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Commissioner of Income-tax Bombay City-i Vs. N.U.C. Private Ltd.

Court : Mumbai

Reported in : [1980]126ITR377(Bom); [1980]4TAXMAN436(Bom)

..... from the fact that there is nothing on record to show separately the income derived by the assessee from its so-called different activities, one of constructing buildings and the other of manufacturing frames and beams, we have already held that the assessee-company was not carrying on the said activity of manufacturing frames, etc. ..... being aggrieved by the said decision the revenue preferred an appeal to the tribunal and the tribunal took the view that the manufacture of window and door frames and concrete slabs and beams by the assessee-company was directly related to the actual business of the company., ..... the court found that there was no statutory definition given of the said expression anywhere in the act and, therefore, it had to fall back upon the general definition of an industrial undertaking. ..... however, as has been pointed out earlier, the tribunal has ignored the manifest implications of the said definition and by relying on the expression 'in the manufacture or processing of goods' contained in the said definition, has tried to fit the assessee-company in the said ..... according to the court, the concept of industrial undertaking need not necessarily be confined to manufacture and production of articles, and even in the absence of either of them, in the strict sense, there could be an industrial ..... in the result, we are of the view that the tribunal has clearly erred in law in holding that the assessee-company fell within the definition of 'industrial company' as given in s .....

Phool Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(91)DRJ727

..... to indicate on affidavit what steps have been taken since 1989 to take possession of the land, why no vigilance enquiry was conducted, why petitions filed by the petitioners under section 18 of the act were not referred to the court of competent jurisdiction and what steps were taken by the concerned officers from 19.6.1992 when the award was stated to have been announced till the year 2000 in relation to payment of compensation to the owners of the ..... these proceedings at the behest of the petitioners are, to say the least, an abuse of the process of law and none of these petitioners is entitled to any relief whatsoever under article 226 of the constitution of india.27. ..... there ought to be no legal impediment, thereforee, in the dda taking possession of the lands in respect of which these petitions have been filed in accordance with law with the dismissal of these writ petitions, (except cm (m) 356/2003) and the vacation of all status quo orders which is what we proceed to do. 29. ..... respondents will now proceed in accordance with law to ensure that all further steps under the act are taken forthwith.writ petition (c) 7207-16/2004the writ petition is dismissed. ..... respondents will now proceed in accordance with law to ensure that all further steps under the act are taken forthwith.writ petition (civil) no. ..... the respondents will now proceed in accordance with law to ensure that all further steps under the act are taken forthwith.writ petition (civil) no. .....

Bajri Lease Lol Holders Welfare Society Through Its President Vs. The ...

Court : Supreme Court of India

..... khatedari leases located within 5 kms from the river bank as well as leases where violation of the 6 | pag e lease conditions including misuse of e-ravannas are detected are terminated forthwith and the state government shall not issue fresh khatedari leases except for palaeo deposits in the district of binaker without the approval of this hon ble court. b. ..... in spite of the order passed by this court on 16.11.2017 that no river sand shall be permitted unless a scientific replenishment study is completed and ec is granted, 194 mining leases of khatedari lands have been granted in the state of rajasthan, with most of these lands being in close proximity of the river banks ..... by the said amendment, the time period of one year for fulfilment of the conditions of the lois, including execution and registration of mining lease, was extended to 13 months from the date of commencement of the 2017 rules, failing which the rights of the applicants ..... shall arrange for scrutiny of the dsr prepared as provided in moef&cc guidelines of 2016 and 2020 and the production figures approved in the 7 | pag e dsr are scrupulously followed by the authorities under the ep act 1986 while issuing the ec. f. ..... governments and union territories were also directed to frame necessary rules under section 15 of the mines and minerals (development and regulation) act, 1957 ( mmdr act ). ..... of the mmdr act empowers the state governments to make rules for preventing illegal mining, transportation and storage of minerals. .....

Oklahoma Vs. Texas

Court : US Supreme Court

..... of the meridian had not been left in doubt by the two governments, that the united states had erected a monument at the point where it intersected the parallel of 36 degrees 30 minutes, and texas had by its legislation often recognized the true meridian to be as located by the united states, that the two governments had, by official action, declared that the meridian was located on ..... of longitude one hundred west" designated in the treaty of 1819, "referred to the true one hundredth meridian astronomically located," and that "the true intersection of this meridian" with the south fork of red river had not been fixed by the united states and texas, acting together, nor "by the decree in said cause," the secretary of the interior was directed to cause "the intersection of the ..... mind first, that the red river forks about sixty miles east of the strip of land now in dispute, the south fork passing along its southern end, and the north fork crossing it about forty miles to the north, and, secondly, that, on melish's map of the united states, the 100th meridian was erroneously shown as crossing the red river more than one hundred miles east ..... the parties have stipulated that: "the united states, the territory of oklahoma, and the state of oklahoma, in succession, have continuously enforced their laws, civil and criminal, over the strip here in dispute ever since the decision in the greer ..... [ footnote 17 ] in 1879, congress passed an act creating the northern judicial district of the state .....

Sm. Balika Devi and anr. Vs. Kedar Nath Puri

Court : Allahabad

Reported in : AIR1956All377

..... chandra also filed an application under section 33, arbitration act alleging that the agreement dated 16-11-1950, executed by his mother was a document unenforceable at law and that he was not bound by it. ..... that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and all the parties do not, after differences have arisen concur in the appointment or appointments, or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy, or (c) where ..... the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators ..... side is not prepared to submit a given matter to arbitration when there is an agreement between them that it should be referred, then recourse must be had to the court under section 20 of the act and the recalcitrant party can then be compelled to submit the matter under sub-section (4). .....

First International Line S.A. Vs. Chokhani International Ltd., D.B. Ma ...

Court : Chennai

Reported in : 2003(3)ARBLR225(Madras); (2003)3MLJ48

..... as against the first respondent, it may proceed in the way legally available to it but in so far as the appellant is concerned it does not have any arbitration agreement with the first respondent and, therefore, on that count it could not be said that the order passed by the learned single judge appointing the third arbitrator was in any way liable to be recalled. 15. ..... vessel was entrusted on 31-8-1996, the repairs of which were completed by 17-10-1996 so also, the second vessel was entrusted on 27-9-1996 and the repairs were completed on 30-11-1996 though the repairs were agreed to be made within ten days of the delivery of the said vessels ..... to know about the arbitration proceedings in the second week of july 2001 when it received the letter dated 9-7-2001 from the learned counsel for the first respondent and that it had expressed its surprise in its communication dated 13-7-2001 of being informed at such a late stage about the arbitration proceedings. ..... once there is a finding that this was a domestic arbitration being a dispute between the first respondent and the second respondent only and that the appellant had studiously chosen keeping itself away from the dispute there would be no question of taking any exception to the jurisdiction of the arbitral tribunal or for that ..... the sister concerns with the common directors and both acted for each other in the matters herein ..... appellant so feel, it may take appropriate proceedings before the appropriate forum available to it in law. 16. .....

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

..... the unity and integrity of the nation cannot be overlooked and slighted, as the acts that promote or are likely to promote divisiveness, alienation and schematism do directly and indirectly impinge on the diversity and pluralism, and when they are with the objective and intent to cause public disorder or to demean dignity of the targeted groups, they have to be dealt with as per law. ..... its implications are deeper and it affects the even tempo of life and public order is jeopardized because the repercussions of the act embrace large sections of the community and incite them to make further breaches of the law and order and to subvert the public order. ..... we would interpret the words public tranquillity in clause (b) would mean ordre publique a french term that means absence of insurrection, riot, turbulence or crimes of violence and would also include all acts which will endanger the security of the state, but not acts which disturb only serenity, and are covered by the third and widest circle of law and order. ..... further, disloyalty to the government by law and comments even in strong terms on the measures or acts of the government so as to ameliorate the condition of the people or to secure cancellation or alteration of those actions or measures by lawful means, without exciting of those feelings of enmity and disloyalty which imply excitement to public disorder or use of force, is not an offence. .....

Firm NaraIn Das Balak Ram Vs. Bhagwan Das Kedar Nath and ors.

Court : Allahabad

Reported in : AIR1951All860

..... the high court to satisfy itself upon three matters (a) that the order of the subordinate court is within its jurisdiction, (b) that the case is one in which the court ought to exercise jurisdiction and (c) that in exercising jurisdiction the court has not acted illegally, that is, in breach of some provision of law, or with material irregularity, that is by committing some error of procedure in the course of the trial which is material in that it may have affected the ultimate decision. ..... 432 as instances 'in which a subordinate court by its own erroneous decision (erroneous that is in the view of the high court), in the one case on a point of limitation and in the other on a question of res judicata invested itself with a jurisdiction which in law it did not possess, and the high court held, wrongly their lordships think, that it had no power to interfere in revision to prevent such a result. ..... in so doing, on the assumption that his decision that the loan was a commercial loan was erroneous, he refused to exercise a jurisdiction vested in him by law, and it was open to the high court to act in revision under sub-section (b) of section 115. ..... the oral acceptance of the rules and bye-laws of the chamber could not, in the circumstances of the ease, amount to a written agreement within the meaning of section 2, arbitration act. .....

Subhag and ors. Vs. State

Court : Allahabad

Reported in : 1964CriLJ75

..... the cumulative effect of all the injuries could not be given any undue importance, where the accused persons appeared to have acted brutally and the murder was a pre-planned one, for example, if three persons inflict severe injuries with a deadly weapon like pharsa or spear and they are all aware of tha injuries caused by others, the net offence committed by them is the sum total of ..... learned advocate for the appellants has taken us through the evidence of the eye-witnesses including vindhyachal and ram achal and we are in disagreement with the learned sessions judge that the presence of these two witnesses at the ..... ail, noted the prosecution allegation that the ten injuries of jagdish were caused by accused, jagan, chatur and udit, and thereafter observed that it could not be said with certainty 'as to which accused gave which of the ..... be of opinion that the trial judge had proceeded on a wrong assumption of law but the present case is not ona where we would be fully justified to ..... if the courts of law take a contrary view, the result shall be that an individual would not by himself commit the murder but would always seek the assistance of others so that none may be awarded the higher sentence of death and in case of conviction all may escape with the lesser punishment of imprisonment for life.similarly, it cannot be laid down as an inflexible rule that whenever it is not known who had caused the ..... law with regard to the enhancement of sentence is now well settled and ..... brother-in-law ( .....

Bharat Electronics Ltd. Vs. Chief Labour Commissioner

Court : Delhi

Reported in : 1996IAD(Delhi)128; 1996(36)DRJ153; (1996)IILLJ193Del

..... the impugned order shows that argument of the petitioner in this regard have been rejected by the certifying officer and the appellate authority on the ground that management could not deviate from the order of the supreme court passed ..... of understanding signed on 2nd may,1989 as well as in the settlement of 20th july,1989 because in the minutes of the meeting of the joint wage negotiating committee held at bangalore on various dates and finally on 2nd may,1989 parties had agreed that with regard to the annual leave a separate agreement would be signed. ..... on account of the said settlement were debarred from raising such a demand seeking increase in the age of superannuation or retirement under the provisions of industrial employment (standing order) act,1946, because such a demand obviously had effect of imposing financial burden on the company and by the terms of the settlement no demand could be raised having financial implications. ..... that appears to be the reason that in clause 17.0 of the settlement dated 20th july,1989 and concluding para of the memorandum of understanding it was clarified that all other demands having financial implications stood resolved and that no industrial dispute could be raised on the basis of demands raised meaning thereby that the demands which were not specifically mentioned ..... quarrel with the proposition of law laid down by the allahabad high ..... in view of the settled principle of law, to my mind, it was not open to the certifying officer or for that .....