Court : Punjab and Haryana
Reported in : AIR1966P& H111
..... these provisions are different. section 21 (4) relates to the final stage of repartition proceedings, whereas section 36 deals with the variation/revoking of the scheme by the settlement officer. the settlement officer could vary or revoke the scheme even though the proceedings under section 21 were pending. further, it is not correct to say that in jiwan singh's ..... the trustee, acting upon the valuation put upon the security by the creditor, has exercised the right given to him by the 12th rule, to redeem the security 'on payment to the creditor of the assessed value'. it is impossible to suppose that, after the trustee has paid the amount of the valuation, and has thus on behalf of ..... bankruptcy act, 1883. rule 12 (a) provides that where a security is valued by a creditor in his proof, the trustee may at any time redeem it on payment to the creditor of the assessed value. and rule 13 provides that a creditor who has valued his security may 'at any time' amend the valuation and proof on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.
..... provided that if a tax- payer settles his dues regarding the direct and indirect taxes and once a final settlement is arrived at in pursuance of the scheme and once the payment is made as per the settlement, the tax-payer earns a complete immunity in respect of the transaction which includes the prosecution from all or ..... in paragraphs 46 and 47 in alpesh navinchandra shah's case. it was contended that the legislature had created a settlement commission for generating revenue and had also made provisions for release of the goods on payment of duty and had also made provisions for granting immunity from prosecution under the customs act, 1962 under the ..... with, and after realization of the customs duties not only the goods are ordered to be released but on considering the cooperation extended by him in the settlement proceedings, the settlement commission had also granted to him immunity from prosecution under the customs act, 1962 as well as under ipc. the reliance there, however, was being .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi265; ILR1976Delhi457
..... by the main part of the rule. this is exactly what had been done by the managing officer, and the same had been affirmed by the additional settlement commissioner, the settlement commissioner, and the central government. the con'ention of teh learned counsel that the entire house should not have been directed to be transferred to shrimati attar ..... was rs. 2,630/8.00 , while the balance of compensation due to shrimati attar kaur was rs. 5,629. rule 30 is the rule which deals with payment of compensation where an acquired evacuee property which is an allottable property is in occupation of more than one person as in the present case. it reads as follows: ..... '30.payment of compensation where an acquired evacuee pro- perty which is an allottable property, is in occupation of more than one person ifmore persons than one holding verified claims .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi1016
..... the objections, if any, has to submit the scheme with such amendments as he considers necessary together with his remarks on the objections to the settlement officer. the settlement officer who is appointed by the chief commissioner for the purpose of consolidation only by a notification after considering the proposals of the consolidation officer and ..... any right-holder desires to have a copy of the proposed consolidation scheme, it may be supplied to him or her as the case may be on payment of the prescribed fee. 7. the consolidation officer shall after obtaining the advice of the landowners of the estate or estates concerned, carry out repartition in accordance ..... which it is transferred, the lessee, mortgagee or other encumbrancer, as the case may be, shall subject to the provisions of section 34 be entitled to the payment of such compensation by the owner of the holding, or as the case may be, the tenant as the consolidation officer may determine. (3) notwithstanding anything contained .....
Tag this Judgment!Court : Gujarat
Reported in : [1967]63ITR133(Guj)
..... or any other possibility of a like nature which must be distinguished from a possibility coupled with interest. where interest in corpus is given to a donee under a settlement and such interest is contingent on the happening of an uncertain event, the donee acquires a contingent interest in the corpus which becomes vested on the happening of the ..... in kanai lal v. kumar purnendu nath, where s. r. das j., as he then was, refused to import this rule of construction in the construction of indian settlements and wills. these contentions raise an interesting question but it is not necessary for us to decide it, since] we are of the view that, apart altogether from this ..... is hereby expressly agreed and declared that the trustees shall not be liable or accountable to any one for any act bona fide done by them or for any payment bona fide made by them in pursuance of the provisions of this clause and in particular the trustees shall not be accountable or responsible for any amount expended or .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR80; (1994)IIILLJ1020Guj
..... and after application of the minimum wages act it was provided that the employees should be paid as per the settlement or the rate fixed under the minimum wages act, whichever was higher. as regards the payment of dearness allowance also the labour court held that as the hospital was not a part of the textile industry, ..... , the appointing and disciplinary authority while policy decisions are taken by the hospital committee. as far as fixation and payment of salary to the hospital staff is concerned, he stated that the same was governed by settlements arrived at between the union representing the employees and the hospital management or the minimum rate of wages fixed under ..... or receipt of meals from the canteen of the mill company on payment for the hospital patients was not inconsistent with the stand taken by the hospital. as regards the payment of salary, the labour court held that the same was governed under the two settlements arrived at under the provisions of the i.d. act between the .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(88)FLR450]; (2002)1GLR26
..... either project allowance or house rent allowance for the period in question because according to the corporation, the cases of these workmen were not covered by any settlement entitling them to the benefits of such allowances. the labour court, on examination of evidence and the submissions made by the counsel appearing for the parties concerned ..... on daily wages performing the same duties of regular employees perhaps there may be justification for issuing directions for regularisation of their services according to rules and payment of salary to the post to which they are fitted. but in view of the fact that no posts are created or existing, we cannot uphold ..... petitioner union has already resorted to the machinery under the industrial disputes act, 1947 (hereinafter referred to as 'the i.d. act') by raising industrial disputes for payment of project allowance, h.r.a. medical scheme etc. the charter of demand dated 15-12-1985 raising 59 different demands including h.r.a., and project .....
Tag this Judgment!Court : Chennai
Reported in : 1996(2)CTC442; (1996)IILLJ606Mad; (1996)IIMLJ566
..... not correct to state that the labour court was not aware of the distinction between section 9 and section 18 of the payment of bonus act. it is incorrect to state that by virtue of entering into a settlement under section 18(1) of the act, the 2nd respondent has given up his right to claim the amount which has ..... thereto, and the waiving of any claim or benefit or approved privileges for the period of services of the 2nd respondent. however, he submitted that by virtue of the settlement entered into under section 18(1) of the act, the order of dismissal stood superseded and it cannot have effect of dismissal for misappropriation. 18. the question that ..... bound by the said settlement and, therefore, cannot at all claim any benefit for the period prior to this dismissal. 32. we, therefore, hold that the view expressed by k.s.palaniswamy, j., in : (1971)iillj299mad as followed by the patna high court in : (1986)iillj459pat that on a proper construction of section 9 of the payment of bonus act, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom237; (1971)73BOMLR42; ILR1971Bom457; 1970MhLJ419
..... of interest of outgoing partners, taking over of liabilities by the continuing partner, indemnification of the outgoing partner to realise the outstanding, payment of amounts found clue on settlement of accounts, etc., are separate and distinct matters or they are accessory to the principal object of the instrument. taking into ..... separate transactions, or whether the transaction consists of the dissolution of partnership and the other matters such as those providing for payment of amounts due to outgoing partners on settlement of accounts transfer of interest of outgoing partners, taking over of liabilities and goodwill, indemnity clause, power of attorney and ..... necessity cover other matters which arise directly out of the fact of dissolution, such as settlement of accounts, payment of amounts found due on such settlement, closing down or continuation of business, collection of outstandings and payment of liabilities. for this purpose, a power of attorney and an indemnity clause would also .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR140; 1966MhLJ1149
..... relief undertakings (special provisions) act, 1958, reads as follows:4. (i) notwithstanding any law, usage, custom, contract, instrument, decree, order, award, submission, settlement, standing order or other provision whatsover, the state government may, by notification in the official gazette, direct that-(a) in relation to any relief undertaking and in respect ..... 1964 between the model mills, nagpur limited (u.a.c.), nagpur, and the rashtriya mill mazdoor sangh, nagpur, so far as they relate to payment of dearness allowance in operation and any right, privilege, obligation and liability arising from nonpayment of dearness allowance as stipulated under the said award or ..... of the period for which the industrial undertaking continues to be a relief undertaking; and any right, privilege, obligation or liability arising from non-payment of dearness allowance as stipulated under the said award and the agreement shall not be enforceable in respect of such periods;now, therefore, in exercise .....
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