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Yuvaraja Srikantadatta Narasimharaja Wodeyar Vs. N.V. Mahadevappa (Dec ...

Court : Karnataka

Reported in : ILR2004KAR1492; 2004(2)KarLJ553

..... it has to be held that the lower appellate court has committed an error in not following the legal principles and further committed an error in holding that the act of a secretary binds the trustees and beneficiary. therefore, the judgment and decree of the lower appellate court are required to be set aside by holding that the ..... court to consider the point urged by the learned counsel for the appellant as the same will not arise for consideration of this court. by holding that the act of palegar and alasingachar receiving the sale consideration from the plaintiff does not bind either the 1st defendant or the 2nd defendant, this court has to see whether ..... of civil judge, mysore against the purchasers of the adjacent property as well as the 1st defendant-trust. therefore, it was contended due to his fraudulent and dishonest act, plaintiff is not entitled to claim the equitable relief. it is also contended that the plaintiff has not claimed for refund of the money and that the relief sought .....

income Tax Officer Vs. Dhan Sai Srivas and ors.

Court : Chhattisgarh

Reported in : (2009)226CTR598; [2009]315ITR318; [2009]183TAXMAN302(NULL)

..... and subsequent years.16. the core question for our consideration in these appeals is the interpretation of expression 'amount received' in section 10(10c) of the act prior to amendment, 2003.17. expression used in the statute is not always to be interpreted literally or grammatically. sometimes it has to be interpreted having regard ..... section 10, any amount received by an employee of a public sector company or any other company or an authority established under a central, state or provincial act or a local authority or a cooperative society, or a university, or indian institute of technology, or state or central government, or an institution having national/state ..... at or in connection with the termination of his employment or the modification of the terms and conditions relating thereto.11. section 10(10c) of the act was inserted in order to make voluntary retirement attractive so as to reduce human complements for securing economic viability of certain companies. it was intended to make .....

Prem Chand Vs. the Collector Land Acquisition, Colonization Department

Court : Punjab and Haryana

Reported in : (1999)123PLR208

..... marla to the claimants. the claimants were not satisfied with the amount of compensation awarded to them and they preferred references under section 18 of the land acquisition act. all the references giving rise to 6 regular first appeals disposed of by the learned additional district judge, kapurthala vide judgment dated 29.7.1989 and enhanced ..... of a new mandi township at phagwara. in furtherance thereto a notification under section 6 of the act was issued on 22.10.1979 and the government took possession of the land in question. upon hearing the claimants, the land acquisition collector vide his award dated ..... swatanter kumar, j. 1. the punjab government on 7.3.1989 issued a notification under section 4 of the land acquisition act (hereinafter referred to as the act) intending to acquire, 78 acres of land in village hazipur, tehsil phagwara, district kapurthala. the acquisition was made for public purpose, namely, setting up .....

Star India Pvt. Ltd. Vs. Asianet Satellite Communications

Court : Delhi

Reported in : 2006(90)DRJ193

..... the signing of the agreement. otherwise, exorbitant rates can be demanded which would be beyond the means or capacity of a party thereby frustrating the objectives of trai act. the tdsat has also looked into the aspect of which party would suffer irreparable loss. 13. keeping all the circumstances of the case in view i find ..... guarantee to repay excess amounts to asianet. the argument is no doubt attractive. however, if it is accepted it would render nugatory the whole purpose behind the trai act viz. the regulation of rates on which signals are received and disseminated. 12. the most expedient option before the regulator was to maintain status-quo as was ..... enunciating the absence of powers in a court to rework or rewrite a contract cannot be logically extrapolated into the present scenario. the preamble to the trai act itself clarifies that its purpose is to protect the interests of the service providers and consumers of the telecom sector. the statement of objects and reasons of the .....

Jayshree Tea and Industries Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Kolkata

Reported in : 2006(4)CHN45,(2006)205CTR(Cal)370,[2006]285ITR506(Cal)

..... starting from plantation to picking green tea leaves. the constitution makers provided that agricultural income would come within the domain of the state. hence, the income-tax act, 1961, being the central law was not competent to take the agricultural income within its fold as it was beyond the legislative competence of parliament. hence, if ..... of ten per cent.(2) notwithstanding that no income-tax is payable by a domestic company on its total income computed in accordance with the provisions of this act, the tax on distributed profits under sub-section (1) shall be payable by such company.(3) the principal officer of the domestic company and the company ..... dividend and thereby distribute profit amongst the shareholders. section 115-o is quoted below:115-o. (1) notwithstanding anything contained in any other provision of this act and subject to the provisions of this section, in addition to the income-tax chargeable in respect of the total income of a domestic company for any assessment .....

Balai Chandra Parui Vs. Smt. Durga Bala Dasi and ors.

Court : Kolkata

Reported in : AIR2004Cal276,(2006)1CALLT403(HC)

..... been accorded sufficient importance is that syamosundar and ram krishna sabat, the maternal uncle of gokul who acted as next friend when the suit was instituted, had in terms mentioned the names of three respectable persons as having remained present at the adoption ceremony ..... 61 at the time when the alleged adoption took place in 1956). under the circumstances, absence of satisfaction evidence to show that the adoption had been acted upon and the absence of subsequent conduct supporting the version of adoption are circumstances which create serious doubts. yet another very important circumstance which has not ..... .'24. ' for the sake of discussional convenience the learned counsel for the respondent referred to the provisions of section 123 of the transfer of property act. the learned counsel for the respondent submitted that mere existence of document does not dispense with necessity of proving that it is duly attested.25. the .....

Shimla Education Society and Trust Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : AIR2008HP4

..... grants in respect of courses and programmes, declaring institutions at various levels and types fit to receive grants, advising the commission constituted under the act for declaring technical educational institutions as deemed universities, setting up of national board of accreditation to periodically conduct evaluation on the basis of guidelines and ..... are concerned, there is a conflict between and overlapping of the functions of the council and the university. under section 10 of the central act, it is the council which is entrusted with the power, particularly to allocate and disclose grants, to evolve suitable performance appraisal systems incorporating norms ..... satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the state authorities act illegally.17. the hon'ble supreme court had also considered the same and similar issues as raised in this petition in thirumuruga kirupananda variyar thavathiru .....

Ravi Kant Vs. Bhupender Kumar

Court : Himachal Pradesh

Reported in : AIR2008HP31

..... was abandoned by him; (b) at the time when amended written statement was filed and no objection was taken therein, would clearly show that he has acted with deliberation and contemplation in abandoning the right and cannot now be heard to complain about the violation of statutory provisions which inures for his benefit even though ..... air1998sc492 this court while considering the provision of section 21(1)(a) first proviso of the u. p. urban buildings (regulation of letting, rent and eviction) act, 1972 negatived a contention advanced on behalf of the appellant therein that the said provision was for public benefit and could not be waived. it held that it is ..... raghbir singh gill v. s. gurucharan singh tohra : [1980]3scr1302 this court negatived an argument that the requirement of section 94 of the representation of the people act, 1951 cannot be waived. this argument was based on the principle that public policy cannot be waived. rejecting the said argument, this court held that the privilege .....

B.S. Yeddyurappa Vs. the Lokayukta of Karnataka and Others

Court : Karnataka

..... others ((1985) 3 scc 545) on the point that procedure established by law must be reasonable, just and fair. authority exercising statutory power must act reasonably, otherwise the procedure prescribed by the statute itself would be deemed to be un-reasonable and violative of article 21 of the constitution on the ..... the persons concerned;(xxvii) that the lokayukta, while dealing with chapter-22, recommended prosecution of the petitioner under the provisions of prevention of corruption act, 1988 and having regard to the position of the petitioner as chief minister, the recommendation must be construed to be a recommendation of removal;(xxviii ..... office or otherwise state, its instrumentalities or state owned companies/corporation or other bodies and authorities, either in collusion with private parties or otherwise for various acts of omission and commission leading to various illegalities, irregularities, events and executive decisions set out in clauses (i) to (viii) and also pertaining to .....

M/S. Rajhans Infratech Pvt. Ltd. and Another Vs. State of U.P. and Oth ...

Court : Allahabad

..... laid down in state of gujrat vs. jagan bhai air 1966 sc 1631. it may also be noted that there is no express or implied bar under the act which prohibits the authority from correcting or rectifying the certificate issued or order passed. in m/s. jaipur mineral developments syndicate, jaipur vs. the commissioner of income tax ..... is that in the absence of any specific provision permitting such an amendment/correction, any change in the certificate would amount to review which is not permissible under the act. moreover, if such corrections are permitted to be made it will create chaos in the working of the treasury. he has further submitted that in case petitioners ..... certificate of payment may be obtained in the form of an endorsement by the officer in charge of the treasury as provided under section 10-a of the indian stamp act. the petitioners accordingly, for the purpose of payment of requisite stamp duty, as indicated above, applied to the respective banks i.e. allahabad bank, nehru place, .....