Judgment Search Results Home > Cases Phrase: sarais act 1867 Page 14 of about 369,287 results (0.202 seconds)

Rekha Vs. the State Nct of Delhi

Court : Delhi

Reported in : 158(2009)DLT60

..... it was held that information when not sent to the superior officer and the notice under section 50 of the act purportedly given to the accused was not on the record there was violation of mandatory provisions and the conviction and ..... the trial court adopted a right approach while rejecting the submissions of the appellants that section 50 of the act was not complied with in an appropriate manner, considering the facts and circumstances of this case and the manner in which the smack was recovered and ..... accused is entitled to benefit of acquittal if there is failure to comply with the provisions.section 50 of the act which refers to conditions under which search of person shall be conducted, provides in its sub-section (1) that when officer duly authorized under section 42 is about to search a person under the provisions of sections 41 , 42 or 43 , he shall, ..... wherein the luggage of the accused is a subject matter of search, provisions of section 50 of the act would not apply and in such like circumstances it is not legally required by an officer to make an offer to the accused for search in presence of a gazetted ..... both the appellants were convicted for offence under section 21 of the act and were sentenced to undergo rigorous imprisonment for 10 years and ..... while coming to a conclusion that there was compliance of section 50 of the act, the trial court did consider the fact that a suitcase was recovered from the right hand of rekha and a black colour back was recovered from the .....

Genom Biotech Private Limited, Vs. Director of Income Tax-1 (investiga ...

Court : Mumbai

Reported in : 2009(111)BomLR2029; (2009)224CTR(Bom)270; [2009]180TAXMAN395(Bom)

..... ] where he has reason to suspect that such books of account, other documents, money, bullion, jewellery or other valuable article or thing are kept; thus, search and seizure action can be initiated under section 132 of the act only if the designated authority forms a reasonable belief on the basis of the information already in possession that (one) a person to whom summons was issued to produce books of account or other documents has failed to produce the said ..... not [which has not been, or would not be, disclosed] for the purposes of the indian income-tax act, 1922 (11 of 1992), or this act (hereinafter in this section referred to as the undisclosed income of property).then,--(a) the director general or director...or(b) ...as the case may be, may authorise any assistant director or deputy director, assistant commissioner or deputy commissioner to(i) enter ..... has been or might be issued will not, or would not, produce or cause to be produced, any books of account or other documents which will be useful for, or relevant to, any proceeding under the indian income-tax act, 1922 (11 of 1922), or under this act, or(c) any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income of property [which has .....

M. Sridhar Reddy and Others Vs. Hyderabad Metropolitan Water Supply an ...

Court : Andhra Pradesh

Reported in : 2000(4)ALD481; 2000(4)ALT262

..... executive engineers working in the andhra pradesh public health and municipal engineering services as arbitrary, illegal, unjust, contrary to law and teeth of section 113 of the hyderabad metropolitan water supply and sewerage act, 1989 and contrary to regulations 8, 19 and 22 of the hyderabad water works and sewerage board and issue consequential directions to consider the petitioners for promotion to the post of deputy general ..... for the writ petitioners submitted that assuming for the sake of argument that the first respondent board is one of such bodies as contemplated under sections 15(2) and (3) of the act, in view of the express provision under article 371-d, it is only the president of india who is competent to make such declarations insofar as the state ofandhra pradesh is ..... operation and management of all sewerage and sewage treatment works; in the hyderabad metropolitan area'.for the purpose of discharging certain duties the act provides for an elaborate machinery vesting the board with various powers and obligations which included the power to levy rates, fees, tariffs, rentals, deposits, contributions and other ..... the writ petitioners on the other hand submitted that the respondent-board is not a local or other authority within the meaning of section 15 of the administrative tribunal act, and therefore, any amount of declaration by the state that of local or other authorities, brought within the jurisdictional purview of the administrative tribunal, would not create .....

Commissioner of Income-tax Vs. Vimla Khatri

Court : Madhya Pradesh

Reported in : (2007)208CTR(MP)296; [2007]288ITR168(MP)

..... also, inter alia, held that since the total income of the respondent remained below the taxable income after deduction claimed under section 80l of the act, she was not required to file return under section 139(1) of the act for the assessment years 1987-88 and 1989-90 to 1996-97 and her income was not to be treated as undisclosed income of the block period ..... arya, learned senior counsel for the appellant submitted that by notification dated april 28, 1995, the chief commissioner of income-tax, in exercise of his powers under section 120 of the act, had directed that the assistant commissioner of income-tax (investigation), circle 1, bhopal, would be the assessing officer in respect of all cases/persons of the district bhopal falling under ..... those assessment years in which the return was not filed before the search was conducted, is below the taxable limit after claiming deduction under section 80l of the act, the income of that year shall not be considered as part of the undisclosed income and whether such decision of the learned tribunal is not contrary to the scheme of the income- ..... income for the block period will be the aggregate of the total income of the previous years falling within the block period computed in accordance with the provisions of the act including the provisions of section 80l of the act as reduced by the aggregate of the total income, or, as the case may be, as increased by the aggregate of the losses, of such previous years determined in the manner .....

Biswabhusan Naik Vs. the State

Court : Orissa

Reported in : AIR1952Ori289; 18(1952)CLT227

..... the bribe, cannot be treated as corroborative evidence.the argument has been advanced that the use of previous statements of a witness for corroboration under section 157 of the evidence act, applies only to an ordinary witness, whose credibility is sought to be strengthened thereby, but not to the special class of witnesses who are termed 'accomplices' and whose evidence requires ..... well as the persons against whom it was to be preferred and the period and place of the commission of the offences.but none of the various acts which constituted the offence of conspiracy under section 121a or the acts which made up the offences under sections 122, 123 and 124 were at all referred to in the sanction, nor is there any indication that there ..... factory inspector by habitually accepting or obtaining illegal gratification (not being legal remuneration) as motive or reward for forbearing to do an official act, that is, not to take steps against persons for their non-compliance with the provisions of the factory act and the rules framed thereunder and by being in possession of pecuniary resources and property disproportionate to your known sources of income and ..... furnish any real analogy for guidance in respect of an offence of habitual bribe-taking under clause (a), sub-section (3) of section 5 of the act; because, obviously it is not meant that only instances of previous conviction of bribe-taking should be given in evidence, nor is there any particular sanctity attaching to the number three. .....

Sathi Lakshmanan K.C. and anr. Vs. P.C. Mohandas and ors.

Court : Kerala

Reported in : 2008(3)KLJ190; 2008(4)KLT401

..... appellant to purchase the shares of the other sharers for the value addressed by the court.learned single judge had not analysed the effect of section 2 and 3 of the act or the power of the court not to proceed as provided under section 3 if it is a case where there was a request as provided under section 2 and also an application to buy the ..... above the valuation made by the court.5) if no shareholder is willing to buy such share or shares at the price, the application filed under section 3 of the act is to be dismissed.6) if there is no request as provided under section 2 of the act for sale of the property by a shareholder or shareholders interested individually or collectively to the extent of one moiety or upwards, section 3 cannot have any application.7) if section 2 ..... and 3 of the act has no application, partition is to be effected dehors of the provisions of the partition act.8) in such a case, if all the shareholders agree or the court finds that suit property is incapable of division in specie, it is for the court to ..... to meet a particular contingency and did not in any way affect power of the court to make in equitable distribution of the properties and before the act court could refuse to order sale of the property, even if conditions laid down in section 3 were fully satisfied and instead of selling property when .....

Commissioner of Income Tax Delhi-Xi and Another Vs. Indian National Co ...

Court : Delhi

..... as secretary or by any other designation) of every political party shall, if the total income in respect of which the political party is assessable (the total income for this purpose being computed under this act without giving effect to the provisions of section 13a exceeds the maximum amount which is not chargeable to income-tax, furnish a return of such income of the previous year in the prescribed form and verified ..... treasurer of such political party or any other person authorised by that political party in this behalf fails to submit a report under sub-section (3) of section 29c of the representation of the people act, 1951 (43 of 1951) for a financial year, no exemption under this section shall be available for that political party for such financial year. ..... also pointed out that the addition of the words "profits and gains" in the phrase "income, profits and gains" used in the income-tax act does not restrict the meaning of the word "income" by implication, and that the whole expression is "income" writ large. 7. ..... the facts there were that the income tax officer ( ito ) served a notice under section 148 of the act on the gpcs for ays 1960-61, 1961-62 and 1962-63 on the basis that it was a taxable entity ..... the part of the income tax authorities in not insisting on strict compliance with the mandatory requirement of section 139(4b) read with section 13a of the act, thereby defeating the very purpose of the said provisions as was foreseen by the supreme court in common cause v. .....

Kailash Chand Vs. the State and Others

Court : Delhi

Reported in : 1986CriLJ1703; ILR1985Delhi807; 1986RLR81

..... person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this act is released without trial or discharged or acquitted by any court, all measurements and all photographs (both negatives and copies) so taken shall, unless the court or (in a case where such person is released without trial ..... singh, respondent in his affidavit further says that history sheet of the petitioner was opened on 17-6-76 by the then sho police station sarai rohilla, delhi, because of the involvement of the petitioner in the first three cases and the opening of history sheet was approved by the sub divisional police officer on 21-6-76 and his name was kept in bundle ..... of the matter we hold that the history sheet opened against the petitioner at police station sarai rohilla delhi is illegal, unconstitutional and against rules and we accordingly quash the same. ..... 10 of police station sarai rohilla and directing the respondents to destroy his history sheet, finger prints, foot prints and his photographs illegally taken and kept on the records of police station sarai rohilla, delhi and also for a direction to the respondents not to call the petitioner to police station sarai rohilla, delhi, without lawful ..... police station sarai rohilla in which he has stated that the petitioner is a man of desperate character and was involved in various cases, .....

Pushpa Talwar Vs. A.N. Kapoor

Court : Delhi

Reported in : 21(1982)DLT235; 1982RLR223

..... further under section 2 of the sarais act, 1867 'sarai' means any building used for the shelter and accommodation of travellers ..... there is nothing on the record to show that the premises alleged to have been used by the respondent for boarding and lodging were ever got registered either under the sarais act, 1867 or a license was obtained by her under section 417 of the delhi municipal corporation act. ..... (1) the appellant-landlady, in this second appeal under section 39 of the delhi rent control act, 1958 (hereinafter referred to as 'the act') challenges the judgment and order of the rent control tribunal, dated 18th november, 1978 confirming the order, dated 29th september, 1976 of the additional controller, dismissing her application for eviction of the respondent ..... under section 417 read with item 15 of the eleventh schedule of the delhi municipal corporation act, 1957 it is clear that the premises cannot be used without a license for keeping of a lodging house ..... section 5 of the said act further prohibits the keepers of any 'sarai' not to receive any lodger or allow any person in such sarai until the name and residence of the keepers has been registered as provided by the said act. ..... section 4 of the said act requires the district magistrate to keep a register showing the names and residences of the keepers of all 'sarais' within his jurisdiction. ..... on 12th july, 1973 the appellant filed the eviction petition under section 14(1)(e) of the act, out of which this second appeal has arisen. .....

Bradley Vs. the People

Court : US Supreme Court

..... the supervisors and the supreme court, was want of authority in the board, within the forty-first section of the national bank act of june, 1864, and particularly within the second proviso of that section, which declares that the tax imposed on the shares of any banking associations under that act "shall not exceed the rate imposed upon the shares in any of the banks organized under the authority of the states. ..... and where a state imposes on the state banks a tax on their capital (the shares in the hands of the shareholders being exempt from tax), it cannot lay a tax on the shares of banks, organized under the act of june 3, 1864, to provide a, national currency. ..... " the act of the state, dated february 14, 1857, and under which the tax was assessed, provides for taxing the capital stock of the banks, together with the surplus profits or reserved funds. .....