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Judgment Search Results Home > Cases Phrase: motor vehicles west bengal amendment act 1985 Court: chennai Page 3 of about 287 results (0.160 seconds)

Aug 25 2000 (HC)

Union of India (Uoi) and ors. Vs. T.K. Choudhuri

Court : Chennai

Reported in : (2000)IIILLJ908Mad

..... state road transport corporation, : [1964]6scr330 , the court in a matter arising out of the motor vehicles act, 1939 where certain allegations against the minister went uncontroverted, had occasion to administer a word of caution. ..... according to the respondent, he was posted to eastern coal field, seethalpur, west bengal in february, 1986 on temporary duty and later transferred to madras to the office of the 3rd respondent, where he joined in june, ..... overall assessment was average.in view of the assessment made under different heads as above, the question is, whether the overall assessment as average is correct?november, 1984 to march, 1985: the general overall assessment was average.july 1985 to february 1986: the reporting officer has noted as under:'he should develop more confidence in his work. ..... of annual physical stock verification report as on march 31, for the year 1983 - 84, 1984 - 85, 1985 - 86 and 1986 -87 for the items provided by the management to cisf unit hfcl namrup. ..... and deputy commandant on february 28, 1985 regarding unit stores of hfcl namrup. ..... for the period july, 1985 to february, 1986, the reporting officerhas noted that the respondent should develop more confidence in his work and he was not a ..... 134/2/83/avd 1 dated may 2, 1985 as also para 3 of force head quarters circular 46/87 dated november 12, 1987 and para 5(f) of the force head quarters letter 15011/1/79 l&r; dated september 25, 1980, he is entitled to copies of all materials that are relied upon by the .....

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Jun 27 2006 (HC)

Elgi Finance Ltd. Vs. Essrope Mills Ltd.

Court : Chennai

Reported in : III(2007)BC667; (2006)3MLJ809; [2006]70SCL308(Mad)

..... proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of receiver in respect thereof', but the said amendment cannot be of any help to the lessee company because as observed above, so far as finance company is concerned it has not filed any suit against the lessee company for recovery of money against the industrial company or ..... vehicles in the present case from the lessee company when the said vehicles are not the properties of the sick industrial company (lessee company) and are not covered under section 22(1) of the act of 1985 ..... it is true that that by the sick industrial companies (special provisions) amendment act, 1993 section 22(1) was amended and, 'and no suit for the recovery of money or for the instrument of any security against the industrial company or guarantee in respect of any loans or advances granted to the industrial company' was inserted after, 'no ..... and other measures which need to be taken with respect to such companies and the expeditious enforcement of the measures so determined, the provision regarding suspension of legal proceedings contained in section 22(1) seeks to advance the object of the act by ensuring that a proceeding having effect on the working or the finances of a sick industrial company shall not be instituted or continued during the period the matter is under consideration before the board or the appellate authority or .....

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Jun 13 1991 (HC)

G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer

Court : Chennai

Reported in : (1992)104CTR(Mad)143; [1992]195ITR137(Mad)

..... before the apex court of the judicial administration of this country, which happened to consider this aspect of the matter and rendered a decision, which, at the present juncture, i feel is purely academic consequent to the amendment of section 136 of the income-tax act that came into being by the finance act, 1985, with retrospective effect from april 1, 1974. 19. ..... state of west bengal : 1953crilj1232 , their lordships of the supreme court considered the scope of section 195 of the criminal procedure code and, in the process of such consideration reliance was sought to be placed on the full bench decision of ..... state of west bengal : 1953crilj1232 in which it was held that, if the allegations made in a false report disclose two distinct offences, one against a public servant and the other against a private individual, the latter is not debarred by the ..... state of west bengal : 1953crilj1232 , and other decisions of this court and other high courts, held as follow : 'section 195(1), criminal procedure code, does not bar the trial of an accused for a distinct offence disclosed by the ..... such a submission, a new dimension is sought to be given to chapter xx-a dealing with the acquisition of immovable properties in certain cases of transfer to counteract evasion of tax, introduced for the first time by the taxation laws (amendment) act, 1972, with effect from november 15, 1972, consisting of sections 269a to 269s, in cases of prosecution for violation of certain provisions therein. .....

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Oct 23 2007 (HC)

Madathil Brothers Vs. the Deputy Commissioner of Income Tax, Special R ...

Court : Chennai

Reported in : (2008)217CTR(Mad)416; [2008]301ITR345(Mad)

..... however, it must be noted that the decision is distinguishable as the same was with reference to the chargeability under section 45 with reference to 'transfer' as defined under section 2(47) as it then stood prior to the amendment under the taxation laws amendment act, 1984 with effect from 1.4.1985. ..... ' the apex court pointed out to the amendment to section 27 under the finance bill, 1987, to get over an obvious omission to the meaning of the word 'owner' under section 22 that even though in common law, 'owner' means a person who has got valid title legally conveyed to him after complying with the requirements of law under the transfer of property act and the registration act, having regard to the ground realities and the object of the ..... '; as such, it is not possible to accept the stand of the respondent that the transactions falling under section 53a of the transfer of property act for the purpose of considering the capital gains would fall for consideration for the purpose of considering the same as falling under long term capital asset only on and from the amendment inserted under the finance act, 1987, with effect from 1.4.1988. ..... touching on the scope of section 27 of the income tax act, brought forth under the finance bill of 1987, the apex court held 'we have, therefore, no hesitation to hold that the amendment introduced by the finance bill, 1987, was declaratory/clarificatory in nature so far as it relates to section 27(iii), (iiia) and (iiib). .....

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Feb 16 2008 (HC)

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

..... is that the respondent being a reputed organisation is not going to leave the country and in fact it is bound by the motor vehicles act and assessable to other taxes and therefore, it is not impossible for the applicant to recover any compensation even if the applicant succeeds ..... that at this stage of interim application, while considering the prima facie case and the balance of convenience, the patents (amendment) act, 2002 (act 38 of 2002), which has come into effect from 20.05.2003 and amendment act 2005, which came into effect from 01.01.2005 have to be taken into consideration, since there are remarkable changes in the ..... that us honda 1985 was relating to three valve, 2 spark plug screw fitted engines, while avl patent related to three valve low fuel combustion and two valve small volume motor cycles and that ..... three valve system and the change was effected by the applicant only to distinguish from that of the honda, which was in use from 1985 and is available for use by every one. ..... ltd. air 1985 del 136, where the division bench held that every ground on which a design may be cancelled under the act should be available by way of defence to a suit for infringement and that on the strength of a recent design, the plaintiff can claim absolute restrain against everyone else from carrying ..... 4534322 dated 13.08.1985, which expired on 12.08.2005, which is the combination of two spark plugs with three valves and therefore, the respondent is entitled to use the same and the same is also .....

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Mar 02 2007 (HC)

Ramgopal Estates Pvt. Ltd., Rep. by Managing Director K.S. Hemanth Kum ...

Court : Chennai

Reported in : 2007(2)CTC369

..... in that case, the state of west bengal filed a suit against the union of india challenging the constitutional validity of the coal bearing areas (acquisition and development) act, 1957, on the ground that the act to the extent it applied to the land vested in or owned by the ..... there is a need for application of mind by the appropriate government that such an urgency for dispensation of the section 5a inquiry is inherent in the two types of urgencies contemplated under sections 17(1) and (2) of the act..an argument was sought to be advanced on behalf of the appellants that once the appropriate government comes to the conclusion that there is an urgency or unforeseen emergency under sections 17(1) and (2), the dispensation with inquiry under section ..... eco-friendly environment on the basis of articles 14, 19(1)(g) and 21 of the constitution of india and also on the ground of violations of the guidelines of coastal regulation zones, notified under the provisions of the environment (protection) act and rules, as hereunder:(i) the setting up of the park will be an environmental hazard in the impugned locality and would also endanger the pulicat lake as well as the pulicat birds sanctuary;(ii) the impugned proposal is in violation ..... are constrained to traverse the constitution amending process bearing on the three relevant entries relating to the acquisition and requisitioning of property by way of constitution (seventh amendment) act, 1956, which came into force ..... delhi : [1985]1scr588 and .....

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Dec 20 2006 (HC)

Uti Bank Ltd. Vs. the Dy. Commissioner of Central Excise, Chennai Ii D ...

Court : Chennai

Reported in : 2007(115)ECC323; 2007LC323(Madras); [2007(2)JCR13(Mad)]; 2007[6]STR82; AIR2007Mad118(FB); 2007(1)LW50

..... including the amount required to be paid to the credit of the central government under section 11d], the officer empowered by the [central board of excise and customs constituted under the central boards of revenue act, 1963 (54 of 1963)] to levy such duty or require the payment of such sums may deduct the amount so payable from any money owing to the person from whom such sums may be recoverable ..... the contrary contained in any law for the time being in force, any amount of tax, penalty, interest and any other sum, if any, payable by a dealer or any other person under this act, shall be the first charge on the property of the dealer, or such person.under this section, the amount of sales tax or any other sum due and payable by a dealer or any other ..... definitions:2(zd) secured creditor' means any bank or financial institution or any consortium or group of banks or financial institutions and includes-(i) debenture trustee appointed by any bank or financial institution; or[(ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or](iii) any other trustee holding securities on behalf of a bank or financial ..... 3scr855 and state of west bengal v. ..... sales tax act, 1954 by way of an amendment in 1989. ..... : [1985]152itr420(sc) their lordships have held that it is a general principle of law that debts due to the state are entitled .....

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Apr 22 2007 (HC)

Minor S. AswIn Kumar, Rep. by His Father and Natural Guardian Mr. P. S ...

Court : Chennai

Reported in : 2007(2)CTC677

..... .vi) in such view of the fact, if really the state government is interested to abolish the aptitude test also, it is open to the state government to tie up with the central government and bring a central legislation/ amendment, at any time to the said regulation to the extent or otherwise abolishing the aptitude test also for admission to the study of architecture.vii) equal distribution of power/right/benefit is the back bone of the constitution:i) ..... in view of the above judgment of the high court, the state government vide letter second read above have written to government of india requesting them to amend suitably the medical council of india and all india council for technical education regulations so as to enable the state governments to decide as to the conduct of common entrance test for admission ..... can arise the conditions which must be satisfied are : (1) that there is a clear and direct inconsistency between the central act and the state act; (2) that such an inconsistency is absolutely irreconcilable and (3) that the inconsistency between the provisions of the two acts is of such a nature as to bring the two acts into direct collision with each other and a situation is reached where it is impossible to obey the one without disobeying ..... prior to 1984-1985 admission to professional colleges in tamil nadu was done based on the academic marks plus the ..... by an entrance test conducted by the anna university for admission to the professional colleges from the year 1984-1985. .....

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Mar 31 2010 (HC)

The National Insurance Co. Ltd. Vs. Thirumoorthy (Death) and ors.

Court : Chennai

..... 'legal representative' has not been defined either in the act or the west bengal motor vehicles rules, 1989 (in short 'the rules'). ..... the relevant head notes of which are as follows:motor vehicles act, 1988, sections 166 and 140 'claim application' legal representative 'daughter' whether a married daughter not dependent on the deceased is entitled to file claim for the death of her father' held ..... towards no-fault liability under section 140 of the motor vehicles act.16. ..... from the first and second respondents, who are the owner and insurer of the said lorry involved in the said accident, under section 166(1) of the motor vehicles act. ..... p2, the motor vehicle inspector's report that the first respondent's lorry had been mechanically inspected on 01.03.2005 and that it had been insured with the second respondent and that its driver had a valid driving licence ..... that though a married daughter can be covered by the expression 'legal representative' appearing in section 166 of the act, she was not entitled to any compensation unless he or she was dependent on the deceased. ..... when the (deceased) muthuvel was proceeding on his cycle carefully from east to west on the kozhiyur bridge at the thittakudi-vriddhachalam main road, near kozhiyur bus stop, the first respondent's lorry bearing ..... therefore, this court confirms the award granted by the motor accident claims tribunal, additional district court, fast track ..... p14, it is seen that the deceased muthvel had been supplying sugarcane from 1985 onwards. .....

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Jun 28 1996 (HC)

P. Samiappa Gounder and Cheran Transport Corpn. Ltd. Vs. Thirumalai Tr ...

Court : Chennai

Reported in : 1996(2)CTC246

..... could not have issued a direction to the second respondent to issue a stage carriage permit pursuant to such order, that the first respondent failed to produce the vehicle as required by rule 163(b) of the tamil nadu motor vehicles rules framed under the motor vehicles act, 1939; therefore, the decision of the regional transport authority granting permit should be deemed to have been revoked; that the permit granted for the route overlapped ..... of motor vehicles act, 1988 are deemed to have been passed in accordance with the provisions of the tamil nadu motor vehicles (special provisions) act, ..... to him, as per section 57(7) of the motor vehicles act, 1939 for granting the permit, no reasons are ..... and place at which, the application and any representation received will be considered:provided that, if the grant of any permit in accordance with the application or with modifications would have the effect of increasing the numbers of vehicles operating in the region, or in any area or on any route within the region, under the class of permits to which the application relates, beyond the limit fixed in that behalf under sub-section (3) of ..... west bengal ..... (2) subject to the provisions of the act and these rules and to the approval of the state government, a state or a regional transport authority shall have power to make bye-laws to regulate the conduct of its business and shall likewise have power to amend or rescind transport authority shall be conducted according to such bye-laws under .....

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