Court : Allahabad
Reported in : AIR1968All396
..... provides for revising an appellate order by the state government'.their lordships then proceeded to observe that sec, 19 permits lawyers to appear before the forest settlement officer or in appeal and when all these proceedings are over, the state governmenl has to publish a notification under section 20 specifying definitely the limits of ..... extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe. all these arrangements are ..... maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted he shall, subject to such rules as the state government may make in this behalfcommute such rights, by the payment to such persons of a sum of money .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR2769
..... ' by the lok adalat, the said act does not contemplate nor require an adjudicatory judicial determination, but a non-adjudicatory determination based on a compromise or settlement, arrived at by the parties, with guidance and assistance from the lok adalat. the 'award' of the lok adalat does not mean any independent verdict or ..... appellable. petitioner is neither willing for adjudication of the dispute on merits nor it is willing to settle the matter, unless reasonable figure of amount for settlement is offered by the original applicant or by the permanent lok adalat. the petitioner, is also not binding itself, in absence of any suggestions, either ..... loan of rs. 2,25000/- @ 11% annual interest, was unable to make payment to the petitioner-bank land subsequently filed application before the permanent lok adalat at dhanbad, state jharkhand as permanent lok adalat case no. 91 of 2007 for settlement of dispute. this was unilateral application or negatively, it was never a joint application. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC540; (1969)3SCC99; [1970]2SCR732
..... points were raised before us. it was contended, in the first instance, that shri m. s. chaddha, while exercising the power of the chief settlement commissioner, had no jurisdiction to revise the order made by the claims commissioner exercising the revisional power of the chief claims commissioner under the principal act. secondly ..... commissioner under the principal act. the suo motu power to revise verified claims, according to the appellant's learned counsel, was designedly vested in the chief settlement commissioner, he being the final authority under the supplementary act. but this power, argued the counsel, was not intended to extend to proceedings, which could ..... supplementary act speaks of the final order and it includes valuation.10. this takes us. to the submission that the power of revision of the chief settlement commissioner is circumscribed within the four corners of rule 18 of the displaced persons (verification of claim) supplementary rules, 1954. this rule, of course, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC771; (1970)3SCC942; 1971(III)LC93(SC)
..... sub-section 2 further provides as follows:without prejudice to the generality of the foregoing power under sub-section (1), if the chief settlement commissioner is satisfied that any order for payment of compensation to a displaced person or any lease or allotment granted to such a person has been obtained by him by means of ..... fraud, false representation or concealment of any material fact, then, notwithstanding anything contained in this act, the chief settlement commissioner may pass an order ..... , department of rehabilitation dated 3-3-1966 it is apparent that the appellants had again pressed before him similar contentions to those urged before the chief settlement commissioner. shri nair in a detailed order while dismissing the revision observed:as regards the plea that yet another opportunity may be given to the petitioners .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1992]195ITR861(SC)
..... section 245f(7) which was merely to regulate the commissions procure, the power given to the commission cannot possibly include administrative powers. he then emphasized that the settlement commission was required to settle the case before it and the powers exercisable by it can only be with regard to that case and not the generality of cases ..... him if he did not do so... similarly, if under section 234b, the central board of direct taxes could waive or reduce interest chargeable for default in payment of advance tax in respect of a 'class of cases' in which the money seized by the department in the course of search and seizure operations under section ..... in the case of hardship, some authority should have the powers to reduce or waive the interest chargeable for furnishing the late return, interest chargeable for defaults in payment of advance tax and interest chargeable for determent of advance tax. this power was given to the central bard of direct taxes, declared as an income-tax authority .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2002)173CTR(SC)78; (2003)3SCC86; [2002]SUPP5SCR424
..... is the tax payable on the disclosed income and y is the interest payable thereon, on aggregate of this amount (i.e. x+y), if the timefor payment is extended by the settlement commission, the assessee is also required to pay the interest on the amount of 'x+y'. that is the scheme of sub-section (2c) of section ..... 234c is mandatory in nature and the power of waiver or reduction having not been expressly conferred on the commission, waiver or reduction in payment of statutory interest is outside the purview of the settlement contemplated in chapter xix-a of the act. therefore, the assessee is required to pay interest at the prescribed rate from the date ..... that sub-section or the time to pay is extended under sub-section (2b) the settlement commission is empowered to direct recovery of the said amount with interest payable thereon under sub-section (2c) and penalty for default in making payment of such additional amount in accordance with the provisions of chapter xvii, by the assessing officer .....
Tag this Judgment!Court : Delhi
Reported in : 2003VAD(Delhi)417; 2003(3)ARBLR256(Delhi); 104(2003)DLT469; 2003(2)RAJ456
..... judgment by a two-judge bench, the apex court relying upon l.k. ahuja's case came to the conclusion that notwithstanding the receipt of payment in full and final settlement of the works the appellant was entitled to have the matter referred to arbitration. the issue was decided by the apex court as under:'(1) ..... it was held that the existence of a dispute being the condition precedent for appointment of an arbitrator, the matter being settled and the contractor receiving the payment pursuant to the settlement, there was no subsisting dispute, which could be made a subject matter of reference of an arbitrable dispute.22. in the 5th judgment jayesh engineering ..... by a three-judge bench. the facts were similar. contractor's claim under the final bill was disputed. parties sat across the table and negotiated. settlement was arrived at. payment was received and thereafter the contractor sought reference of the dispute to arbitration. it was held as under:it appears that the dispute which arose on .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj9; [1965]55ITR1(Guj)
..... in their names to the trustees with the result that a trust was constituted in respect of these 160 shares on the terms and conditions contained in the settlement. the settlement was for the benefit of mahendra and manubhai, the minor sons of rambhai patel, with certain limitations over in case of death of either, rambhai lived for ..... is a correlative case. here, although the estate is vested, subject to being divested, all the rents were captured by the trusts, and 'the surplus income after payment of maintenance instead of being the property of the child in any event, formed an accretion to the estate and went with it to the present defendants'. thus, the ..... will trusts; soames v. attorney general, (1947) 1 ch 48. there the deceased had a contingent interest in the residuary estate left by a testatrix (subject to payment of two annuities) on his attaining the age of twenty-five. the will, however, contained no disposition of the income until the deceased attained the age of twenty-five .....
Tag this Judgment!Court : Chennai
Reported in : 140Ind.Cas.331; (1932)63MLJ450
..... made by the settlement officer, an astonishing way of dealing with the record of a court. and finally at the end of the chapter we find section 180, which provides for the costs of the proceedings. there is no provision for the payment of costs by a party to his opponent. but there are ..... surprising or unnatural or unreasonable in the procedure prescribed, which provides many safeguards against arbitrary orders.13. however it has been urged before us that the settlement of rents involves decisions of great importance between the landholder and the ryots, which undoubtedly affect their civil rights; and it is pointed out that under section ..... before the record is submitted to the confirming authority - revise any rent entered therein, after giving reasonable notice to the parties concerned (section 169).36. the settlement record should be submitted by the revenue officer to the 'confirming authority' appointed by the local government, with a full statement of the grounds of his proposals .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR786
..... be considered, because when the legislature thought of saving transfer of property in perpetuity it saved only such transfers whose object was the benefit of public. private settlements for the relief of poor relations, or for the education and medical relief of members of the family, would therefore be excluded, under the transfer of ..... rate under section 41, sub-section (1). that argument cannot be accepted because section 14 of the transfer of property act does not invalidate the settlement as a private settlement for the life of the beneficiaries in existence at the date of the transfer. those beneficiaries are determined but having regard to the words used in ..... he shows sufficient progress or in the opinion of the trustees deserves further encouragement.(21) the trustees shall have power at all times to discontinue the payment of any scholarships in cases of moral delinquency or deviation from the sanatan dharma on the part of the recipient, the decision of trustees being final .....
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