Court : Kolkata
Decided on : Feb-12-1993
Reported in : AIR1993Cal203,(1993)1CALLT226(HC),1993(2)CHN179,97CWN578,II(1993)DMC74
..... same does not impliedly or expressly exclude the jurisdiction of the civil court under s. 9 of the civil p.c. to grant a declaratory decree under the specific relief act.24. in the result, the application is allowed. the impugned appellate order dt. 7th oct., 1985 passed by the learned district judge, hooghly in misc. appeal no. ..... know subsequent to the marriage that defendant opposite partyallegedly is a christian and whether there can be a marriage between a hindu and a christian under the hindu marriage act under the facts and circumstances of the case, i am of the view that the question whether a marriage solemnized between a hindu and alleged christian as per ..... parents at the time of marriage and during the period of courtship and therefore there could not have any marriage between the parties under the hindu marriage act as the said act is. applicable only to hindus and accordingly the plaintiff is entitled to ask for such a declaration as prayed for in the plaint and maintain the suit .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Decided on : May-12-1993
Reported in : (1993)46ITD251(Chd.)
..... and come to the finding that in a case like this, arrears of professional fees received after the discontinuance of the profession were not taxable under the income-tax act, 9. finally, shri, garg submitted that if a taxing provision is ambiguous and is reasonably capable of more than one interpretation, that interpretation which is beneficial to ..... the assessee received after the discontinuance of the profession were not taxable in his hands in the years under consideration under sections 28, 56 or 176(4) of the act.10. shri sawhney submitted that section 176(4) was a complex answer to the issues at hand. according to him, the said section deemed all the fictions ..... in the section, it would not have gone unnoticed and so by implication, the andhra pradesh high court had upheld the validity of section 176(4) of the act. in short, the submission of shri sawhney was that section 176(4), which was a charging section, enabled the authorities to assess the arrears of professional fees received .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-11-1993
Reported in : AIR1994P& H56
..... setting up of an urban estate at panchkula consisting of residential and commercial areas and idnetified as sector-9. the notifications under ss. 4 and 6 of the land acquisition act, were issued on may 26, 1981 and january 10, 1983, respectively while the award consequent thereto was rendered in 1984-85. the petitioner moved an application before the respondents on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-1993
Reported in : [1994]79CompCas577(SC); (1994)1CompLJ338(SC); JT1993(6)SC645; 1994(I)OLR(SC)210; 1993(4)SCALE620; (1994)1SCC397; [1993]Supp3SCR884; 1994(1)LC115(SC)
..... loaning of gas cylinders and pressure regulator. where, therefore, the cylinder and regulator are possessed(sic) without(sic) a subscription voucher it would tantamount to illegal act (sic) accomplated(sic) in section 3(2) of liquefied petroleum gas (regulation of supply and distribution) order, 1988. in so far as dr. kamalasanan ..... appellant's plea that there was no privity of contract between the ist respondent and the appellant as per clause 2(g) of the consumer protection act, 1986 and further the complainant was having unauthorised or illegal gas connection and that could not be regularised, was not accepted. accordingly the appeal was ..... special leave arise under the following circumstances:3. the first respondent is a voluntary consumer organisation in kerala, registered under the scientific, literary and charitable societies registration act. dr. p. kamalasanan, ram nivas (gayatri), sesthamcotta is a member and secretary of the 1st respondent, he had taken l.p.g. connection through .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-01-1993
Reported in : AIR1994SC1074; JT1993(6)SC1; (1994)ILLJ162SC; 1993(3)SCALE952; (1993)4SCC727; [1993]Supp2SCR576; 1993(3)SLJ193(SC)
..... legal system. in a democratic society, the process of administration, legislation and adjudication are more clearly distinct than in a totalitarian society. the courts can act when indeed called upon to adjust the rights and law in accordance with the changing tenets of public policy and needs of the society. equally discretion ..... which holds him guilty, viz., the disciplinary authority. according to the court, it is the real authority because the inquiry officer does no more than act as a delegate and furnishes the relevant material including his own assessment regarding the guilt, to assist the disciplinary authority who alone records the effective finding. ..... well. probably the specific addition was on account of the interpretation placed by the courts. article 311(2), however, underwent change with the constitution (15th amendment act of 1963 which came into force from 6th october, 1963. it explained and expanded the scope of 'reasonable opportunity'. for the original expression 'until he .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-1993
Reported in : 1993(2)KarLJ475; (1994)ILLJ49Kant
..... v. s.i. flour mills (p) ltd. 1986 ii llj 304. it may be pointed out that, that case related to employees' state insurance act, 1948 ('esi act' for short). the question that arose for consideration was whether the construction work of additional buildings for expansion of factories taking place outside the premises of the ..... ....by retrospectively applying the scheme could he be asked to pay the employees contribution for the period antecedent to the impugned notification? we think not. the act and the scheme neither permit any such payment nor deduction. he cannot be saddled with the liability to pay the employees' contribution for the retrospective period, ..... stability from which it can reasonably be concluded that the establishment can in the normal way bear the burden of contribution towards the provident fund under the act would not be covered by this definition. the word 'employment' must, therefore, be construed as employment in the regular course of business of the establishment .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-23-1993
Reported in : (1994)IILLJ264MP; 1993(0)MPLJ419
..... rules, 1965. those not declared quasi-permanent under the said rules shall be continued as temporary government employees unless they claim discharge as per schedule to the act. those who are temporary shall be liable to discharge on one month's notice and those who are quasi-permanent shall be liable to discharge on three months ..... their enrolment. interestingly and indeed, admittedly, it is not, and cannot be, disputed that both petitioners were duly 'enrolled' as contemplated under the provisions of the act and the rules aforesaid. in the return, at para 3, in sushil kumar's case, it is stated that on verification being made of the forms, the district ..... 1988. it is also not disputed that services of both petitioners under orders of appointment are to be governed by the provisions of central reserve police force act, 1949, for short, the 'act' and the rules framed thereunder in 1955, for short, '1955 rules' or the 'rules'. both petitioners are aggrieved as their services have been .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-1993
Reported in : (1993)IILLJ560All; (1993)2UPLBEC1005
..... the mills under the provisions of the standing orders, 1988 issued by the state government in exercise of its power under section 3(b) of the u.p. industrial disputes act, 1947. his grievance is that when the mills started operating with effect from november 8, 1991 i.e., to say in the crushing season 1991-92, he was given no .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-11-1993
Reported in : AIR1993Bom366; 1994(1)BomCR176
..... , in our judgment, is wholly illegal and indicates the highhanded in which the authorities, who are not controlled by statutory provisions are likely to act. the additional collector could not have given such direction in absence of any power flowering from statutory provisions. the provisions of land revenue code do ..... the cooperative movement in the state of maharashtra in accordance with the relevant directive principles of state policy enunciated in the constitution of india. the act is a self-contained code for regulating the activities of co-operative societies and exhaustively provides for registration of the society, enrolment of members, rights ..... the resolution makes it clear that possession of government land should be granted to housing societies only after suchsocieties are registered under the provisions of the act.3. annexure 'a' to the resolution sets out qualification for approval of members in cooperative housing societies seeking government lands on payment of concessional .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-12-1993
Reported in : AIR1994All161
..... the aforesaid two questions, it would be relevant to glance over the rules framed by the society, which has been duly registered under the provision of the societies registration act. rule 10 of the constitution of the board of management provides for the constitution of board of management which reads as under:--the board of management shall be constituted ..... 3. it was contended on behalf of sri b.k. shukla, counsel of the petitioner, that the general body of the said society which runs the institution guru nanak bal vidya mandir, consisted at the relevant time of 9 members. the management committee of the said society also consisted of 9 members. one member had gone to punjab and ..... , does not advance his case, for the simple reason, that the meeting which was called and transacted its business on 3rd may, 1992 was not a bona fide act on the part of sri darshan singh. sri darshan singh and sri jagat singh wanted to usurp the powers of the board of management of the society with a view .....
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