `the 1993 act') and the regulations framed thereunder and by the students who have taken admission in such institutions with the hope that at the end of ..... they are conditions precedent and relate to fundamental realm of recognition. (c) certain conditions are relatable to the institutions after they become functional but on that foundation it cannot be construed that the orders of recognition are totally unconditional. (d) the state government cannot refuse `no objection certificate' relying on the m ..... that matter castle in spain, but it is absolutely inapposite on the part of aspirants registered bodies or institutions to admit students and pyramid the foundation relying on the bedrock of legitimate expectation that the students would be treated as students who have been admitted in such institutions in such course .....