Court : Mumbai
Reported in : AIR1984Bom144
..... .33. petitioner further contended that the owner of the building is admittedlyresiding for many years in pakistan and that under the provisionof the foreign exchange regulation act, 1963 no foreigner can hold property without the permission of the reserve bank of india. the power - of -attorny in favour of respondent is therefore ..... 25. petitioners submitted also that not withstanding the merits of their eithercontentions in respect of the retrospective operation of the amendment of section 22 of the act and its consequences, the eviction orders are vitiated, even in the light of the aforesaid provision of law as it stood before the amendment. in ..... rule that substantive rights should not be held ot be taken away except by express provision or clear implication, by express provision or clear implication, many acts, though prospective in form, have been given retrospective operation , if the intention of the legislature is apparent. these observation of were made while constraining the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant27; 1983(2)KarLJ20
..... i thereto will further the legislative intent in regard to the enlargement of the share of female heirs, qualitatively and quantitatively. the hindu law of inheritance (amendment act , 1929, conferred heirship rights on the son's daughter, daughter's daughter and sister in all areas where the mithakshara law prevailed. s. 3 of the ..... female relative, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary of intestate succession, as the case may be, under this act and not by survivorship.explation-2: nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the ..... in a mitakshara coparcenary property, his interest this the property shall devolve by survive upon the surviving members of the coparcenaries and not in accordance with this act.provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative, specified in that class .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1983)LC687DTri(Delhi)
..... has been conclusively decided by kerala high court, in the appellant's own case, and the doubt has also been resolved by means of a retrospective amendment in the act itself.19. we would also like to dispose of, in passing, the contention set forth by the learned consultant for the appellant to the effect that the finished ..... was on the departmental authorities, also does not seem to be available in this case because the reported case was with reference to the provisions of central sales tax act, 1976, where the basic requirement of the concerned party being found to be a dealer was required to be established whereas there is no such dispute in this case ..... cochin 1983 (12) elt 578 = 1983 ecr 504d. he further pointed out that after the amendment brought about by the finance act, 1982 by virtue of section 51 thereof, retrospectively in the central excises and salt act, 1944 with effect from the date of its commencement i.e., 1-3-1944, making all the goods, when captively consumed, liable .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj50
..... , city jaipur passed a decree of eviction on the ground of bona fide and reasonable necessity under the provisions of the rajasthan premises (control of rent and eviction) act, 1950. the defendants contested the suit and six issues were framed. evidence was recorded by the trial court and after recording of the evidence the trial court in a ..... in which it was held that the court should consider the requirement of the landlord under section 14 (2) of the rajasthan premises (control of rent and eviction) act with a view to find out whether partial eviction would be sufficient. 9. we have not been able to appreciate the relevancy of the above citations before us, because ..... withdrawal of the appeal. 15. after a finding has been recorded by the trial court under section 13 of the rajasthan premises (control of rent and eviction; act, holding that the landlord-plaintiff is in bona fide requirement of the premises for his own use and that greater hardship would be caused to him if the premises .....
Tag this Judgment!Court : Delhi
Reported in : ILR1984Delhi741; 1984LabIC108; (1983)IILLJ441Del
..... it recognises 'qualifications' and 'higher qualifications' for the profession of nursing. it can withdraw the recognition. its functions are defined in sections 10 and 14 of the act. it has power to make subordinate legislation i.e. to frame regulations. but the preparatory work is done by the executive committee through the inspectors. executive committee appoints ..... they are responsible for reorganisation of nursing education and improvements in delivery of nursing services. they lay down legal standards of education and nursing administration. the council acts as a leader of nursing thought. (26) acceptance of health as a human right leads to the acknowledgment of the need to provide nursing services to all ..... be not an authority within art. 12 (j. s. girl rao vs. hindi kusht niwaran sangh 1982) 2 delhi 217 . bal bhavan board was held to be an authority (mohd. abbas khan vs. bal bhavan board, new delhi 1981 l. f. cases 1476. while the council is cast in a corporate mould, the reality is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H406
..... guardian cannot be permitted to play with his property. it was further observed that the permission of the court under s. 8(2). hindu minority and guardianship act, obtained by col. sukhdev singh on april 11, 1979, has become meaningless with the passage the time, change of circumstances and conduct of the guardian. ..... argued that the contract between the parties stands frustrated having become impossible of performance because the competent authority under the urban land (ceiling and regulation) act, 1976(hereafter the act) has not granted permission to the respondent to sell the house. this contention is fallacious and has been rightly repelled by the high court. ..... owns house no. 1577. section 18d chandigarh. on december 18, 1978, his father col. sukhdev singh moved a petition under s. 8. hindu minority and guardianship act, 1956, for the grant of permission for the sale of this house. the petition was disposed of by the senior subordinate judge, chandigarh, vide order dated april 11, .....
Tag this Judgment!Court : Chennai
Reported in : 1984(2)ECC160
..... the remaining 50 per cent being held by private individuals. the petitioner-company took out the necessary licences in form l4, etc., under the central excises and salt act, 1944, for the purpose of manufacture of cigarettes in their factory at hosur, dharmapuri district. according to the petitioner, the central excise duty is leviable under the ..... provisions of the central excises and salt act, 1944, under item 4 ii and the present duty of excise on 'duke' cigarette manufactured by the petitioner-company is a specific duty of rs. 21 ..... between the parties, it is necessary for me to extract the following statement: determination of value under section 4 of range: hosur m.o.r the central excises & salt act, 1944. division: i.d.o. salem effective from: 1-10-1979 collectorate: madrasname & address of the factory: asia tobacco range si. no: 51/79 company limited .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1984)(16)ELT272Tri(Chennai)
..... considering the possession of primary gold. as we have already indicated earlier, section 8 prohibits one from possessing gold by persons except as otherwise provided in the act. those provisions refer to the possession of primary gold by certified goldsmiths and dealers in the course of business of manufacture of gold ornaments. the advocate for ..... is permitted in certain circumstances, a factor which is recognised in the opening words of section 8 (1) itself which reads "save as otherwise provided in this act..." section 32 is one such provision made otherwise. section 32, along with section 42 which relates to certified goldsmiths, are sections-which permit the possession of ..... sub-section does not however authorise the possession of primary gold. if the possession of primary gold is an offence in terms of any other provisions of the act, it would no doubt continue to constitute one despite the further provision in this sub-section that what has to be declared, being not declared, becomes .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC541; 1984LabIC301; (1984)ILLJ314SC; 1983(2)SCALE1060; (1984)2SCC141; [1984]2SCR200; 1984(1)SLJ474(SC); 1984(16)LC44(SC)
..... 12, proceeded to examine whether the society which had established regional engineering college, srinagar and which was registered under the jammu & kashmir registration of societies act, 1898 was an instrumentality or agency of the state and would be comprehended in the expression 'other authority' in article 12. in this connection the ..... was an agency or instrumentality of the government. this court also referred to some decisions which have held that the companies incorporated under the companies act and the employees of these companies do not enjoy the protection available to government servants as contemplated in article 311. this court accordingly concluded that ..... an adjunct of the government of india and has not undergone any noteworthy change. on the advent of the provincial autonomy under the government of. india act, 1919, 'agriculture' and 'animal husbandry' came under the heading 'transferred sudject' with the result that they came within the exclusive jurisdiction of the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1984)(16)ELT647Tri(Kol.)kata
..... had filed the registration certificate as well as the refund claim before the superintendent of central excise within the time but section 11 b of the central excises and salt act, 1944 prescribed that the refund claim has to be filed before the assistant collector and in the instant case the same was filed on 2nd december, 1981, the ..... law of 4th edition by r.k. jain page 679 para 933. the same is reproduced as under : (1) refund claim under section 11b of central excises and salt act, 1944, is required to be made only to the assistant collector of the division under whose jurisdiction the assessee falls. therefore, refund claims should not be filed with the ..... 4. in reply shri a.k. saha, the learned senior departmental representative has pleaded that the refund claim was filed under section 11b of the central excises and salt act, 1944. he has cited sub-section 1 of section 11 band has pleaded that any person claiming refund of any duty of excise may prefer an application for refund .....
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