Judgment Search Results Home > Cases Phrase: raipur and khattra laws act 1879 Page 21 of about 14,539 results (0.206 seconds)

Ram Pratap and 3 ors. Vs. State of Rajasthan and 50 ors.

Court : Rajasthan

Reported in : 1(1989)WLN(Rev)114

..... which has crept into the judgment of the courts-below is that in the present case, the land in khatedari of minor sons of ram pratap which they succeeded after partition and which was ancestral property in their hand, has been clubbed with the land of ram pratap while determining the ceiling limit merely on the ground that at the relevant time, ..... in our opinion, such basis for drawing a conclusion by the revenue authorities is fallacious and the finding is based on an entirely wrong view of law in disregard of the law enunciated in a catena of decisions because, only that child, whether minor or major, can ..... now, let us look at section 5 of the rajasthan irrigation & drainage act, 1954 which envisages that a notification has to be issued by the state government for declaration that the water of any river or stream flowing in a natural channel, or of any lake or ..... ceiling on land) (government) rules, 1963 (for short, 'the rules of 1963,) framed by the state government in exercise of its powers under section 257 of the rajasthan tenancy act, 1955 (for short, 'the act) which requires to be construed in the present case. ..... the basis of assessment circles and crops formed and deemed to have been formed under section 149 of the land revenue act. ..... ' appearing in section 30-b of the rajasthan tenancy act. ..... question whether whole of the land of the petitioners have been wrongly treated as 'command land' in contravention of the provisions of rule 19 of the ceiling rules & section 30c of the act. .....

State by the Food Inspector, Villupuram Municipality Rep. by Public Pr ...

Court : Chennai

Reported in : 1999(2)ALD(Cri)523; 1999(2)CTC394

..... ' (italics supplied).this will show that in that case the same sanitary inspectors were already assigned particular areas to operate and they were appointed as the food inspectors under the act only in respect of the area in which they already were authorised to work as the sanitary inspectors. ..... the issue referred to us for decision is as to whether the sanitary inspector (who is appointed as a food inspector under section 9 of the prevention of food adulteration act, 1954) working in a particular division ofthe municipality could validly collect the samples out of food articles and take action under the act from another division for which he is not working as a sanitary inspector.2. ..... the learned public prosecutor argues that the provisions of the act clearly show that a food inspector is appointed not for a particular ward but for whole municipal area and that it is only for the administrative convenience that the sanitary inspectors, who are appointed as food inspectors, are allotted different areas. ..... ' (italics supplied).however, this rule cannot be interpreted to create any administrative restraints in respect of the powers and duties under the act which have already been considered, as the reference in this rule is only to such other duties, thereby implying that the principal powers of the food inspector and also the duties do not have any intraterritorial constraints in the local area for which he is appointed under section 9 of the act except as provided under rule 9 (a). .....

Chekkur Puthaluth Poothati Edathil Kunhi Sankaran Nambiar Vs. Ponniath ...

Court : Chennai

Reported in : (1920)ILR43Mad405

..... document was not executed by the mortgagor with reference to the second item; it was not attested by the witnesses with respect to that item; therefore, although the document might be valid so far as the execution and attestation of the first item of property is concerned, the whole document is inoperative as the document could not have been validly registered in the sub-district where it was registered, if the second item had not been ..... both the cases, property over which the mortgagor had no power of disposition was included with a view to facilitate registration in a particular sub-district, and it was held that there was no fraud upon the registration law, and that; harendra lal roy chowdhuri v. ..... on the authority of the above cases, we are of opinion that by the fact of himself inserting the interpolation and presenting the altered document for registration, the defendant must be deemed to have executed the document not only with reference to the first item, but also with reference to the second ..... the attesting witnesses were present when the mortgagor put his signature to the document, and they were also present when the mortgagor made the interpolation; they must therefore be deemed to have agreed to regard their attestation as applicable not only to the first item of the property comprised in the ..... it was clear from his statement and his acts that he intended to acknowledge the deed as his ..... deed being present and seen by the defendant, he deliberately adopts the act of his son. .....

Gudur Ramakrishna Reddi Vs. Minor Muniratnammal and anr.

Court : Chennai

Reported in : AIR1954Mad890

..... abdul kadir', 2 mad 165 (f), the question arose whether, when agricultural land was mortgaged with possession, and the mortgagor took a lease of the land back from the mortgagee, and paid rent under the lease, the mortgagee would be entitled to the benefit of the provision extending the period of limitation by reason of ..... variar, learned counsel for the appellant, invited our attention to certain decisions of the punjab chief court and the lahore high court, in which the learned judges construed the term "land" occurring in article 125, limitation act, as including a "house", or at any rate, the site on which a house was situated ..... therefore, that the word "rent" in section 20(2) must be construed as 'ejusdem generis' with "produce" and from such a reading it would follow that "land" in that sub-section could only refer to cultivable land and would not include either a house or even the site on which a house might have been built. ..... it was held by this court that as the law stood, the receipt of rent would not fall within this provision.the learned judges observed:"it is pleaded the suit is barred by limitation, to which the plaintiff replies that the receipt of rent was in fact a payment of interest, and that from the date of the payment of rent a new period of limitation is given for the ..... under the present law, this may be so, if it be held that payment of rent by the mortgagor is such a receipt of produce in virtue of usufructuary mortgage as is to be deemed equivalent to .....

industrial Fuel Marketing Co. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1983Cal253

..... the state of bihar is entitled to the river bed or to the land whereon such deposits are lying by virtue of the provisions of the bihar land reforms act still then in view of the coming into force of the coal mines (nationalisation) act, 1973 as amended in 1976 read with mines and minerals (regulation and development) act, 1957 the state of bihar is not legally competent to settle the right to win coal particles coming out of the washeries with the ..... it has been further submitted that the coal particles elected from washeries and being mixed up with sand and mud loses its identity as a mineral and as such the right to collect the sludge or slurry comprising of the coal particles from lands and places belonging to the state) of bihar other than from mines is not winning within the meaning of mines and minerals (regulation and development) act, 1957, it has been submitted in this connection that the work mines ..... . by the said amendment sub-section (3) was added to section 3 which provides that after the enforcement of the said provisions on 29th april, 1976 all coal mining leases and sub-leases granted before the commencement of the act in favour of any company or corporation other than a government company or corporation shall insofar as the same relate to winning or mining of coal stand terminated ..... 3 have acted and are acting arbitrarily and without authority of law in causing obstruction and/or interference with the rights of the petitioners under the said indenture. .....

Sankar Narayan Gooptu Vs. Wealth-tax Officer and ors.

Court : Kolkata

Reported in : [1994]205ITR628(Cal)

..... --(1) for the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this act, the wealth-tax officer may refer the valuation of any asset to a valuation officer- (a) in a case where the value of the asset as returned is in accordance with the estimate made by a registered ..... ten per cent, rate for this valuation on the ground of the circulated draft amendment rules which he wrongly thought to have actually effected the amendment, and he could thus on this bona fide belief of the market value being higher than the registered valuer's report refer the matter to the valuation officer. 19. mr. ..... the reasons why the wealth-tax officer could have referred the matter properly to the valuation officer and as such, there is a reason for departure from the previous years ; if the wealth-tax officer did not think of these relevant matters in earlier years, that does not mean that he is debarred in law from taking these relevant matters into consideration in any subsequent future time. 20. ..... value given in the registered valuer's report then he would be failing in his duty in not assessing the wealth-tax on that enhanced basis as section 7(1) of the wealth-tax act clearly states that the wealth-tax officer is to value and assess on the basis of the open market valuation. ..... valuation officer had been made under section 16a(1)(a) of the wealth-tax act, 1957, as it stood at the relevant time. .....

Governor-general in Council Vs. Associated Live-stock Farm (India) Ltd ...

Court : Kolkata

Reported in : AIR1948Cal230

..... to succeed in an application for stay under section 34, arbitration act, 1940, the applicant must show that disputes arose before suit and that he must fail otherwise is, in principle, quite untenable and unsound and may, in practice, encourage a plaintiff to rush to court without giving an opportunity to the defendant to raise the disputes before suit and deprive the defendant of the valuable right of arbitration and thereby cause great hardship and inconvenience to the defendant which cannot be compensated by awarding costs ..... court judge's findings were as follows:i came to the following conclusions of fact and law in this case: that the difference between the parties had not arisen before the plaint was entered and that the court had jurisdiction; that the plaintiff company failed to prove to my satisfaction that the scale of demurrage charges put in by the plaintiff company was valid and binding as against the defendant; that the sum adjudged to the plaintiff company ..... that is a matter which has been repeatedly decided, and i should think that no lawyer would hesitate to say that that is the true condition of the law.reliance is also placed on the following passage in the speech of lord ludlow at p. ..... under those circumstances the law is this, that the matter must go to the arbitrator, and the ordinary courts have no jurisdiction to determine anything which comes within the purview of the section. .....

Sankar Narayan Gooptu Vs. Wealth-tax Officer and Others.

Court : Kolkata

Reported in : (1993)117CTR(Cal)342,[1993]205ITR628(Cal)

..... market then also his reference to the valuation officer cannot be challenged on the ground of any illegal exercise of jurisdiction.regarding the amendment of rule 1bb of the wealth-tax rules, and the said amendment not having actually taken place, i must point out that it is nobodys case that rule 1bb alone would be applicable in all its force in the matter of ..... -tax officer could have referred the matter properly to the valuation officer and as such, there is a reason for departure from the previous years; if the wealth-tax officer did not think of these relevant matters in earlier years, that does not mean that he is debarred in law from taking these relevant matters into consideration in any subsequent future time. ..... - (1) for the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this act, the wealth-tax officer may refer the valuation of any asset to a valuation officer -(a) in a case where the value of the asset as returned is in accordance with the estimate made by ..... in the registered valuers report then he would be failing in this duty in not assessing the wealth-tax on that enhanced basis as section 7(1) of the wealth-tax act clearly states that the wealth-tax officer is to value and assess on the basis of the open market valuation. ..... officer to the valuation officer had been made under section 16a(1)(a) of the wealth-tax act, 1957, as it stood at the relevant time. .....

Sou.Sundaramoorthi Vs. the Commissioner of Police and ors.

Court : Chennai

..... from the above, the supreme court also dealt with section 10 of the unlawful activities (prevention) act and held that mere support to a banned organization will not by itself can become an offence.15.in the light of the above factual matrix and the legal precedents set out above, the impugned order is liable to be set aside on both grounds ..... is to be participated by a person who is the supporter of the banned organization, there is likelihood of law and order problem being created.hence permission sought for conducting meeting on 13.12.2010 was declined. ..... "if, on the other hand, we were to hold that even without any tendency to disorder or intention to create disturbance of law and order, by the use of words written or spoken which merely create disaffection or feelings of enmity against the government, the offence of sedition is complete, then such an interpretation of the sections would make them unconstitutional in view ..... is part of our system i think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country. ..... air 1962 sc 955 where the supreme court was dealing with the challenge made to the constitutional validity of section 124a ipc (the law against sedition).29.in kedar nath singh's case this court observed(vide para 26):.......... .....

Sanjeev Agrawal Vs. Income Tax Settlement Commissioner

Court : Allahabad

..... commission invited a report from the commissioner of income tax under section 245d(3) of the act and, based on the perusal of the record and report and after hearing the parties, the settlement commission computed the income of the petitioner at rs. ..... end, the learned counsel for the petitioner submitted that the interest under section 234b of the act is chargeable till the date of entertaining the application under section 245d (1) of the act and that the interest cannot be charged under section 234b of the act upto the date of the order passed by the settlement commission. ..... of the decision of the supreme court in brij lal (supra) interest is chargeable till the date of entertaining the application for settlement under section 245d(1) of the act and not till the date of the order passed by the settlement commission. ..... under section 133a of the act, there is no provision to administer oath and to take a sworn statement whereas under section 132(4) of the act there is no provision to examine a person ..... tax department carried out a survey under section 133a of the income tax act (hereinafter referred to as the act) on 07.11.2006 at the business premises and godown of the petitioner. ..... this contention did not find favour with the settlement commission, inasmuch as the commissioner of income tax in his report contended that the statement given by the petitioner under section 133a of the act was a statement on oath which has evidentiary value and cannot be resiled by the petitioner. .....