Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2005)97TTJ(Mum.)698
..... mou. the second party agreed to identify buyers for the property and to obtain, if necessary, clearance certificate under the provisions of the urban land ceiling act, 1976.the assessee conferred upon the second party irrevocable right to identify buyers to purchase the property and it was agreed that the second party shall not ..... and prejudicial to the interests of the revenue. he, therefore, passed the following order: "hence, the assessment order under section 143(3) of the act is hereby cancelled and the ao is being directed to examine the correct taxability of the capital gain after making necessary enquiry regarding the fair market value of ..... submitted that the ao has not conducted detailed inquiry nor passed a detailed order. therefore, the cit was right in assuming jurisdiction under section 263 of the act. on the other hand, learned counsel distinguished the facts of the case in the decisions referred to by the learned departmental representative in the case of amalgamations .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR117; 2009(111)BomLR2323
..... quashed raise a sensitive human issue. it is unquestionably true that the authorities who are charged with the duty of admitting students to educational institutions must act fairly and objectively. if admissions to these institutions are made on extraneous considerations and the authorities violate the norms set down by the rules and regulations, ..... graduate courses, had effect of furthering the standard of institution and as no such minimum marks or requirement existed in regulations under the indian medical council act, it could not be said that the state government has encroached upon the standard prescribed by the said regulations.29. this brings us to the ..... authority to victimize any particular candidate. he contends that those norms prescribed by dci are more transparent and fair and the state government ought to have acted in terms of those norms only. lastly, it is contended that the medical council of india has also issued similar norms while selecting students for post .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD327; 1999(2)ALT192
..... person in possession, though without title, can resist interference from another who has no better title than himself and get injunction. section 38 of the specific relief act, 1963 deals with the grant of perpetual injunction. under sub-section (3) of section 38 a perpetual injunction may be granted to the plaintiff when the defendant ..... bai by dw2 towards pasupakumkum is legal, valid and binding on dw2 though effected in contravention of the provisions under section 123 of the transfer of property act? 7. the plaintiffs filed the suit for bare injunction restraining the defendant and his men from interfering with their peaceful possession and enjoyment of the suit property ..... in this matter are as under:(i) whether the plaintiffs' suit for permanent injunction without seeking declaration of title is maintainable under law? (ii) whether the acts and deeds of damodara rao (dw2) made the plaintiffs to believe that rukmini bai is the ostensible owner of the suit property and thus made them to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1992P& H274
..... also contends that the petition deserves to be dismissed on the ground that the petitioner did not disclose the facts with regard to earlier litigation, by which act of his he has disentitled himself from getting any discretionary relief under the writ jurisdiction of this court as also that the factum of misuser having been ..... any difference for the reasons that at least in part of the premises misuser has been admitted. that alone would have been sufficient under the provisions of the act of 1952 to entail an order of resumption contend the learned counsel for the respondents. on the question of purpose of allotment, mentioned in the conveyance deed ..... . joginder kaur, who exerts a lot of influence in the corridors of power got proceedings initiated against the petitioner under the public premises (eviction of unauthorised occupation) act, 1971. this action has been separately challenged by the petitioner by way of civil writ petition no. 8416 of 1991, which after notice is stated to be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR65
..... this case. as i have already stated above that the plaintiffs are to establish that harbans singh had either died somewhere before the enforcement of the hindu succession act or after the death of gurbachan kaur. on both these scores they have failed.15. the second submission raised by the learned counsel for the appellants is ..... the first argument of mr. sarin is hereby rejected and repelled that it should be inferred that harbans singh either died before the enforcement of the hindu succession act or after the death of gurbachan kaur. it was necessary on the part of the plaintiffs to establish by leading direct or circumstantial evidence that harbans singh died ..... counsel for the contesting respondents submitted that it will be inferred in the present case that harbans singh had died after coming into force of the hindu succession act and seven years prior to the date of filing the application by the parties before the revenue authorities on 10.3.1983. meaning, thereby that harbans singh .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)118PLR742
..... giving notice of specified duration. their lordships declared the impugned regulation as ultra vires to article 14 of the constitution and section 23 of the contract act by holding that the conditions incorporated in the regulations were wholly arbitrary and unconscionable and opposed to public policy. in the second case the challenge to ..... singh and anr. v. district board, gurdaspur, 1969 rent control reporter 156, upheld the validity of the notification exempting the property from the provisions of the act this point, therefore, does not survive for consideration.'9. the court also rejected the challenge to the demand of enhanced rent and held:-' the other question ..... conditions incorporated therein for renewal of the lease have been challenged on the ground of arbitrariness, violation of article 14 of the constitution and the provisions of 1952 act. the petitioners have averred that the decision of the administration to charge rent @ rs. 15,824/- per month w.e.f. 13,1992 is unreasonable, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009ACJ1917; (2008)152PLR784
..... .since, there is no permission of the learned tribunal to contest the claim petition on merits and after dismissal of his application under section 170 of the act by this court, the appeal preferred by the insurance company is not maintainable in view of the authorities in shankarayya's case (supra) and nicolletta rohtagi's ..... chandigarh v. nicolletta rohtagi and ors. : [2002]supp2scr456 , has held that the insurance company cannot prefer appeal without obtaining the permission under section 170 of the act. admittedly, there is no permission granted by the learned tribunal to allow the insurance company to contest the claim petition on merits. seeking permission for the first time in ..... vehicle appeared before the tribunal but did not file any written statement. the insurance company did not obtain the order of tribunal under section 170 of the act and as such it was held that insurance company is debarred from filing an appeal on merits.12. again the apex court in the authority reported as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)153PLR308
..... , commercial, institutional and recreational purposes in sector 1, 2, 3, 5b, 5c and 6 panchkula extension (mansa devi complex) under the haryana urban development authority act, 1977 by the haryana urban development authority, in the area falling in the revenue estates of village saketri (hadbast no. 376) and bhainsa tibba (hadbast no. ..... large area with construction and then such areas are excluded from acquisition by not including the same in the declaration issued under section 6 of the act. this leads to flourishing of bududom, illegal activities and exploitation of the general public because their houses/ hutments come under the threats of being acquired ..... after issuance of notification under section 4 of the act. therefore, necessary directions is that regard are required to be issued.22. as a sequel to the above discussions, we pass the following directions:a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR107
..... part of many statutes wherever action is taken against a person and while explaining the same in dr. partap singh v. director of en forcement, foreign exchange regulation act : 1986crilj824 . hon'ble the supreme court opined as under:the expression 'reason to believe' is not synonymous with subjective satisfaction of the officer. the belief must ..... the registrar of a district in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situate, appointed under the registration act, 1908, shall, within three years from the date of registration of the instrument, not already referred to him under sub-section (1), call for and ..... the sub registrar signed. even certain non-applicable terms/descriptions mentioned in the impugned order have not been deleted. the requirement of section 47-a of the act have not been complied with as there are no reasons to believe available on record to show that there is under valuation in the sale consideration. to .....
Tag this Judgment!Court : Kerala
Reported in : (1999)157CTR(Ker)440
..... is entitled to depreciation applicable to the buildings. pursuant to the answer given by this court, the second respondent gave effect to it under section 260 of the income tax act by order dt. 19th may, 1997.3. it appears that subsequently, the full bench considered the question whether a theatre was a plant and by judgment dt. 11th march ..... another assessee. in this view of the matter, we hold that the order passed by the tribunal on 19th may, 1997, under section 260(1) of the income tax act, does not suffer from any mistake apparent on record warranting rectification.'4. shri p.g.k. wariyar appearing for the petitioner submitted that it is axiomatic that a subsequent ..... law. the question is whether on the basis of the full bench decision can the tribunal compel to change its judgment under section 260(1) of the income tax act, which is stated thus'the high court or the supreme court upon hearing any such case shall decide the. questions of law raised therein, and shall deliver its judgment .....
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